AFRIC AN UNION
UNION AFRIC AINE
UNIAO AFRIC ANA
AFRIC AN COURT ON HUMAN AND PEOPL ES' RIGHTS
COUR AFRIC AINE DES DROITS DE L'HOM ME ET DES PEUPL ES
TANGA NYIKA LAW SOCIE TY AND THE LEGAL AND HUMAN RIGHTS CENTR
E&
REV. CHRIS TOPHE R MTIKIL A V. THE UNITED REPUB LIC OF TANZA NIA
(APPLI CATIO NS NO 009/2011 AND 011/2011)
SEPAR ATE OPINION OFJUD GE GERAR D NIYUN GEKO
1. I agree with the decision of the Court in the matter of Tanganyika Law Society
and
the Legal and HumanRights Centre & Rev. Christopher Mtikila v. the United Republ
ic of
Tanzania as set out in paragraph 126 of its judgme nt of 14 June 2013. I howeve
r do not
share its views on the two following issues: the order of treatment of the
issues
regarding the Court's jurisdiction and the admissibility of the application on
the one
hand, and the Court's ground s and reasoning in deciding whethe r or not, it had
ratione
temporis jurisdiction on the other.
I. The order of treatm ent of issues relating to the jurisdi ction of the Court and
the
admiss ibility of the applica tion
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