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".