XI.
OPERATIVE PART
112. For these reasons:
THE COURT,
On jurisdiction
Unanimously,
i.
Dismisses the objection to material jurisdiction;
ii.
Declares that it has jurisdiction.
On admissibility
By a majority of Seven (7) for, and Three (3) against, Justice Ben KIOKO,
Justice Tujilane R. CHIZUMILA and Justice Dennis D. ADJEI dissenting,
iii. Dismisses the objections to the admissibility of the Application;
iv. Declares that the Application is admissible.
On merits
By a majority of Six (6) for, and One (1) against, Justice Chafika
BENSAOULA dissenting, and Justices Ben KIOKO, Tujilane R. CHIZUMILA
and Dennis D. ADJEI having dissented on admissibility,
v. Finds that the Respondent State did not violate the Applicant’s right
to be heard under Article 7(1) of the Charter with regard to
convicting the Applicant on the basis of his confession;
vi. Finds that the Respondent State did not violate the Applicant’s right
under Article 7(1) of the Charter by allegedly delaying in determining
the application for review of the Court of Appeal’s judgment;
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