7. THE DEFENDANTS CASE : The Defendant did not file a defence to the suit but rather brought a Preliminary objection pursuant to Articles 87 and 88 of the Rules of this Court as well as Articles 9 and 10 of the Supplementary Protocol A/SP./01/05 relating to this Court. In the Preliminary Objection (Document No 2) the Defendant argued that the Court lacks jurisdiction to entertain the suit on grounds interlia. a. The suit challenges the exant criminal law provisions of the Defend and which have been judicially settled by Nigerian Courts. b. That the Supreme Court, (the final Court of the Defendant) has disposed fully the case on an appeal by the Applicant and this Application amounts to an appeal. c. The Applicant did not complain that she was denied the right to fair hearing or any other right relating to due process. 9