the relief both for the motion and the main application
allegation
of violation
of human
fights that
which has an
is continuing
question of negligence cannot apply under limitation
and the
of action under
Article 9(3) of the Protocol as amended.
44.
This Court takes the justifiable
pendency of an adjournment
stance that the amendment
during the
for judgment in a case would be in order
and since the parties in this ease have been heard in the matter with all
the essentials
of the rules on fair hearing in Article 7 of the African
Charter on Human and Peoples Rights duly observed, the issues and
'.
submissions should be determined
in the main judgment
herewith. The
observations in the case of Azazi v, Adhekegba, supra, are not on all fours
with the present situation in this case. So also the further reliance on the
doctrine of laches as observed in the case of Chukwu v. Amadi, supra.
We find that principle inapplicable
and that no unreasonable
delay or
negligence as submitted by Counsel to the defendant.
45.
Having shown that the motion filed and argued by the Applicant was in
order and that the Court met the requirements
of Article 7 of the African
Charter on Human and Peoples' Rights in that the parties were given fair
hearing
and the defendant
had opportunity
to join issues with the
plaintiff, the next point is the question of the annexures attached to the
said motion which are material to the ease.
46.
As earlier stated herein that Article 15 of the Protocol permits such
admission of documentary
evidence, the fact that same were annexed to
an affid;wil
;lIlne4l~\.'\.cre....se(;()ndi.l.p
consideruuo».
and that the
It is well stated
evidence are admitted
without
~vid(~lll:t'-reqni:T'e
position of law that where secondary
objection or with the consent
of the
parties or have been used by the adverse party, or relevant in material
particular, the Court would rightly rely upon them for its decision. Some
16