00050?
ii.
27.
That the Application is inadmissible and be duly dismissed."
The Respondent State also prays that the Court declare that it has not violated
Articles 2,3(1) and (2) and 7(1Xa) of the Charter, the Application lacks merit and
it should be dismissed with costs.
V.
JURISDICTION
28.
The Respondent State has not raised an objection to the jurisdiction of the Court.
ln terms of Rule 39 (1) of its Rules, "the Court shall conduct preliminary examination
of its jurisdiction."
29.
With regard to its materialjurisdiction, the Applicant has sought reliefs based on
allegations relating to the violation of his rights under Articles 13(1), 13(3),
13(6)(a), 26(1) and 26(2) of the Constitution of the Respondent State.
30.
ln accordance with Article 3(1 ) of the Protocol and Rule 26(1 )(a) of the Rules, the
Court's material jurisdiction relates only to the application and interpretation of
human rights instruments to which a State is a Party, rather than to the application
and interpretation of the Respondent State's Constitution.
31.
The Court notes however, that the rights provided for under the afore-mentioned
provisions of the Respondent State's Constitution correspond to the rights set out
in Articles 2, 3(1) and (2) and 7(1)(a) of the Charter on the right to nondiscrimination, the right to equality before the law and equal protection of the law
and the right to appealto competent national organs against acts violating rights.
32.
With regard to the other aspects of its jurisdiction, the Court holds that:
It has personal jurisdiction over the Parties because the Respondent
State deposited the Declaration pursuant to Article 34(6) of the Protocol
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