itself and inconsistent with the African Charter on Human and Peoples' Rights (the Charter). It also violates the fundamental right of the Peoples' of Africa to ventilate their grievances in a Court established for that purpose. Member States must not only create institutions for the protection of human rights but they must ensure that the instruments used by the institutions meet international standards and do not derogate from the protective mandate, enshrined for the Peoples of Africa in the Charter. They cannot and should not be allowed to abandon their responsibility and to approbate and reprobate. And where they have purported to do so, the African Union, the body they have established to facilitate their collective will and action, can and should be amenable to being held liable for such failure and or abandonment. The right of access to justice is a peremptory norm- jus cogens. This right is in the African Charter and other International Human Rights instruments to which State parties are signatories. The instruments have been properly stated by the Applicant at page 11 of his rejoinder on June 6, 2012. See i.Article 7 of the African Charter on Human and Peoples' Rights ii.Article 8 of the Universal Declaration of Human Rights iii.Article 2(3) of the International Covenant on Civil and Political Rights and; iv.Article 10(3) of the African Charter on Democracy, Elections and Governance 4