Court in exercise of its interpretive jurisdiction under Article 27(1) of the
Treaty if proved by the Applicant and referred us to the decisions in the
Rugumba case (supra) and the Katabazi case (supra) in support of that
submission.
37. Counsel concluded by submitting that this Court has jurisdiction to
entertain only some parts of the Reference and not the whole of it contrary
to submissions on behalf of the Applicant.
Decision of the Court on Issue No( i )
38.We have examined at substantial length the submissions of all the
learned Counsel in respect of the issue now in question. It is plainly clear
from their submissions that they are generally in agreement that the
remedies sought under paragraphs (a), (b) and (e) of the instant Reference
may be granted by this Court in exercise of its interpretative jurisdiction
subject to the usual standard of proof by the Applicant.
39.In view of the foregoing, we have found it necessary, for ease of
reference, to reproduce the prayers in question. They are as follows:
“ (a) A declaration that the decision of keeping Professor Francois
Nyamoya in detention as mentioned above is an infringement of
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