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:
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