c.
Are not written in disparaging or insulting language directed
against the State concerned and its institutions or the African
Union;
d.
Are not based exclusively on news disseminated through the
mass media;
e.
Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged;
f.
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date set by the Court as
being the commencement of the time limit within which it shall be
seized with the matter; and
g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of African Union or the
provisions of the Charter.
38. The Respondent State raises an objection to the admissibility of the
Application based on the non-exhaustion of local remedies. The Court will
consider this objection before examining other conditions of admissibility, if
necessary.
A. Objection based on non-exhaustion of local remedies
39. The Respondent State argues that the Applicant has not exhausted the
remedies available within its legal system. It claims that if the Applicant was
aggrieved with the conduct of the assessors on how they put questions to
him and in relation to the allegations of cross-examination, he ought to have
raised it in his appeal before the Court of Appeal. The Respondent State
submits that when the Applicant filed his criminal appeal, he did not include
that allegation among the grounds for appeal. The Respondent State
contends, therefore, that the Applicant cannot raise this ground for
determination by this Court as it is not an Appellate Court. The Respondent
State submits that the Applicant cannot blame the Court of Appeal for
pronouncing judgment on the defective proceedings of the High Court while
he himself did not ask the Court of Appeal to consider such an allegation.
10