IV. 31 . JURISDICTION OF THE COURT Under Rules 39(1) and 52(7) of the Rules, the Court is required to consider the objections raised by the Respondent and in particular, that regarding the jurisdiction of the Court to hear and determine the present Application. 32. Articles 3(2) of the Protocol and Rule 26 (2) of the Rules of Court provide that "in the event of a dispute as to whether the Court has jurisdiction, the Court shall decide. II 33. To resolve the issue raised in the preliminary objection , it should be understood that, for the Court to entertain an Application submitted directly by an individual, the said Application should inter-alia meet the requirements of Articles 5(3) and 34(6) of the Protocol. 34. Article 5(3) of the Protocol provides as that: "The Court may entitle relevant Non-Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with Article 34(6) of this Protocol. 35. II Article 34(6) of the Protocol for its part provides that "at the time of the ratification of this protocol or any time thereafter, the State shall make a declaration accepting the competence of the Court to receive cases under Article 5(3) of this Protocol. The Court shall not receive any petition under article 5(3) involving a State Party which has not made such a declaration".

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