i.
The Court finds that its personal jurisdiction is established insofar as,
as indicated in paragraph 2 above, the Respondent State is a Party
to the Charter and the Protocol. On 7 March 2025, the Respondent
State deposited the instrument of withdrawal of the said Declaration
with the African Union Commission. In this regard, the Court
reiterates its position, as set out in paragraph 2 of this judgment, that
the withdrawal of the Declaration does not affect cases pending
before the said withdrawal takes effect. As the present Application
was already pending before the Respondent State withdrew its
Declaration, the withdrawal has no effect on the case.12
ii.
The Court also finds that its temporal jurisdiction is established
insofar as the facts of the case occurred after the Respondent State
became a party to the instruments referenced in paragraph 2 above.
iii. With regard to territorial jurisdiction, the Court finds that the violations
alleged by the Applicant took place on the territory of the Respondent
State. Consequently, the Court has territorial jurisdiction to consider
this Application.
46. The Court, therefore, holds that it has jurisdiction to hear the instant
Application.
VI.
ADMISSIBILITY
47. Under Article 6(2) of the Protocol, “The Court shall rule on the admissibility
of cases taking into account the provisions of Article 56 of the Charter. “
Ingabire Victoire Umuhoza v. Republic of Rwanda (jurisdiction) (2016) 1 AfCLR 540, §§ 66-68;
Houngue Eric Noudehouenou v. Republic of Benin, AfCHPR, Application No. 003/2020, Order of 5 May
2020 (provisional measures), §§ 4- 5 and Corrigendum of 29 July 2020; Kouadio Kobena Fory v.
Republic of Côte d’Ivoire (merits and reparations) (2 December 2021) 5 AfCLR 682, § 2 and Andrew
Ambrose Cheusi v. United Republic of Tanzania (judgment) (26 June 2020) 4 AfCLR 219, § 38.
12
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