35.
Though it is not clear from the record when
requested
for pro bono
legal counsel,
on 3 September
Applicant wrote a further letter reminding
request for pro bono
legal counsel
the Applicant first
and
2010,
the
the Chief Justice of his
requesting
hearing
of his
Application for Review.
36.
On
10 January 2011
and 20 September 2011, the Applicant
wrote to the Chief Justice reminding
Application for Review heard. On
him of his request to have his
12 July 2013,
he further wrote to
the Registrar of the Court of Appeal requesting that his Application
for Review
session.
be included
The
Applicant
and
heard
alleges
at the
that,
next Court of Appeal
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
citation
of
jurisdiction and admissibility.
Preliminary objections on jurisdiction
38.
The
Respondent
contends
that
the
Applicant’s
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,