62. Further, the Application does not concern a case which has already been
settled by the Parties in accordance with the principles of the Charter of the
United Nations, the Constitutive Act of the African Union, the provisions of
the Charter, in compliance with Rule 50(2)(g).
63. The Court, therefore, finds that all the admissibility conditions have been
met and that this Application is admissible.
VII. MERITS
64. The Applicant alleges that the Respondent State violated his rights to a fair
trial, to life, to dignity, to equality before the law and to equal protection of
the law.
65. The Court considers, however, that although the Applicant alleges violations
of various rights under the Charter, at the core of his Application is the
alleged violation of the right to have his cause heard, protected under Article
7(1) of the Charter. The Court will, therefore, first, consider the alleged
violation of Article 7(1) of the Charter, before addressing the other human
rights that were allegedly violated.
A. Alleged violation of the right to have one’s cause heard
66. The Court observes, from the record, that the Applicant raises five (5)
grievances against the domestic courts whose actions or omissions he
claims violated his right to be heard as protected under Article 7(1) of the
Charter. These grievances are:
i.
That the trial court and the appellate court erred in law and in fact to
proceed with the defence case while there was no court order to close
the prosecution’s case.
ii.
That the High Court’s failure to comply with section 293(2) of the
Criminal Procedure Act, was the strong reason that the proceedings,
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