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June 2016, he challenged the findings of the Commission of Inquiry before the Court
of Appeal on the basis of the lack of his representative’s involvement in the process.
85. The Court notes that although local remedies were exhausted on 29 July 2014 at the
Supreme
Court,
the
Applicant
had
a
reasonable
expectation
that
the
criminal
proceedings filed against him and the proceedings of the Commission of Inquiry would
be concluded
in his favour.
86. The Count further notes that the time the Applicant spent awaiting the determination
of the criminal proceedings instituted against him as well as the case at the Court of
Appeal challenging the findings of the Commission of Inquiry is sufficient justification
for filing the Application two (2) years, five (5) months and seventeen (17) days after
local remedies were exhausted.
87. The Court finds that in the circumstances of this case, the Application has been filed
within a reasonable time as envisaged
under Article 56(6) of the Charter and Rule
40(6) of the Rules.
88. The Court therefore dismisses the objection on admissibility on the ground of failure
to file the Application within a reasonable time.
B. Conditions of admissibility not in contention between the Parties
89. The Court notes that there is no contention regarding compliance with the conditions
set out in Rule 40, Sub-rules1, 2, 3, 4 and 7 of the Rules on, the identity of Applicant,
the language
used
in the Application,
compliance
with the Constitutive Act of the
African Union, the nature of the evidence adduced and the previous settlement of the
case, respectively, and that nothing on the record indicates that these requirements
have not been complied with.
23