46.From the aforesaid, the time within which the Application should have been
filed is to be computed from the date of the judgment of the Court of Appeal,
which is 24 February 2012. Since the Application was filed before this Court
on 23 November 2015, the period to be assessed
is three (3) years, eight
(8) months and twenty-nine (29) days.
47.The Court notes that, in the instant case, the Applicant is lay, indigent,
incarcerated
and
was
not
represented
by
a lawyer
before
the
national
courts. As a result of his situation, the Court granted the Applicant legal
assistance through its legal aid scheme.
48. In these circumstances, the Court holds that the Application was filed within
a
reasonable
time
and
therefore,
dismisses
the
Respondent
State's
objection.
B. Other conditions of admissibility
49. The Court notes that the parties do not dispute the fact that the Application
fulfils the conditions set out in Articles 56 sub-articles (1),(2),(3),(4) and (7)
of the Charter and Rule 40, sub-rules 1, 2, 3, 4 and 7 of the Rules, on the
identity of the Applicant, compatibility of the Application with the Constitutive
Act of the African Union, the language of the Application, the nature of the
evidence adduced and the previous settlement of the case, and that nothing
on the record
indicates that these
requirements
have
not been
complied
with.
50.As aconsequence of the foregoing, the Court finds that the Application fulfils
all the admissibility conditions set out under Article 56 of the Charter as
restated in Rule 40 of the Rules and accordingly declares it admissible.
Vil.
MERITS
51.The
Applicant
alleges
a number
of violations
of the
right to a fair trial,
namely: i) the right to legal assistance, ii) the right to defence,
14
iii) alleged