b. Where the treaty establishing a tribunal excludes the application of the rule either exprecisly on by necessary implication. Indeed, the rule of local remedies should not constitute an unjustified impediment to access to the international remedies. The drafters of the Supplementary Protocol 2005 this Court provides which created the human rights jurisdiction of the conditions to be satisfied by Applicant before accessing this Court, namely a, ii. The application must not be anonymous The application must not be brought when same is already pending before another international Court. There is no requirement of the exhaustion of local remedies before accessing this Court. The Defendant argued that the Applicants failed to exhaust local remedies as a condition precedent for approaching this court and therefore in flagrant vivlation to articles 26, 50 and 56(5) of the African Charter on Human and Peoples Rights. We need to start by making it clear that the provisions relied upon by the Defendant is a procedural rule applicable by the African Court and this Court is not bound by the procedural provisions of the African Court. 27

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