(b) Whether it was permissible to file the Application out of time. (c) Whether the Applicant should have exhausted local remedies before filing the Reference. (d) Whether the 1st Respondent is in breach of the Treaty by his failure to investigate the alleged breaches by the 2nd Respondent. (e) Whether the 2nd Respondent’s arrest and detention of Lieutenant Colonel Rugigana Ngabo was a violation of the Laws of the Republic of Rwanda. (f) Whether the 2nd Respondent breached the East African Treaty in Articles 6(d) and 7(2) when it detained Lieutenant Colonel Rugigana Ngabo unlawfully. (g) Whether the Applicant is entitled to the reliefs sought. (h) Who should bear the costs of the Reference? 17. Our opinion on the above issues is as follows: (A) WHETHER THE EAST AFRICAN COURT OF JUSTICE (EACJ) HAS JURISDICTION TO ENTERTAIN THE REFERENCE HEREIN 18. It cannot be denied that the Applicant is a person who is resident in a Partner State as defined by the Treaty. In her Reference, she stated that she is a Ugandan of Rwandan extraction and a natural elder sister of the Subject. She has REFERENCE NO.8 OF 2010 Page 12

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