0008
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conviction but quashed the District court's sentence and enhanced it to a term of
thirty (30) years imprisonment and twelve (12) strokes of the cane. Dissatisfied
with that decision they further appealed to the Court of Appeal which, on 9 April
2003, dismissed their appeal.
B. Alleged violations
The Applicant submits that the Respondent State has violated Article 2 of the
E
Charter in that it has unlawfully imprisoned him for a non-existing offence hence
curtailing his freedom of movement, association and of access to other amenities
of life. The Applicant further submits that the Respondent State's conduct is in
contravention of Articles 1 and 7(2) of the Charter and Article 13(6) (c) of the
Respondent State's Constitution.
6
The Applicant contends that the enhancement of his sentence from twenty (20)
years to thirty (30) years imprisonment by the High Court was an excessive order
which violates his right to equality before the law as provided under Article 3 of
the Charter.
7
The Applicant alleges that the Respondent State has also violated Articles 4 and
5 of the Charter through the High Court judgment which ordered him to be caned
twelve (12) strokes. The Applicant submits that the imposition of caning violates
the right to respect, dignity and integrity of a person as protected under the
Charter.
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The Applicant also alleges that the Respondent State has violated the Charter by
not according him "the right to legal representation."
III.
o
SUMMARY OF THE PROCEDURE BEFORE THE COURT
The Application was filed on 16 September 2015 and was served on the
Respondent State on 15 October 2015. The Respondent State was requested to
file its Response within sixty (60) days of receipt of the Application.
3
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