before its National Assembly would violate the Applicants’ human rights of
freedom of speech and press if passed into law.
38.
To this end, since the Applicants have raised some complaints about the
activities of the Respondent’s National Assembly in violation of their human
rights, this Court has jurisdiction to examine the impugned process of the
Assembly with the view to ascertaining whether or not any violation of human
rights has occurred and the Court so holds.
VIII. ADMISSIBILITY
39. This matter falls under Article 10(d) of the Supplementary Protocol on the Court
as amended which provides that “Access to the court is open to individuals on
application for relief for violation of their human rights, the submission of
application for which shall; i) Not be anonymous; nor ii) Be made whilst the
same matter has been instituted before another international court for
adjudication”.
40. In a Preliminary Objection raised by the Respondent in the early stage of the
proceedings against the admissibility of this case, the Court dismissed the
objection as premature and admitted the case in order to examine the substance
of the Application. The Court’s decision was influenced by the fact that the
violation alleged by the Applicants is an anticipatory one which needs to be
examined together with the merits of the case.
IX. MERITS
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