frenzy in the Respondent State surrounding the tender process for the
construction of the stadia for the CAN 2008. Thus, the Court finds that the
supporting document adduced
herein is neither “new’ nor “evidence” as
contemplated by Article 28(3) of the Protocol and Rule 67(1) of the Rules.
42.
The Court further notes that, the supporting document submitted by the
Applicant has no correlation with its initial Judgment which is the subject of
this review. In other words, it is not related to his claims that the truncation
of proceedings and assumption of jurisdiction by the Respondent State’s
Supreme Court and the conduct of the Review Bench of the Supreme Court
resulted in violations of his rights under Articles 2 and 3 of the Charter.
43.
In light of the foregoing,
adduced
does
the Court
not constitute
new
finds that the
evidence
which
supporting
was
document
not within
the
knowledge of the Applicant at the time the initial Judgment was delivered,
as contemplated
by Article 28(3) of the Protocol and Rule 67(1) of the
Rules.
44.
Therefore, the Court, dismisses the Application for Review and declares it
inadmissible.
45.
As regards the request for Provisional
Measures,
the Court holds that,
having found the Application for Review inadmissible, the request for those
measures becomes moot.
IX.
CcOsTS
46.
The Parties did not make any submissions on costs.
47.
In terms of Rule 30 of the Rules “unless otherwise decided by the Court,
each party shall bear its own costs.”
12