des Association Contre l’impunite au Togo which claims to represent Mr. AGBETOGNON in the instant procedure cannot validly intervene in the case in such quality. Consequently, there is need to declare the Application as inadmissible”. COLLECTIF DES ASSOCIATION CONTRE L’IMPUNITE AU TOGO VS TOGO ECW/CCJ/JUD/12/18 PARAGRAPH 12&13. See also MME AZIABLEVI YOVO & 31 ORS V TOGO TELECOM & REPUBLIC OF TOGO ECW/CCJ/JUD/04/12, PARAGRAPH 38. 96.In view of the above analysis, the Application filed by Incorporated Trustees of Centre for Peace and Conflict Management in Africa and Rethink Africa Foundation on behalf of the 7 named inmates without a mandate from them is declared incompetent. Indeed the bottom has fallen out of the entire Application and it can hold no water. The Court therefore holds that the Application is inadmissible. IX. COSTS 97.Article 66 (1) of the Rules provides, “A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings.” 98.In line with Article 66(4) of the Rules which provides that “Where each party succeeds on some and fails on other heads, or where the circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs”, the Court holds that each Party shall bear their own costs. X. OPERATIVE CLAUSE For the reasons stated above, the Court sitting in public after hearing both parties: 30

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