i.
That the Government of the United Republic of Tanzania did not violate
the rights of the Applicant provided under Article 2 of the African Charter
on Human and Peoples’ Rights;
ii.
That the Government of the United Republic of Tanzania did not violate
the rights of the Applicant provided under Article 3 of the African Charter
on Human and Peoples’ Rights;
iii. That the Government of the United Republic of Tanzania did not violate
the rights of the Applicant provided under Article 7(1) of the African
Charter on Human and Peoples’ Rights;
iv. That the conviction was lawful;
v.
That the Appeals before the High Court and Court of Appeal were proper
and lawful;
vi. That the Applicant continue to serve his sentence;
vii. That the Application be dismissed for lack of merit;
viii. That the Applicant’s prayers be duly dismissed; and
ix. That the costs of this Application be borne by the Applicant.
V.
JURISDICTION
13. The Court notes that Article 3 of the Protocol provides as follows:
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
instrument ratified by the States concerned.
2.
In the event of a dispute as to whether the Court has jurisdiction,
the Court shall decide.
14. The Court underscores the provision of Rule 49(1) of the Rules that, “[t]he
Court shall conduct preliminarily examination of its jurisdiction…in
accordance with the Charter, the Protocol and these Rules.”
15. On the basis of the above-cited provisions, the Court must conduct an
assessment of its jurisdiction and dispose of objections thereto, if any.
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