62. The question is whether, in light of the above, the nature of the Appellant’s case had matters triable under the provisions of the Treaty, especially under Articles 6,7,27 and 30 of the Treaty? The answer is in affirmative. Indeed, that was also the finding of the First Instance Division. 63. Article 6(d) of the Treaty obligates the Partner States to adhere to the principles of democracy, the rule of law, accountability, transparency, social justice, …….. as well as recognition, promotion and protection of Human and Peoples’ Rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights. [Emphasis added]. 64. The wording “…in accordance with the provisions of the African Charter on Human and Peoples’ Rights”, creates an obligation on the EAC Partner States to act in good faith and in accordance with the provisions of the Charter. Failure to do so constitutes an infringement of the Treaty. Such violation can be legally challenged before the East African Court of Justice by virtue of its jurisdiction ratione materiae, which is provided for especially under Article 23 read together with Article 27 of the Treaty. 65. In the Chorzow Factory (Jurisdiction case page 519 (supra) the Permanent Court of international Justice established an important [general] principle namely that: “The Court when it has to define its jurisdiction in relation to that of another international tribunal cannot allow its own competency to give way unless confronted with a clause which it considers sufficiently clear to prevent the possibility of a negative conflict of 21