On the men·ts: Declare and decide that the evidence adduced by Mr. Michelot Yogogombaye is baseless and incompetent; Therefore. strike out the pleas submitted by the Applicant as baseless: Nule Uw.t Mr. Nlichelot. Yogogombaye should bear the costs incurred by the State of Senegal in regard to the applicalhm ". 29. In accordance with Rules 39 (1) and 52 (7) of the Rules, the Courl has at I his stage, to first consider the preliminary objections raised by Se negal , starling with lhe objection to the Courfs jurisdic tion. 30. Anjck 3 (2) o f the Pro tocol and Rule 26 (2) of the Rules provide that ~~in the event or a di::;pute as to whether the Court bas junsdiction , tl1e Court shall decide" . 31. To resolve this issue , it should be noted that, for the Court to hear a case brought directly by an individual against a State Party, there must be compUance with, inter alia, Article 5 (3) and Article 34 (6) ol'thc Protocol. 32 . :\r1 ick 5 (3) prov1des lha t. R; HThe C ourt may cnti.Lle relevant NonGovernmental Organi:~.ations (NGOs) with , observer status before the Commission and · individuals to inst.i tu Lc cases directly before it, in accordan ce 'With Arliclc 34 (6) of this • 1 Prolocy /v '--' , .~ ~. ~ "-'W ·~ · _ _, \ J ~ . --- ~~ --- -p ~~~ /