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90. The Court therefore finds that all the admissibility conditions have been met and that
this Application is admissible.
Vil.
MERITS
91.It emerges from the file that the Applicant alleges his rights guaranteed under Articles
2, 3 and 7 of the Charter were violated. In as much as the allegations of violations of
Articles 2 and 3 are related to the allegation of the violation of Article 7, the Court will
begin its assessment of the latter.
A. Alleged violation of Article 7 of the Charter
92. The Applicant makes two allegations which fall under Article 7 of the Charter:
namely,
the alleged violation of the right to be heard by a competent tribunal and the alleged
violation of the right to be tried by an impartial tribunal.
i.
The right to be heard by a competent tribunal
93. The Applicant alleges that if the Review Bench of the Supreme Court had allowed the
case to continue in the High Court as ordered by the Ordinary Bench of the Supreme
Court,
the facts of the case would
have
been
determined
on the merits
and
the
Applicant’s role and claims would have been established. Instead the Review Bench
of the Supreme Court assumed jurisdiction thus denying the Applicant the right to be
tried by the competent
tribunal.
Furthermore,
the Applicant
submits that the said
claims filed against him before the Review Bench of the Supreme Court did not involve
matters for constitutional interpretation, and thus, did not fall within the jurisdiction of
that Bench of the Court.