35.
Though it is not clear from the record when the Applicant first
requested for pro bono legal counsel, on 3 September 2010, the
Applicant wrote a further letter reminding the Chief Justice of his
request for pro bono legal counsel and requesting hearing of his
Application for Review.
36.
On 10 January 2011 and 20 September 2011, the Applicant
wrote to the Chief Justice reminding him of his request to have hi
Application for Review heard. On 12 July 2013, he further wrote to
the Registrar of the Court of Appeal requesting that his Application
for Review be included and heard at the next Court of Appeal
session. The Applicant alleges that, at the time of filing this
Application at the African Court on 2 August 2013, he has received
"no substantive response as to the status of his review".
The Preliminary Objections
37.
The Respondent raises preliminary objections on issues of
jurisdiction and admissibility.
Preliminary objections on jurisdiction
38.
The Respondent contends that the Applicant's citation of
Articles 5 and 34(6) of the Protocol and Rule 33 of the Rules of Court
to invoke the jurisdiction of the Court is not proper as these articles
only provide him standing before the Court. The Respondent argues
that, therefore, the jurisdiction of the Court has not been invoked.
39.
The Respondent contends further that, the Application does
not refer to, or ask for, the interpretation or application of the Charter,
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