Constitution was adopted in 1977 but it has been amended several times over the
years.
Nevertheless
it is clear
that the
Respondent
State’s
Constitution
was
enacted before the Respondent State became a party to both the Charter and the
Protocol. Notably, article 41(7) remains a part of the Respondent State’s laws to
date, long after the Respondent State became a party to both the Charter and the
Protocol.
24.The Court finds, therefore, that the violations alleged by the Applicant, though
commencing before the Respondent State became a party to the Charter and the
Protocol,
continued
after the Respondent
State
became
a party to these
two
instruments. Given the foregoing, the Court holds that it has temporal jurisdiction
in the present matter.
25.With regard to territorial jurisdiction, the Court observes that the alleged violations
are all said to have occurred within the territory of the Respondent State and this
has not been contested. The Court, therefore, holds that its territorial jurisdiction is
established.
26.In light of all the above,
the Court holds that it has jurisdiction to examine
the
Application filed by the Applicant.
Vi.
ADMISSIBILITY
27.Pursuant to Article 6(2) of the Protocol, “the Court shall rule on the admissibility of
cases taking into account the provisions of Article 56 of the Charter.” In accordance
with Rule 39(1) of the Rules, “the Court shall conduct preliminary examination of
... the
admissibility of the Application
in accordance
with
Article...
56 of the
Charter, and Rule 40 of the Rules.”
28.
Rule 40 of the Rules, which in substance restates the provisions of Article 56 of
the Charter, provides that: