0 00885 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 5 .4 @-

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