The Merits 157. As the Court has found that the application is not admissible, it is not necessary to deal with the merits of the case. Costs 158. The Respondent prayed that the Court orders the Applicant to bear the costs of the application. The Court notes that Rule 30 of the Rules of Court states that "[U]nless otherwise decided by the Court, each party shall bear its own costs."Taking into account all the circumstances of this case, the Court is of the view that there is no reason to depart from the provisions of this Rule. 159. For these reasons, the Court holds: 1. Unanimously that the preliminary objection on the lack of jurisdiction ratione materiae of the Court as required by Article 3(1) of the Protocol is overruled. 2. Unanimously, that the preliminary objection on the inadmissibility of the Application for incompatibility with the Charter of the Organisation of African Unity and the Charter as required by Article 6(2) of the Protocol read together with Article 56(2) of the Charter and Rule 40(2) of the Rules is overruled. 3. By a majority of six to four, that the preliminary objection on the inadmissibility of the Application for non-exhaustion of local remedies as required by Article 6(2) of the Protocol read together with Article 56(5) of the Charter and Rule Rule 40(5) of the Rules is allowed. 4. By a majority of six to four, that the Application is therefore declared inadmissible. 5. Unanimously, that, in accordance with Rule 30 of the Rules of Court, each Party shall bear its own costs. Done, at Arusha this Twenty Eighth Day of March 2014, in the English and French languages, the English text being authoritative. Sophia A. B. AKUFFO, President Bernard M. NGOEPE, Vice President Gerard NIYUNGEKO, Judge Fatsah OUGUERGOUZ, Judge Duncan TAMBALA, Judge Elsie N. THOMPSON, Judge Ben KIOKO, Judge and Kimelabalou ABA, Judg and Robert ENO, Registrar IN FAVOUR: Bernard M. NGOEPE - Vice President, Gerard NIYUNGEKO, Duncan TAMBALA, Sylvain ORE, El Hadji GUISSE and Kimelabalou ABA, Judges. AGAINST: Sophia A. B. AKUFFO-President; Fatsah OUGUERGOUZ, Elsie N. THOMPSON and Ben KIOKO, Judges. In accordance with Article 28(7) of the Protocol and Rule 60(5) of the Rules of Court, the Separate Opinion of Bernard M. NGOEPE- Vice President, the Joint Dissenting Opinion of Sophia A. B. AKUFFO, President, Elsie N. THOMPSON and Ben KIOKO, Judges and the Individual Dissenting opinion h OUGUERGOUZ, 21