000626
7.
Not raise any matter 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,
Organization of African Unity or the provision of the present Charter."
28.
The Respondent State raises two objections, that is, non-compliance of the
Application with the Constitutive Act of the African Union and the Charter and also
the timeframe for seizure of the Court.
A
objection based on non-compliance with the constitutive Act of the
African Union and the Charter
29.
The Respondent state avers that the Application does not comply with the
Constitutive Act of the African Union as well as the provisions of the Charter as
stipulated in Article 6 of the Protocol and Rule 40(2) of the Rules of Court' The
Respondent state contends that the Applicant merely concentrates on the
technicalities of the civil case against him'
30
31
The Applicant did not address this issue in his written submissions
The Court notes that the key objective of the Constitutive Act that relates to its
admissibility procedure is "promote and protecl human and peoples' rights in
relevant
accordance with the African Charter on human and peoples' rights and other
human righls instruments".4
a
Article 3(h)
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