23. Based on the above-mentioned provisions, the Court must conduct a
preliminary assessment of its jurisdiction and dispose of objections thereto,
if any.
24. In the instant Application, the Court notes that the Respondent State raises
an objection to its material jurisdiction. The Court will thus consider the
objection (A) before examining the other aspects of its jurisdiction (B) if
necessary.
A. Objection to material jurisdiction
25. The Respondent State argues that the “Court is devoid of jurisdiction to
entertain the Application before it.” It submits that the Court “is not vested
with the jurisdiction to sit as an appellate court and adjudicate on matters
that have been decided by the highest court in a Respondent State.”
26. It is the Respondent State’s submission, therefore, that the Court is not
“vested with jurisdiction to adjudicate over this matter, particularly quashing
the death sentence and release the Applicant from prison.”
*
27. In her Reply, the Applicant, relying on the Court’s decision in Kijiji Isiaga v.
Tanzania, contends that the issues raised in the Application relate to
specific violations of human rights that are protected by the Charter and that,
therefore, the Court has material jurisdiction.
***
28. The Court recalls that by virtue of Article 3(1) of the Protocol it has
jurisdiction to examine any application submitted to it provided that the rights
8