000314 ?ii
,
.
applied for review of their original cases though they lodged appeals
at
the Court Appeal which were dismissed
43.The Applicants assert that convicts serving rong term
."n,ir""a.*r,o
exhaust all local remedies in their original cases have no other available
domestic remedy and that the onry opportunity to address their
grievances is found under Article 45 of the constitution
Respondent state which refers to the prerogative
of
the
of mercy by
the
President of the Respondent State.
44.The Applicants also submit that it is useless forthem to utilise the
avenue
provided by the Basic Rights and Duties Enforcement Act,
since the
Respondent state's courts are
not independent, fair and just
in
adjudicating matters that involve the judicial system itself.
45.|n their Reply, the Applicants further submit that all of them except
the
second Applicant appeared to the court of Appear against their
convictions but their appeals were dismissed. They further contend that
there is no other judicial avenue, in the Respondent state, for pursuing
a
remedy after the Court of Appeal.
46. The court notes that the crux of the Respondent state,s objection
is that
the Applicants should have first filed a constitutional petition challenging,
among other things, the constitutionality of the prisons Act and the parole
Act.
47
.rhe court also notes that the gravamen of the Applicants, case revolves
around the manner in which Respondent state has impremented the
presidential prerogative of mercy. All the other violations alleged
by the
Applicants have, in one way or the other, been linked to the exercise of
the prerogative of mercy
15
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