United Nations, or the Constitutive Act of African Union or the
provisions of the Charter.
41. The Respondent State raises objections to the admissibility of the
Application on the ground of non-exhaustion of local remedies and on the
basis that the Application was not filed within a reasonable time. The Court
will consider these objections individually before examining other conditions
of admissibility, if necessary.
A. Objection based on non-exhaustion of local remedies
42. The Respondent State submits that the Applicants have not fulfilled the
condition of Rule 40(5) of the Rules11 on exhaustion of local remedies. It is
the Respondent State’s averment that by not applying for legal aid during
their trial or appeals before the High Court and before the Court of appeal,
the Applicants failed to exhaust local remedies in respect of the alleged
violation of their right to defence as a result of its alleged failure to provide
them with legal aid.
43. The Respondent State further avers that the First Applicant failed to exhaust
local remedies by not filing an application for review under Rule 66(1)(b) of
the Court of Appeal Rules, 2009. The Respondent State submits that while
the Second Applicant filed an application for review before the Court of
Appeal, he did not raise the issue of legal aid but rather focused on issues
of evidence and the sentence imposed. It is the Respondent State’s
contention that the issue of legal aid is therefore being raised for the first
time before this Court while it could have been addressed within the national
judicial system.
44. The Applicants on their part aver that the Application has fulfilled the
condition of Rule 40(5) of the Rules.12 The Applicants submit that local
remedies were fully exhausted when the Court of Appeal, being the highest
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12
Rule 50(2)(e) of the Rules of 25 September 2020.
Rule 50(2)(e) of the Rules of 25 September 2020.
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