on the evidence before it in line with Rule 117(4) and declared the Communication Admissible. By way of a Note Verbale dated 25 June 2007, the Respondent State was informed of the decision of the Commission and was also requested to make its submissions on Merits by 24 August 2007. On 11 September 2007, the Respondent State was reminded to make its submissions before the end of September 2007. On 19 September 2007, the Complainant was also informed of the decision of the Commission, upon the Secretariat realising that the information had not yet been transmitted, and requested them to make their submissions on the Merits on or by 31 October 2007 in time for consideration during the 42nd Ordinary Session. In the letter, it was also stated that if the Complainants failed to meet the set deadline, the Communication will be deferred for consideration in May 2008 in time for consideration during the 43rd Ordinary Session but in any case, they were required to make their submissions within 3 months of receipt of the letter. 13. At its 42nd Ordinary Session held from 15 to 28 November 2007 in Brazzaville, Republic of Congo, the Commission deferred the Communication to its 43 rd Ordinary Session of the Commission in order to allow both parties to submit on the Merits of the Communication. The parties were informed of the decision of the Commission on 19 December 2007. However, it was later realised that the letter and Note Verbale were wrongly drafted since it referred to making submissions on Admissibility instead of Merits. This was later corrected and on 22 October 2008, a reminder was sent to both parties to submit their arguments on the Merits of the Communication at their ‘earliest convenience’ in order to allow for its consideration during the 44th Ordinary Session. 14. At its 44th Ordinary Session held from 10 to 24 November 2008, in Abuja, Federal Democratic Republic of Nigeria, the Commission decided to defer its decision on the Communication to its 45th Ordinary Session in order to allow 4|P a g e

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