47. The Court further notes that the claims raised by the Applicant herein were
also raised in substance in the national courts, given that he had also
challenged the procedure leading to his conviction and sentence. The
Respondent State thus had ample opportunity to redress the alleged
violations. Consequently, the Applicant has exhausted all the available
domestic remedies and thus, the application complies with Rule 50(2)(e) of
the Rules.
48. Furthermore, 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 or of any legal instrument of the African Union in
accordance with Rule 50(2)(g) of the Rules.
49. The Court, therefore, finds that all the admissibility conditions have been
fulfilled and that the application is admissible.
VII. MERITS
50. The Applicant alleges violations of the Charter in relation to the following
issues, that:
i.
He was convicted on the basis of a defective charge sheet; and
ii.
His conviction was based on unreliable evidence.
A. Alleged violation based on a defective charge sheet
51. The Applicant alleges that he did not understand the nature of the offence
that he was charged with. He avers that he was charged with rape under
Section 130 and 131 of the Penal Code 2002 but that the charge sheet did
not specify the category of rape that he was charged with.
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