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77. The Applicant insists that the Application was filed within a reasonable time after the
exhaustion of local remedies since the decision of the Ordinary Bench of the Supreme
Court was delivered on 14 June 2013 and the judgment of the Review Bench of the
Supreme Court was rendered on 29 July 2014, whilst the Application before this Court
was filed on 5 January 2017.
78. Furthermore, the Applicant contends that before seizing this Court he had to engage
with the Commission
of Inquiry into inordinate payments
satisfaction of judgment
debts.
made from public funds in
He avers that he appealed
against these findings
before the Court of Appeal in June 2016"®on the grounds that neither he nor his lawyer
were invited to appear before the Commission to be heard before the determination
of the matter.
79. The Applicant submits that he did not “sleep on his rights”. He avers that in considering
what constitutes reasonable time the Court must take cognisance of the fact that the
Charter does not define what constitutes reasonable time and submits that the abovementioned reasons are adequate justification for the delay in filing the matter before
this Court and
in the interest of justice and
fairness,
the Court should
admit and
consider the Application.
kkk
80.The
Court recalls its jurisprudence
tn the matter of Norbert Zongo
v. Burkina
Faso,
where it established the principle that “the reasonableness of a time limit of seizure
will depend on the particular circumstances of each case and should be determined
on a case-by-case basis’"”
'6 Alfred Woyome v Attorney General Case No. H1/42/2017 (Court of Appeal, page 11, Vol.
attachment AAW).
‘7 Norbert Zongo v. Burkina Faso (Merits), § 92.
VI
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