preclude it from examining relevant proceedings in the national courts in order to determine whether they are in accordance with the standards set out in the Charter or any other human rights instruments ratified by the State concerned”.8 The Court would, therefore, not be sitting as an appellate court if it were to consider the Applicant’s allegations. 28. Accordingly, the Court dismisses the Respondent State’s objection and holds that it has jurisdiction to hear the instant Application. B. Other aspects of jurisdiction 29. The Court observes that no objection has been raised with respect to its personal, temporal and territorial jurisdiction. Nonetheless, in line with Rule 49(1) of the Rules, it must satisfy itself that all aspects of its jurisdiction are fulfilled before proceeding. 30. In relation to its personal jurisdiction, the Court recalls, as stated in paragraph 2 of this judgment that, on 21 November 2019, the Respondent State deposited with the Chairperson of the African Union Commission, an instrument withdrawing its Declaration made under Article 34(6) of the Protocol. The Court further recalls that it has held that the withdrawal of the Declaration does not have any retroactive effect and has no bearing on matters pending prior to the filing of the instrument withdrawing the Declaration, or new cases filed before the withdrawal takes effect.9 Since any such withdrawal of the Declaration takes effect twelve (12) months after the notice of withdrawal is deposited, the effective date for the Respondent State’s withdrawal was 22 November 2020.10 This Application having been filed before the Respondent State deposited its notice of withdrawal, is not affected by it. The Court, therefore, finds that it has personal jurisdiction to examine the present Application. 8 Kennedy Ivan v. United Republic of Tanzania, (merits and reparations) (28 March 2019) 3 AfCLR 48, § 26; Guéhi v. Tanzania, supra, § 33. 9 Cheusi v. Tanzania (judgment), supra, §§ 35-39. 10 Ingabire Victoire Umuhoza v. United Republic of Rwanda (jurisdiction) (3 June 2016) 1 AfCLR 562, § 67. 8

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