that the application is still pending to date. In view of these circumstances,
the Applicant submits that, the seven (7) months it took him to seize this
court constitute reasonable time and prays the Court to dismiss the
Respondent State’s objection.
***
52. Pursuant to Article 56(6) of the Charter, as restated in Rule 50(2)(f) of the
Rules, in order for an application to be admissible, it must be “submitted
within a reasonable time from the date local remedies were exhausted or
from the date set by the Court as being the commencement of the time limit
within which it shall be seized with the matter”.
53. In the present case, the Court notes that between the date that the Court of
Appeal dismissed the Applicant’s appeal on 23 February 2016 and when
the Applicant filed the Application on 1 September 2016, a period of six (6)
months and nine (9) days elapsed.
54. The Court further notes that Article 56(6) of the Charter, as restated in Rule
50(2)(f) of the Rules, does not set a fixed time limit within which it must be
seized. However, the Court has held that “the reasonableness of the time
limit for referral depends on the particular circumstances of each case and
must be determined on a case-by-case basis”.24
55. From the record, the Court notes that the Applicant claims that he is a lay
and indigent person, that he has been incarcerated since 2011 with only
limited access to information, including information about this Court.
Considering these circumstances, the Court finds that the Applicant’s filing
of his Application after six (6) months and nine (9) days, is within reasonable
limits.
24
Beneficiaries of late Norbert Zongo and Others v. Burkina Faso (merits) (28 March 2014) 1 AfCLR
219, § 92; Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, § 56;
Thomas v. Tanzania (merits), supra, § 73.
16