Declaration took effect, the Court has no jurisdiction to consider the said
request.
24. The Applicant submits in reply that by virtue of Article 27(2) of the Protocol
and Article 59(1)5 of the Rules of Court, the Court is empowered to adopt
provisional measures in cases of urgency, the existence of irreparable harm,
or imminent violations of fundamental rights, or to preserve the interests of
justice and/or the parties, or to preserve the effectiveness of the judgment
on the merits.
25. He further contends that, in any event, the Court does not have to be
satisfied that it has jurisdiction as regards the merits of the matter but merely
that it has prima facie jurisdiction.
26. Furthermore, referring to Article 3(1) of the Protocol, the Applicant considers
that the Court has jurisdiction insofar as the Respondent State has ratified
the African Charter, the Protocol, deposited the Declaration, and insofar as
the Application contains alleged violations of rights protected under human
rights instruments.
27. He avers that although the Respondent State deposited the instrument of
withdrawal of the Declaration on 25 March 2020, the withdrawal only took
effect from 26 March 2021 and therefore has no bearing on his Application,
which was filed before that date.
***
28. The Court notes that the Respondent State is a party to the Charter, the
Protocol and has deposited the Declaration. The Court recalls, as indicated
5
Rule of 25 September 2020.
11