12 9(4). And Article 1 0(d) of the 1991 Protocol as amended by the Supplementary Protocol of 2005, granted access to individuals, subject to certain conditions. Another provision in the 1991 Protocol, as amended, which grants access to the court to individuals is Article 10(c). It granted direct access to the court to individuals and C011)0rate bodies against tl1e Community in certain specific matters. All these provisions do not require, directly or even indirectly, the exhaustion of local remedies before an action could be brought before this court. So what is the basis of tl1is submission tl1at a plaintiff should exhaust local remedies before recourse to this court? 39. The rule on exhaustion of local remedies is derived from customary international law which requires the exhaustion of local remedies before a claim may be brought before an international tribunal. However, it is not an inflexible rule. For instance, the International Court of Justice held in the case titled Electronica Sicula Sp.4, (ELSI Case), (Second Phase), ICJ Rep. 1989, that exhaustion of local remedies may be waived by express provision in a treaty. Thus by Article XI(l) of the Convention on International Liability for Damage caused by Space Objects, 1972, the requirement of the exhaustion of local remedies was dispensed with. 40. Under Article 10 of the Supplementary Protocol of 2005, any provision of a prior Protocol which is inconsistent with the provisions of the 2005 Supplementary ' . Protocol is to the extent of the inconsistency null and void. Thus, Article 39 of the Protocol on Democracy and Good Governance, which is clearly in- conflict with the provisions of Article 4 (d) of the Supplementary Protocol of 2005 with respect to the exhaustion of local remedies as a condition precedent to the institution of an action in human rights is null and void to that extent. The 1991 Protocol, as amended by the Supplementary Protocol, forms an integral part of the Treaty and thus the exclusion of exhaustion of local remedies w1der the Protocol is perfectly valid in international law. 41. That being the position of the law, this Court has decided in a plethora of cases including Prof Etim Moses Essien v. Republic of The Gambia & Anor (Suit No. ECW/CCJ/APP/05/05, judgment delivered on 29th October, 2007), Musa Saidykhan v. Republic of The Gambia (Suit No. ECW/CCJ/APP/11/07, judgment 12