Objection on the ground that the Applicant failed to exhaust local remedies 31. The Respondent State argues that the: [a]pplicant never made an attempt to exhaust the available local remedies nor has he given the Respondent the opportunity to address his alleged grievances. The right to appeal is also provided under the Constitution of the United Republic of Tanzania together with various enabling statutory provisions. Therefore, it is indeed improper for the Applicant at this stage to raise matters which could have been sufficiently addresses within the national justice system of the Respondent State prior to the application before this Honourable Court. 32.On the basis of the above, the Respondent State argues that the Court should find the Application inadmissible. 33.The Applicant submits that there is no remedy within the judicial system Respondent State to address the violations that he is alleging. grounds to substantiate his assertion. Firstly, he argues that of the He raises three article 74(12) of the Respondent State’s Constitution which provides that “no court shall have power to inquire into anything functions in done accordance by the Electoral with the Commission provisions of this in the discharge Constitution” of its ousts jurisdiction of domestic courts in all cases involving acts or omissions the by the Electoral Commission. 34.Secondly, he contends that article 41(7) of the Respondent State’s Constitution which provides that “when a candidate is declared by the Electoral Commission to have been duly elected in accordance with this Article, then no court of law shall have any jurisdiction to inquire into the election of that candidate” recourse to judicial presidential elections. remedies for the purposes In the Applicant’s view, of challenging article 41(7) the prohibits results contradicts of article 13(6)(a) of the said Constitution and thus is unconstitutional. The Applicant further argues that the Respondent State’s Court of Appeal has already ruled that it does not have the power to declare any provision of the Constitution unconstitutional. 9

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