b.
Are compatible with the Constitutive Act of the African Union
and with the Charter,
c.
Are not written in disparaging or insulting language directed
against the State concerned and its institutions or the African
Union,
d.
Are not based exclusively on news disseminated through the
mass media,
e.
Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged,
f.
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date set by the Court as
being the commencement of the time limit within which it shall
be seised with the matter, and
g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of the African Union or
the provisions of the Charter.
31. The Court notes that the Respondent State raises an objection to the
admissibility of the Application relating to the requirement of exhaustion of
local remedies. The Court will consider this objection, first, before examining
other conditions of admissibility, if necessary.
A. Objection based on non-exhaustion of local remedies
32. The Respondent State contends that the Applicants have not exhausted
local remedies and thus their Application should be declared inadmissible.
According to the Respondent State, the Applicants had the remedy of
instituting a review or revision of the Court of Appeal’s decision.8
*
8 According to the Respondent State, this could have been done under Part IIIB, Rule 65 and 66 of the
Court of Appeal Rules, 2009.
9