preclude it from examining relevant proceedings in the national courts in
order to determine whether they are in accordance with the standards set
out in the Charter or any other human rights instruments ratified by the State
concerned”.8 The Court would, therefore, not be sitting as an appellate court
if it were to consider the Applicant’s allegations.
28. Accordingly, the Court dismisses the Respondent State’s objection and
holds that it has jurisdiction to hear the instant Application.
B. Other aspects of jurisdiction
29. The Court observes that no objection has been raised with respect to its
personal, temporal and territorial jurisdiction. Nonetheless, in line with Rule
49(1) of the Rules, it must satisfy itself that all aspects of its jurisdiction are
fulfilled before proceeding.
30. In relation to its personal jurisdiction, the Court recalls, as stated in
paragraph 2 of this judgment that, on 21 November 2019, the Respondent
State deposited with the Chairperson of the African Union Commission, an
instrument withdrawing its Declaration made under Article 34(6) of the
Protocol. The Court further recalls that it has held that the withdrawal of the
Declaration does not have any retroactive effect and has no bearing on
matters pending prior to the filing of the instrument withdrawing the
Declaration, or new cases filed before the withdrawal takes effect.9 Since
any such withdrawal of the Declaration takes effect twelve (12) months after
the notice of withdrawal is deposited, the effective date for the Respondent
State’s withdrawal was 22 November 2020.10 This Application having been
filed before the Respondent State deposited its notice of withdrawal, is not
affected by it. The Court, therefore, finds that it has personal jurisdiction to
examine the present Application.
8
Kennedy Ivan v. United Republic of Tanzania, (merits and reparations) (28 March 2019) 3 AfCLR 48,
§ 26; Guéhi v. Tanzania, supra, § 33.
9 Cheusi v. Tanzania (judgment), supra, §§ 35-39.
10 Ingabire Victoire Umuhoza v. United Republic of Rwanda (jurisdiction) (3 June 2016) 1 AfCLR 562,
§ 67.
8