32 (4) of the Rules of this court renders the Application devoid of a cause. The Court observed that there is no reference in the applicants’ Initiating Application to instruments (documentary or physical) as evidence to be relied upon to establish their case. The purpose of annexing instruments to pleadings is for the purpose of notice. Where no such instruments are pleaded, the Court does not see how the right of action of the applicants can be defeated by not annexing such non-pleaded instruments to the pleading. This Court says that the soul of the law is reason. Where reason ceases, there too must the law ceased. 6.1.8. Or is it the position of the defendant that in the event that a party who believe that a human right violation has been committed against him cannot institute an action in the absence of documentary evidence, even though his case may be established by oral evidence? This Court held in the case Bakary Sarre vs. The Republic of Mali (unreported) Suit no. ECW/CCJ/APP/09/09, that the competence of the Court to adjudicate in a given case depends not only on its texts but also on the substance of the initiating application. The Court accords every attention to claims made by applicants, the pleas-in-law invoked, and in an instance where human rights violation is alleged, the Court equally consider how the parties present such allegations. The Court therefore looks to find out whether the human rights violation as observed constitutes the main subject matter of the application and whether the pleas-in-law and evidence produced essentially go to establish such violation. 6.1.9. Article 9 (4) of the Supplementary Protocol (A/SP.1/01/05) Amending the Protocol (A/P1/7/91) of the Community Court of Justice confers upon this court the “jurisdiction to determine cases of violation of human rights that occurs in member states”. The self-same Supplementary Protocol also provides at Article 10 (c) that “(A)ccess to the Court is open to…individuals on application for relief for violation of their human rights; the submission of application for which shall: (i) not be anonymous; nor (ii) be made whilst the same matter has been instituted before another International Court for adjudication”. 6.1.10. The court in fulfilling its human rights competence relied upon Article 4 (g) of the Revised Treaty which provides for the declared and affirmed adherence by member states to the “recognition, promotion and Page | 10

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