41. In response, the Applicant contends that neither the Charter, the Protocol
nor the Rules of Court specifies the maximum number of applications an
Applicant is entitled to submit to the Court. He further avers that submitting
several applications does not, per se, constitute an abuse warranting
dismissal on grounds of admissibility, insofar as the applications filed neither
contain the same facts nor relate to the same subject-matter. He concludes
that the objection should be dismissed.
***
42. The Court notes that an application is said to be abusive, inter alia, if it is
manifestly frivolous or if an applicant has filed it in bad faith contrary to
general principles of law and to judicial practice. In that regard, it should be
noted that the mere fact that an applicant files several applications against
a particular Respondent State does not necessarily indicate a lack of good
faith on the part of the applicant.9
43. The Court further notes that even if it is established that an application was
filed for purposes of political propaganda, it does not necessarily render the
application abusive. In any event, the Court further notes, an application can
be deemed abusive only after comprehensive examination on the merits.10
44. Consequently, the Court finds that whether or not the Applicant is abusing
the right to institute proceedings can only be determined at the stage of the
merits.
ii. Objection based on the absence of a link between the main Application
and the supplementary Application
45. The Respondent State avers that a supplementary application is admissible
only if it is sufficiently connected to the main application. In this regard, it
9 XYZ v. Republic of Benin, supra, § 44; Sébastien Germain Marie Aïkoué Ajavon v. Republic of Benin
(merits and reparations) (Judgment of 4 December 2020) 4 AfCLR 133, § 64.
10 XYZ v. Republic of Benin, supra, § 45.
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