30. At the 44th Ordinary Session held from 10 to 24 November 2008 in Abuja, Nigeria, the consideration of the Communication on the merits was deferred to the 45th Ordinary Session to enable the parties to submit their arguments on the merits of the case. 31. On 5 December 2008, the Secretariat received the arguments of the Democratic Republic of Congo on the merits of the Communication. 32. By note verbale of 19 December 2008, the Secretariat acknowledged receipt of the submission of the DRC and informed the latter of the holding, from 13 to 27 May 2009 in Banjul, The Gambia, of the 45th Ordinary Session of the Commission. 33. By letter dated 19 December 2008, and in compliance with the adversarial principle, the merits submission of the DRC was forwarded to the Complainant whom the Secretariat requested to submit, in turn, his arguments on the merits of the Communication 34. By note verbale and letter dated 27 April 2009, the Secretariat reminded the parties that the 45th Ordinary Session of the African Commission would be held from 13 to 27 May 2009 in Banjul, The Gambia. In the same letter, the Complainant was requested to transmit to the Secretariat his arguments on the merits within one month. 35. The final exchanges in writing between the parties were closed by the Secretariat of the Commission in December 2009. 36. Through appropriate channels and in accordance with its usual procedures, the Secretariat of the Commission kept the parties informed of the successive deferrals of the consideration of the Communication and the decision of the Commission on the merits. 37. The last deferral was notified to the parties by the Secretariat on 13 November 2012. THE LAW Admissibility 38. The Communication was submitted in accordance with Article 55 of the African Charter on Human and Peoples’ Rights which empowers the 5