being the commencement of the time limit within which it shall
be seized with the matter; and
g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of the African Union, or
the provisions of the Charter.
36. The Respondent State raises an objection to the admissibility of the
Application, based on non-exhaustion of local remedies. The Court will,
therefore, consider this objection before examining other conditions for
admissibility, if necessary.
A. Objection based on non-exhaustion of local remedies
37. The Respondent State avers that the Applicant did not exhaust local
remedies because its judicial system provides for a mechanism to file a
review under Section 66 of the Court of Appeal Rules 2009, particularly in
cases alleging violation of rights such as Article 7(c) of the Charter. In view
of this, the Respondent State surmises that the Applicant did not exercise
his right to pursue available legal avenues.
*
38. In response to this objection, the Applicant asserts that his Application
meets the requirement of exhaustion of local remedies. He contends that
his case was determined in the Magistrates’ Court, the High Court and the
Court of Appeal. He avers that the domestic courts should have applied all
applicable laws in dealing with matters even where parties failed to refer to
them. He emphasises the domestic court’s role to apply all other relevant
rules and not only restrict itself to relying on rules cited by parties.
39. With regard to the Respondent State’s assertion that he did not exercise his
right to file a review of the Court of Appeal’s judgment, the Applicant submits
that he attempted to apply for a review out of time, which has yet to be
11