UNION AFRICA INE AFRICA N UNION ~J~' Jb.J~' UNIAO AFRICA NA COUR AFRICA INE DES DROITS DE L'HOMM E ET DES PEUPLE S AFRICAN COURT OF HUMAN AND PEOPLE S' RIGHTS Application No. 019/2015 In the Matter of Femi Fa/ana v. Tire African Commis sion 0 11 Hmnan and Peoples' Right~· Separate Opinion of Judge F atsah Ouguergouz I am of the opinion, same as all my colleagues, that the Court lacks lhe l. jurisdiction to hear and to ru le on the "Application" li led by Mr. Femi Falana against the African Commission on Human and Peoples' Rights (hereinafter the "African Commission"). [ndeed, according to the Protocol, only States Parties to this instrument 2. may be brougtb before the COLtrt (see Articles 3 ( I), 5 ( L litrera c)), 7, 26, 30, 31 a11d 34 (6)). The African Commission not being a State entity party to the Protocol, the Court manifestly lacks the jurisdict ion ratione personae to entertain lhe said request. Furthermore, by virtue of its subject matler, this request does not fa iJ withil1 the jurisdiction ratione materiae of the Court as envisaged in Article 3 of lhe Protocol. Unlike my colleagues, I am however of the view that this request, rather 3. 1 peculiar in natme, cannot in any circumstance be registered in the General List of the Court nor a fortiori, be subject to judicia I determination by the Court and be dismissed by way of an Order issued by the Court. 1t ought to have been rejected by way of a simple letter from the Registrar. * 1 Mr. Falana indeed sets out his request as follows: "The Applicant therefore seeks the .following reliefs from the African Court: I. Request the African Commission to refer the Communication against Bzmmdi inillated before it on 4 May 2015 to the A.friccm Court. 2. Hear the Applicant pursuant Ju Rule 29 of the Rules of Procedure of the African Court and the inherent j urisdiction ofthe Honourable Court.