“a) That the acts of the 2nd, 3rd, 4th and 5th Respondents of failure or
refusal and/or delay to make respective declarations to accept the
competence of the African Court in line with Articles 5(3) and 34(6) of
the Protocol to the African Charter on Human and People’s Rights on
the Establishment of an African Court on Human and Peoples Rights
and all other International Human Rights Conventions is an
infringement of Articles 5, 6, 7(c), 126 and 130 of the Treaty for the
Establishment of the East African Community and Articles 1, 2, 7, 13,
26, 62 and 66 of the African Charter on Human and People’s Rights
the Vienna Convention on the Law of Treaties, 1969;
b) The demand made by the Applicant to the 1st, 2nd, 3rd, 4th and 5th
Respondents to make their declarations to accept the jurisdiction of the
African Court, despite the fact that they ratified the African Charter on
Human and People’s Rights on the Establishment of an African Court
on Human and Peoples Rights and all International Human rights
Conventions, has not been considered and the Applicant as an
individual legal personality and other individuals in East Africa are
aggrieved as they cannot have access to the Court because of the
restrictions imposed by Articles 5(3) and 34(6) of the Protocol on the
Establishment of the African Court requiring that the Court shall not
receive any petition involving any State Party to the African Union
which has not made any declaration under Articles 5(3) and 34(6) of the
Protocol.
c)That failure/refusal and inaction of the 2nd, 3rd, 4th and 5th Respondents
to deposit the said declarations is in itself an infringement of the
fundamental principles contravention of the doctrines and principles of
good governance, including adherence to the principles of democracy,
the rule of law, social justice and the maintenance of universally
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