alleged human rights violations, evidence adduced and remedies sought. It
submits that, additionally, just like this Court, the EACJ has jurisdiction to
hear human rights violations. It references the EACJ’s decision in James
Katabazi and 21 Others v. Secretary General of the East African Community
and Another.
227. On the objection that the abuse of process can only be dealt with on the
merits of the case, the Respondent State submits that the abuse of process,
particularly the existence of parallel proceedings, is a fundamental
preliminary procedural question which should be resolved before any
examination of the merits. It submits that the interests of justice would not
be served if the Court were to examine the merits before ruling the
application inadmissible and that, in any event, the case of XYZ v. Republic
of Benin is different from the instant case.
228. The Respondent State further argues that the fact that none of the parallel
proceedings has been determined reinforces the argument that the
Application before this Court is an abuse of process and increases the risk
of conflicting rulings.
229. The Respondent State urges the Court to be mindful of its own communiqué
following the second tripartite judicial dialogue between it, the EACJ and the
Economic Community of West African States Court of Justice, in which the
three courts affirmed their commitment to judicial dialogue.
230. As for the Applicant’s failure to disclose material facts, the Respondent State
submits that the two applications were lodged within the space of a month.
It argues that the Applicant State could not conceivably have been oblivious
to the fact that it intended to refer a similar case to the EACJ.
231. In the alternative, the Respondent State argues, that even if the Applicant
State had been unaware that it would be making a referral to the EACJ, it
should have informed the Court of this important fact as soon as the
application was lodged or shortly thereafter. It argues further that failure to
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