opportunity to be heard and that he was not given defence counsel are being
raised for the first time before this Court.
22. The Applicant argues that the Court has jurisdiction in accordance with
Article 3(1) of the Protocol and Rule 26(2) of the Rules, which give the Court
a mandate to decide on his Application. He asserts that the Respondent
State’s objection to the Court’s jurisdiction is a misjudgment or a
misinterpretation of both the Court’s authority and the principles enshrined
in the Charter. According to the Applicant, his Application relates to his
unfair conviction and sentence to thirty (30) years imprisonment as a result
of the illegality in Respondent State’s judicial hierarchy. Thus, his decision
to bring the matter to this Court is to challenge this illegality and the Court
would not be sitting as an appellate court if it adjudicates on his matter.
23. Regarding the Respondent State’s second objection that some of his
allegations are being raised for the first time before this Court, the Applicant
contends that such objection relates to the admissibility requirement of
exhaustion of local remedies and it is illogical for the Respondent State to
raise it to challenge the jurisdiction of the Court.
***
24. The Court recalls that by virtue of Article 3(1) of the Protocol, it has
jurisdiction to examine any application submitted to it provided that the rights
of which a violation is alleged are protected by the Charter or any other
human rights instrument ratified by the Respondent State.
25. Regarding the Respondent State’s assertion that the Court’s examination of
the evidentiary foundation of the Applicant’s conviction would constitute an
exercise of appellate jurisdiction, the Court reiterates its established position
that it does not exercise appellate jurisdiction with respect to the decisions
of domestic courts.6
6
Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14;
Kennedy Ivan v. United Republic of Tanzania (merits) (28 September 2017) 2 AfCLR 65, § 26; Nguza
7