77.
The
hearing
position
of the Applicant
as
stated
during
the
public
is that “there is no allegation that the Applicant makes pursuant to
having Counsel assigned to him that the Applicant did not himself make, albeit
without the sophistication that comes with having Counsel.” In other words,
the Applicant’s rejoinder merely refined the Applicant’s application
which
followed
from
his
being
represented
by
Counsel.
The
Applicant stated that ‘ ... in total, the fourteen pages that the Applicant, on
his own, without the benefit of Counsel filed, contains all the allegations and all
the complaints that he has made that are merely reiterated in the Rejoinder.
In
fact, apart from perhaps a change of language, the only thing the Rejoinder
articulates that was
not there in the earlier fourteen pages,
are the specific
Articles of the African Charter alleged to have been violated’.
78.
The Court notes that the Applicant’s Reply to the Respondent's
Response largely restated the Applicant’s position as enunciated in
the Application. Counsel for the Applicant merely links the alleged
violations with the relevant articles of the Charter. The Application
alluded to alleged violations
of the right to fair trial as set out in Article
7 of the Charter and Counsel merely expressly stated the same
the
Reply.
The
Reply
to
the
Respondent’s
Response
in
alleges
violations of Articles 1, 3, 5, 6, 7(1) and 9(1) of the Charter. The Court
finds that the Applicant’s Reply to the Respondent's Response linked
more precisely with the Charter, the rights that the Applicant alleged
were violated, and that it did not introduce new issues.