of the Community on the grounds that such an Act, regulation, directive,
decision or action is unlawful or is an infringement of the principles of [the]
Treaty” within the meaning given by Article 30 thereof.
57. But that is not the end of the matter because we heard the Applicant to be
saying that failure to deposit the declarations aforesaid is a violation of Articles
6(d), 7(2), 126 and 130 of the Treaty. Article 126 provides for the scope of cooperation in legal and judicial affairs while Article 130 provides for relations
with other regional, international organizations and development partners.
Article 130(2) specifically states that:
“2.The Partner States reiterate their desire for a wider unity of Africa
and regard the Community as a step towards the achievement of the
objectives
of
the
Treaty
Establishing
the
African
Economic
Community.”
Article 130(1) also provides that:
“1.The Partner States shall honour their commitments in respect of
other multinational and international organizations of which they are
members.”
58. Reading the above Articles together, it is obvious to us that where a Partner
States “fails to honor commitments made” to other international
organizations, then with appropriate facts placed before the Court, a decision to
ensure compliance therefore may be made in favour of a party that fits the
description in Article 30 of the Treaty and which has a genuine complaint in
that regard. In fact in Article 130(4), the Organization of African Unity, the
United Nations and its agencies and other international organizations, bilateral
and multi-lateral development partners interested in the objectives of the
Community are specifically named in that regard and Partner States are
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