f.
Find that the sentence meted out on the accused was in compliance with
the law;
g.
Find that the decision of the High Court was not based on some serious
misdirection on point of law;
h.
Find that the Court of Appeal is not prejudiced to make review of its own
judgment;
V.
i.
Order that no reparation be awarded in favour of the Applicant; and
j.
Order that costs or the Application be borne by the Applicant.
JURISDICTION
19. Pursuant to Article 3 of the Protocol:
1.
The jurisdiction of the Court shall extend to all cases and disputes
submitted to it concerning the interpretation and application of the
Charter, this Protocol and any other relevant human rights
instruments ratified by the States concerned.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
20. The Court further observes that pursuant to Rule 49(1) of the Rules, it “shall
conduct a preliminary examination of its jurisdiction […] in accordance with
the Charter, the Protocol and these Rules.”3
21. In the present Application, the Court observes that the Respondent State
raises preliminary objections to the Court’s material jurisdiction. The Court
will therefore consider these objections before examining other aspects of
jurisdiction, if necessary.
3
Rule 39(1) of the Rules of Court, 2 June 2010.
7