15. On 20 November 2023, Ms. Muluka Miti-Drummond, Ms. Sarah L. Bosha
and Ms. Ikponwosa Ero, Independent Experts on the Enjoyment of Human
Rights by PWA requested to intervene as amici curiae. On 22 March 2024,
the Court granted them leave to intervene as amici curiae directing them to
file their brief within 30 days of receipt of the notice.
16. On 16 May 2024, the Parties were notified that the Application had been set
down for a public hearing on 5 June 2024 and with the same notice, the
programme for the public hearing was forwarded to them.
17. On 31 May 2024, at the request of the Respondent State, the Court ordered
the reopening of pleadings and granted the Respondent State 45 days to
file its Response. On 22 August 2024, the Respondent State filed its
Response, which was transmitted on 23 August 2024 to the Applicants, for
their Reply within 15 days and to the amici curiae for information purpose.
18. On 10 and 11 September 2024, the Court held a public hearing in the matter,
which was attended by the Applicants, the Respondent State, amici curiae
and their representatives. During the public hearing, the Parties raised the
following preliminary objections: (a) objection to the amici curiae presenting
witnesses, (b) objection to the Respondent State presenting witnesses and
(c) objection to the Respondent State’s witness no. 3.
19. In addressing the objection raised by the Respondent State relating to the
amici curiae presenting witnesses, the Court held that the amici had already
submitted their observations in writing and thus did not need to corroborate
the same through witnesses and thus granted the Respondent State’s
prayer.
20. In addressing the objection raised by the Applicants relating to the
Respondent State presenting witnesses, the Court held that that, even
though the Respondent State had submitted its list of witnesses belatedly,
presenting them would not prejudice the Applicants. The Court thus
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