63. Furthermore, the Application does not concern a case which has already been settled by the Parties in accordance with the principles of the Charter of the United Nations, the Constitutive Act of the African Union, the provisions of the Charter or of any legal instrument of the African Union in accordance with Rule 50(2)(g) of the Rules. 64. The Court, therefore, finds that all the admissibility conditions have been fulfilled and that the Application is admissible. VII. MERITS 65. The Applicant alleges the violations of the Charter, insofar as: i. He was denied the right to be heard; and ii. He was denied the right to free legal assistance. A. Allegation based on the denial of the right to be heard 66. The Applicant alleges that the Court of Appeal did not consider all the grounds of his appeal. He buttresses his argument by quoting the judgment of the Court of Appeal as follows: Mr Ngole, for obvious reasons resisted the Appeal very strongly. First of all, he pointed out that the first and third grounds were not raised in the first Appellate Court and have been raised for the first time before us. We agree with him that the grounds must have been an afterthought. 67. He further argues that the Court of Appeal’s refusal to hear the first and third grounds of appeal were based on a “flimsy” reason which denied him the right to be heard. According to the Applicant, the Court of Appeal should have considered the defence of intoxication which he raised as the third ground of appeal. 15

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