005057
of the 1992 Constitution.'? It contends that the Application before this Court is hinged
on a wrong assumption that the Supreme Court’s jurisdiction is limited to determining
constitutional matters and that its exercise of its review power was undue usurpation
of the powers of the High Court.
98.In conclusion, the Respondent State contends that the Applicant had the opportunity
to be heard, to present and prosecute his case through legal counsel. It maintains that
even if the Applicant disagrees with the judgment of the Supreme Court, it is “ill” for
him to interpret it as a violation of his human rights, especially because the Supreme
Court in its review decision assumed jurisdiction provided under the Constitution to
deal with the Applicant’s outstanding issues.
He ¥e
99. The Court notes that Article 7 (1) (a) of the Charter provides, inter alia, that
“Every individual shall have the right to have his cause heard. This comprises:
a)
The
right
to an
appeal
to
competent
national
organs
against
acts
of violating
his
fundamental rights as recognized and guaranteed by conventions, laws regulations and
customs in force....”
100.
The Court notes that in the present case, the key issue is whether the Applicant's
right to be heard by a competent tribunal was violated as a result of the decision of
the Review Bench of the Supreme Court hearing the matter rather than referring it to
the High Court.
'S Article 181(5) provides that this article shall, with the necessary modifications by Parliament, apply to an
international business or economic transaction to which the Government is a party as it
"A.
a loan.
aye
We