xvi. Note that Beninese nationality can be proven by any national; and
xvii. Declare that the said Order is not contrary to the Charter.
V.
JURISDICTION
12. Article 3 of the Protocol provides:
1.
The jurisdiction of the Court shall extend to all cases and disputes
submitted to it concerning the interpretation and application of the
Charter, this Protocol and any other relevant human rights instrument
ratified by the States concerned.
2.
In the event of a dispute as to whether the Court has jurisdiction, the
Court shall decide.
13. Furthermore, according to Rule 49(1) of the Rules of Court,6 “The Court
shall ascertain its jurisdiction and the admissibility of an Application in
accordance with the Charter, the Protocol and these Rules”.
14. Based on the above-mentioned provisions, the Court must conduct a
preliminary assessment of its jurisdiction and dispose of objections thereto,
if any.
15. The Court notes that in the instant case, the Respondent State raises an
objection to its material jurisdiction, on which the Court will rule before
considering the other aspects of its jurisdiction, if necessary.
A. Objection to material jurisdiction
16. The Respondent State submits that the Applicant does not refer any dispute
to the Court but merely resorts to the Court as a forum to challenge the
Order of 22 July 2019.
6
Rule 39(1) of the Rules of 2 June 2010.
5