61. The Court also holds that the Application does not raise any matter or issues
previously settled by the Respondent State in accordance with the principles
of the Charter of the United Nations or the Constitutive Act of the AU as
required under Rule 50(2)(g) of the Rules.
62. Therefore, the Court finds that the Application fulfils all the requirements set
out under Article 56 of the Charter as restated in Rule 50(2) of the Rules
and accordingly declares the Application admissible.
VII. MERITS
63. The Applicant alleges the violation of his fair trial rights namely (A) the right
to be heard, (B) the right to be tried within a reasonable time and (C) the
right to defence.
A. Alleged violation of the right to be heard
64. The Applicant makes two (2) claims regarding the right to have his cause
heard, namely, that (i) the High Court wrongfully admitted into evidence the
Applicant’s self-incriminating statement, which he retracted and (ii) the
Court of Appeal erred in law and fact by failing to consider his defence that
the extrajudicial statement was made under duress.
65. The Respondent State disputes both claims, and asks the Court to subject
them to strict proof. With regard to the first claim, the Respondent State
argues that, following the Applicant’s counsel’s objection to the admission
of the self-incriminating statement as evidence, the High Court conducted a
trial within a trial and determined that the Applicant made the statement
voluntarily. Following this finding, the High Court admitted the statement into
evidence. This finding was affirmed by the Court of Appeal.
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