3.
Pursuant
to Rule
34(1)
of the
Rules,
the
Registry
acknowledged
receipt of the application in a letter dated 26 May, 2011.
4. By letter dated
10June,
2011, the Registry sought to ascertain from
the Legal Counsel of the African Union Commission,
States had made
the declarationenvisaged
if the Respondent
under Article 34 (6) of the
Protocol.
5. By letter dated 13June, 2011, the Legal Counsel of the African Union
Commission
had
made
informed
the
the
Registry that
above-mentioned
neither
declaration;
Cameroon
and
nor Nigeria
at the
same
time
attached a list on the status of ratification of the Protocol which indicates
that Cameroon had not even ratified the Protocol.
6. The Court notes that Nigeria, a party to the Protocol, has not made the
declaration and Cameroon has not even ratified the Protocol.
7.
Article
5(3)
relevant Non
of the
Protocol
Governmental
provides
Organizations
that:
“the
(NGOs)
Court
may
entitle
with observer status
before the Commission and individuals to institute cases directly before
it, in accordance with Article 34 (6) of this Protocol”.
8. Article 34(6) on its part provides that: “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”.
9. Read together, the above provisions allow for the Court to be seized
directly by an individual only when
declaration authorizing such seizure.
a Respondent
State has
made
the