October 2006. On 24 October 2006, the Secretariat of the Commission received the submissions of the Complainants on Admissibility by email. 11. At its 40th Ordinary Session held from 15 to 29 November 2006, in Banjul, The Gambia, the Commission decided to defer the consideration of the Communication on Admissibility to its 41st Ordinary Session, in order to allow the Respondent State make its submissions on Admissibility. On 7 February 2007, both parties were informed of the Commission's decision, and the Respondent State was urged to submit the requested submissions within one month of the reminder, that is, by 7 March 2007. By a Note Verbale dated 24 April 2007, the Commission reminded the Respondent State of its request for the latter's response to the Complainants submissions on Admissibility; and requested the State to make the required submission by 10 May 2007. By the same Note Verbale, the Commission informed the Respondent State that if the requested submission was not made, the Commission may be obliged to take a decision on Admissibility based on the facts before it, in line with Rule 117(4) of the old Rules of Procedure. 12. At its 41st Ordinary Session held from 16 to 30 May 2007, in Accra, Ghana, the Commission in the absence of any response from the Respondent State, acted on the evidence before it in line with Rule 117(4) and declared the Communication Admissible. By way of a Note Verbale dated 25 June 2007, the Respondent State was informed of the decision of the Commission and was also requested to make its submissions on Merits by 24 August 2007. On 11 September 2007, the Respondent State was reminded to make its submissions before the end of September 2007. On 19 September 2007, the Complainant was also informed of the decision of the Commission, upon the Secretariat realising that the information had not yet been transmitted, and requested them to make their submissions on the Merits on or by 31 October 2007 in time for consideration during the 42nd Ordinary Session. In the letter, it was also stated that if the Complainants failed to meet the set deadline, the Communication will be deferred for consideration in May 2008 in time for consideration during the 43rd Ordinary Session but in any case, they were required to make their submissions within 3 months of receipt of the letter. 13. At its 42nd Ordinary Session held from 15 to 28 November 2007 in Brazzaville, Republic of Congo, the Commission deferred the Communication to its 43rd Ordinary Session of the Commission in order to allow both parties to submit on the Merits of the Communication. The parties were informed of the decision of the Commission on 19 December 2007. However, it was later realised that the letter and Note Verbale were wrongly drafted since it referred to making submissions on Admissibility instead of Merits. This was later corrected and on 22 October 2008, a reminder was sent to both parties to submit their arguments on the Merits of the Communication at their 'earliest convenience' in order to allow for its consideration during the 44th Ordinary Session. 14. At its 44th Ordinary Session held from 10 to 24 November 2008, in Abuja, Federal Democratic Republic of Nigeria, the Commission decided to defer its decision on the Communication to its 45th Ordinary Session in order to allow both parties to make their submissions on the Merits of the Communication. On 11 December 2008, both parties were informed of the decision and subsequently requested to submit their arguments on the Merits of the Communication within three months on or before 11 March 2009. 15. On various dates between January and March 2009, the Complainants requested and were granted extension to make their submissions three weeks outside the set deadline. The Complainants submissions were therefore due on 1 April 2009. On 27 March 2009, the Commission requested the State to make its submissions on the Merits of the Communication 'without further delay' and subsequently informed it of its intention to take a decision at its 45th Ordinary Session scheduled from 13 to 28 May 2009 in Banjul, The Gambia and requested it to submit its arguments on the Merits of the Communication without further delay. 16. On 1 April 2009, the Secretariat of the Commission received an email from Complainants transmitting their submissions on the Merits of the Communication to the Commission. The Commission acknowledged receipt of the Complainants' submissions on 6 April 2009 and informed the Complainant of its decision to forward the same to the Respondent State for their comments. On 9 April 2009, the Respondent State acknowledged receipt of the Commission's Note Verbale of the 27 March 2009, and joined issues with the Commission on alleged procedural lapses, stating that the Admissibility decision was taken without the involvement of the Respondent State. On 16 April 2009, the Secretariat of the Commission acknowledged receipt of the Respondent State's Note Verbale dated 9 April 2009 and informed the Respondent State that 2