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iii) That the cost of this Application be borne by the Appticants;
iv) That the sentence of 30 years imposed by the Respondent state neither
contravened the Charter nor its Constitution and thus was lawful;
v)
That the Respondent state has not violated any of the rights alleged by the
Applicants."
V.
JURISDICTION
13. Pursuant to
Article 3 of the Protocol
"(1) the jurisdiction of the Court shall extend to all cases and disputes submitted to it
concerning the interpretation and application of the charter, this protocol and any
other relevant human rights instruments ratified by the states concerned.
(2) ln the event of a dispute as to whether the Court has jurisdiction, the Court shall
decide".
14.1n accordance with Rule 39(1) of the Rules, "the Court shall conduct preliminary
examination of its jurisdiction ....."
15.
The Respondent State has raised objections to the material jurisdiction of the Court
A. Objections to materia! jurisdiction
16. The Respondent State avers that the Applicants raise two allegations before this
Court for the first time asking it to adjudicate on them as a court of first instance,
namely, the ones relating to the constitutionality of the sentence, and the right to be
represented by Counsel.
17.The Applicants assert that the Court is empowered by Article 3(1) of the protocol to
interpret and apply the Charter. Further, the Applicants argue that their Application
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