remedies,
that
rule
is not
inflexible
since
it can
be
legislated
away
or
compromised by parties
is
That the Protocol on Democracy and good governance was earlier in time than
the 2005
Supplementary
Protocol
which
granted access
to the court to
individuals without providing for the pre-condition of exhaustion of local
remedies
That even if the Protocol on Democracy and good Governance came into force
iii.
at the same time as the 2005
Supplementary
Protocol
, the Supplementary
Protocol provisions will take precedence over the provisions of the protocol
on democracy and good governance in that it was made specifically for the
Court.
That
iv.
Article
50
of
the
African
charter,
which
mandates
the
African
commission to admit cases only after the exhaustion of local remedies is
inapplicable to this court being a directive meant only for the African
Comunission.
In view of the above the defendant’s contention in this regard goes to no issue and
cannot be sustained.
4.
ON THE
SUBSTANCE
The following issues call for consideration
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