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.
43. The Respondent State raises objections to the admissibility of the
Applications on the basis of non-exhaustion of local remedies and failure to
file the Application within a reasonable time. The Court will therefore
consider the said objections before examining other conditions of
admissibility, if necessary.
A. Objection based on non-exhaustion of local remedies
44. The Respondent State contends that the Applicant had legal remedies
available to him within its jurisdiction, which he could have pursued prior to
filing his Application. It asserts that the Applicant failed to exhaust local
remedies by filing a constitutional petition for enforcement of his basic rights
under its Basic Rights and Duties Enforcement Act [Cap 3 REV 2002] while
the said remedy was available.
45. The Respondent State further submits that the Applicant raised new
allegations before this Court, which he had the opportunity to raise as
grounds of appeal before the Court of Appeal, notably, his contention
regarding the credibility of prosecution witnesses. Therefore, the
Respondent State asserts that it was premature to bring the Application
before this Court.
46. The Applicant on his part avers that Rule 50(2) of the Rules sets forth the
conditions of admissibility for submitting applications to the Court, including
the requirement that any given application should be filed “after exhausting
local remedies, if any, unless it is obvious that this procedure is unduly
prolonged”. The Applicant avers that he exhausted all ordinary local
12