In the letter with reference number AfCHPR/ Reg./ APPL. / 028 / 2018 /004 and signed by the court registrar Dr Robert Eno, the court stated: “Take notice that the attached application was filed against the Respondents at this Registry on the 31st day of October 2018.
In conformity with the Rule 35(4) of the Rules of the Court, the Respondents are hereby requested to submit names and addresses of their representatives within 30 days of the receipt of this notification.”
“The Respondents are further requested to submit pursuant to Rule 37 the Response to the Application within 60 days of receipt of same.”
Falana, in 2018, dragged eight African Union member states to the court over “the failure of the countries to discharge their legal duty to defend the sovereignty, territorial, integrity and independence of Western Sahara.”
The case brought on behalf of Bernard Anbataayela Mornah, a Ghanaian citizen and the National Chairman of the Convention of People’s Party, a political party in Ghana against Burkina Faso; Cote D’ivore; Ghana; Mali; Malawi; and Tanzania relates “to the legal duty on the defendants to defend the sovereignty, territorial, integrity and independence of Western Sahara.”
The African Court on Human and Peoples' Rights is a continental court established by African countries to ensure the protection of human and peoples’ rights in Africa. It complements and reinforces the functions of the African Commission on Human and Peoples' Rights.
The Court was established by virtue of Article 1 of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples’ Rights, (the Protocol) which was adopted by Member States of the then Organization of African Unity (OAU) in Ouagadougou, Burkina Faso, in June 1998. The Protocol came into force on 25 January 2004.