and did not, either, proceed to enrol the case before the criminal chamber of the
Court of Appeal as required by the Rules of Procedure. Besides, it is apparent from
the documents on file that , apart from the rumours in circulation, it is sequel to the
summons issued by CRIET on 26 September that the Applicant was seized of a
notification emanating from a judicial authority to re-open the case on which
judgment had been rendered on 4 November 2016.
139.
In view of the foregoing, the Court considers that, for having not been filed
according to the rules set by law, the Attorney General's appeal of 26 December
2016 has no effect on the Applicant. Consequently, CRIET was seized of a case
that cannot be characterized as "ongoing before" the Court of Appeal and cannot
be binding on the Applicant. As at the date of seizure of CRIET , the judgment that
the Respondent State said has been appealed, had already acquired the authority
of res judicata.
140.
The Court finds that even though CRIET has the material jurisdiction to hear
cases of drug trafficking, the case as concerned the Applicant, did not fall under
the jurisdiction of CRIET as of the date on which it was seized. It follows therefore
that CRIET had no jurisdiction to hear the case.
141.
From the foregoing, the Court finds that the Applicant's right to be tried by a
competent court guaranteed by Article 7(1)(a) of the Charter has been violated.
ii. Alleged violation of the right to defence
142.
The Applicant alleges that his right to a defence guaranteed by Article 7(1)(c)
of the Charter was violated by the Respondent State in several respects, namely:
the right to present evidence, receive notification of the charges, access the record
of the proceedings and to be represented by counsel.
I