(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