Thirdly, Counsel contended the there is no requirement for exhaustion of local
remedies under the Treaty and consequently, this Court should not entertain that
objection.
Counsel made no response to the last three objections on the ground that they
did not form part of the objections Counsel for the Respondent had raised and
were agreed upon during the scheduling conference. He instead went ahead to
submit on the capacity of the Claimants, a point which as we stated earlier in this
ruling and is borne out by the record of proceedings, the Respondent’s counsel
had abandoned at the scheduling conference. For that reason we have not
considered it in this Ruling as well.
DETERMINATION OF THE POINTS OF OBJECTION BY THE COURT
After carefully considering the written submissions of both sides and the law, our
findings and conclusions are as follows:
1. Jurisdiction
The jurisdiction of this Court is stated in Article 27 read together with Article 23 of
the Treaty in the following words:
(i) The Court shall initially have jurisdiction over the interpretation and
application of this Treaty.
(ii) The Court shall have such other original, appellate, human rights and
other jurisdiction as will be determined by the Council at a suitable date.
To this end, the Partner States shall conclude a protocol to
operationalise the extended jurisdiction.
Article 23 provides that:
1. The Court shall be a judicial body which shall ensure adherence to law in
the interpretation and application of and compliance with this Treaty.
It is not in dispute that the steps in Article 27(2) have not yet been taken. It
follows therefore, that this Court may not adjudicate on disputes concerning
violation of human rights per se. The Court has no appellate jurisdiction as well.
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