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3(1)and (2)ot theCharter.TheApplicantssubmitthattheCourtof Appeal should
have applied not only the Charter but also Article 1O7A (2) (c) and (e) of the
Respondent State's Constitution to allow their application for review as the victim
was paid compensation by the real perpetrators under the aegis of the local
authority.
81.On its part, the Respondent State denies the allegation and contends that the
Applicants should be put to strict proof thereof. The Respondent State indicates
that its Constitution contains provisions similar to Article 3 (1 ) and (2) of the Charter
and the rights enshrined therein are therefore duly protected. The Respondent
State submits that the Applicants have not showed how their rights in the said
o
provisions were infringed upon to the extent that they have been so aggrieved as
to file the instant Application before the Court to seek remedy.
82.The Respondent State avers that, in the course of their trial and appeals, the
Applicants had a lawyer of their own choice and they never raised the issue of
discrimination during those proceedings, rather they raise the claim of unequal
treatment for the very first time before this Court. The Respondent State argues
that the Applicants therefore enjoyed the right to defend themselves and to file
theirfirst and second appeals and they were not subjected to any wrong procedure
in that regard. The Respondent State reiterates its position that the Applicants
could have had the chance to apply for review of their conviction, if only they sought
o
an extension of the time to file the application for review.
B3.The Respondent State further contends that Article 1O7A (2) (c) and (e) of its
Constitution require national courts to deliver justice in civil and criminal matters in
accordance with the laws, which its Courts have duly done. According to the
Respondent State, the Applicants have not shown how the Respondent State has
breached these provisions of the Constitution.
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