005068 50.Rule 40 of the Rules which in substance restates the provisions of Article 56 of the Charter sets outs the requirements for admissibility of applications as follows: “Pursuant to the provisions of Article 56 of the Charter to which Article 6(2) of the Protocol refers, applications to the Court shall comply with the following conditions: 1. Disclose the identity of the Applicant notwithstanding the latter's request for anonymity; ak © Comply with the Constitutive Act of the Union and the Charter; Not contain any disparaging or insulting language; Not be based exclusively on news disseminated through the mass media; Be filed after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged; 6. Be filed within a reasonable time from the date local remedies were exhausted or from the date set by the Court as being the commencement of the time limit within which it shall be seized with the matter; and 7. Not raise any mater or issues previously settled by the parties in accordance with the principles of the Charter of the United Nations, the Constitutive Act of the African Union, the provisions of the Charter or of any legal instrument of the African Union.” 51. While some of the above conditions are not in contention between the Parties, the Respondent State has raised two objections on the admissibility of the Application, that is, the non-exhaustion of local remedies and that the Application has not been filed within a reasonable time after exhaustion of local remedies. A. Conditions of admissibility in contention between the Parties i. Objection based on failure to exhaust local remedies 52. The Respondent State contends that the Application does not meet the admissibility requirements stipulated under Article 56(5) of the Charter and Rule 40(5) of the Rules as local remedies had not been exhausted prior to its filing. It substantiates this by pointing to the on-going execution proceedings of Ghana Cedis Fifty-One Million, Two AO eC

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