e.
2.
African Intergovernmental Organizations.
When a State Party has an interest in a case, it may submit a
request to the Court to be permitted to join.
3.
The Court may entitle relevant Non-Governmental Organizations
(NGOs) with observer status before the Commission, and
individuals, to institute cases directly before it, in accordance with
Article 34(6) of this Protocol.
16. Article 34(6) of the Protocol provides thus:
At the time of the ratification of this Protocol or any time thereafter, the
State shall make a declaration accepting the competence of the Court
to receive cases under Article 5(3) of this Protocol. The Court shall not
receive any petition under Article 5(3) involving a State Party which has
not made such a declaration.
17. The Court also notes that Rule 90 of the Rules, provides that:
Nothing in these Rules shall limit or otherwise affect the inherent power
of the Court to adopt such procedure or decisions as may be necessary
to meet the ends of justice.
18. In respect of the Applicants, the Court notes that the NGO Campaign for
Social Justice and Constitutional Democracy in Africa was included as an
Applicant. This NGO, however, and as confirmed by the Applicants’
counsel, does not have observer status before the Commission. It is thus
not in a position to commence, or be Party, to an Application before this
Court as per the dictates of Articles 5(3) and 34(6) of the Protocol.
19. As for the Respondent States to this Application, the Court notes that out of
all the Respondents cited only the following are parties to the Protocol and
have deposited the Declaration: Burkina Faso, Republic of Ghana, Republic
of Niger, Republic of Gambia, Republic of Mali and Republic of Guinea
9