83. The Court recalls that, as it has previously held, undue delay in proceedings is contrary to the spirit and letter of Article 7(1)(d) of the Charter and, when it is seized with an alleged violation of the right to be tried within a reasonable time, it takes into consideration the nature and circumstances of each case. 84. To that end, the Court takes into consideration, in particular, the complexity of the case or the proceedings relating thereto, and the conduct of the parties themselves in order to determine whether they contributed to the expeditious handling of the said proceedings. The Court also considers the conduct of the judicial authorities to determine whether they “have been passive or clearly negligent”13 as well as what was at stake for the Parties. 85. In the instant case, the Court notes that after the stay of the judgment dismissing AGEF’s appeal, the Minister of Justice, by letter dated 14 October 2010, instructed the Supreme Court Prosecutor General to refer the matter to the joint Chambers of the said Court for settlement. The Court also notes that the Prosecutor General never initiated the procedure for convening the joint Chambers until 21 June 2016 when, upon referral by the Applicants, the President of the Supreme Court quashed the Order staying execution of the judgment of 9 April 2009. 86. The Court considers that a period of five (5) years, eight (8) months and seven (7) days elapsed without the Prosecutor General initiating referral to the joint Chambers. This period amounts to undue delay for such a simple procedure insofar as Section 32 of the Supreme Court Act does not prescribe any requirement that would make the procedure complex thereby warranting such a lengthy period. 13 Hamisi Mashishanga v. United Republic of Tanzania, ACtHPR, Application No. 024/2017, Judgment of 1 December 2022 (merits and reparations), § 66; Mariam Kouma and Ousmane Diabaté v. Republic of Mali (jurisdiction and admissibility) (2018) 2 AfCLR 237, § 38; Alex Thomas v. United Republic of Tanzania (merits) (20 November 2015) 1 AfCLR 465, § 73; Zongo and Others v. Burkina Faso (merits), supra, § 92. 21

Select target paragraph3