Alternatively, the Republic of Niger pleads incompetence of the Court, and on a further alternative ground, asks the Court to dismiss all the claims brought by the Applicant, in their intents and purposes. The Republic of Niger also asks the Court to order DNA tests to be carried out on Adizatou Amadou Dieye and on the alleged two children of Hama Amadou and Adizatou Amadou Dieye, as a married couple. 28.Hama Amadou argues that the provisions of Articles 37 and 40 invoked above the Defendant were not violated. That the Court has jurisdiction to hear the dispute and that his rights are violated by the Republic of Niger. That in the absence of any relevant law of Niger on the matter, no DNA test must be ordered by the Court to be conducted on his wife or his children. 29.Upon examining the pleadings in the case, it is apparent that the Court must make pronouncements on the following issues: (1) Jurisdiction of the Court; (2) Admissibility of the Application and res judicata; (3) Violation of human rights; (4) Damages on human rights violation; (5) Damages on vexatious court process. ANALYSIS OF THE COURT A. REGARDING THE JURISDICTION OF THE COURT 30.First and foremost, it is appropriate to stress that the Republic of Niger raised as a principal defence the issue of lack of jurisdiction of the Honourable Court. 31.The Court recalls that in every instance where an application is brought before it, it is binding upon the Court to examine its jurisdiction, as to whether, all things well considered, the incompetence of the Court is advanced as a principal plea for defence; the Court must therefore make a pronouncement on its jurisdiction. Translator : E. Nkansah 9