9.
The Respondent State’s time to file its Response was extended on 9 July
2020, 23 February 2021 and 28 July 2021. Furthermore, on 10 August 2022,
the Respondent State was reminded to file its Response within 30 days,
failing which, the Court would proceed to deliver a judgment in default in
accordance with Rule 63(1) of the Rules. The preceding notwithstanding,
the Respondent State has failed to file a Response.
10. Pleadings were closed on 19 April 2024 and the Parties were notified
thereof.
IV.
PRAYERS OF THE PARTIES
11. The Applicant prays the Court to:
i.
Quash his conviction and sentence;
ii.
Order his release from prison; and
iii. [Grant him] costs.
12. The Respondent State did not participate in the proceedings and, therefore,
did not make any prayers.
V.
THE DEFAULT OF THE RESPONDENT STATE
13. Rule 63(1) of the Rules stipulates that:
Whenever a party does not appear before the Court, or fails to defend
its case within the period prescribed by the Court, the Court may, on
the Application of the other party, or on its own motion, enter a decision
in default after it has satisfied itself that the defaulting party has been
duly served with the Application and all other documents pertinent to
the proceedings.
4