00013 ?
"Pursuant to the provisions of a(icle 56 of the charter to which
article 6(2) of the
Protocol refers, applications to the court shall comply with the following conditions:
1.
disclose the identity of the Applicant notwithstanding the latter's request for
anonymity;
2. comply with the Constitutive Act of the Union and the Charter
3. not contain any disparaging or insulting language;
4. not be based excrusivery on news disseminated through the mass media;
5. be filed after exhausting locar remedies, if any, unless it is obvious that this
;
procedure is unduly prolonged;
6'
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be filed within a reasonable time from the date local remedies were exhausted
or
from the date set by the court as being the commencement of the
time limit
within which it shall be seized with the matter; and
not raise any mater or issues previously setfled by the parties in accordance
with
principles
the
of the charter of the United Nations, the constitutive Act of the
African Union, the provisions of the charter or of any regar instrument of
the
African Union.'
A.
41'
conditions of admissibility that are in contention between the parties
The Respondent State has raised two objections to the admissibility of the
Application relating to the requirements of exhaustion of local remedies and the
filing
of the Application within a reasonable time after the exhaustion of local
remedies.
i.
objection retating to non-exhaustion of locar remedies
42'
The Respondent State contends that rather than filing this Application before
this court, the Applicant had two options that he could have used to get redress
for
his grievances at domestic level. According to the Respondent state, the Applicant
could have either sought a review of the court of Appeal,s judgment on his
appeal,
or he could have filed a constitutional petition pursuant to the Basic Rights and
Duties Enforcement Act [cap. 3 RE 2002], relating to the alteged violations
of his
rights
11
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