but rather a request to this Court to grant him legal aid in accordance with Rule
31 of the Rules.
35.Accordingly, the Court finds that the Applicant exhausted local remedies as
envisaged under Rule 40(5) of the Rules. The Court, therefore, dismisses this
preliminary objection to the admissibility of the Application.
B. Conditions of admissibility that are not in contention between the
Parties
36.The conditions regarding the identity of the Applicant, the Application's
compatibility with the Constitutive Act of the African Union, the language used
in the Application, the nature of the evidence, the filing of the Application within
a reasonable time and the principle that an Application must not raise any
matter already determined in accordance with the principles of the Charter of
the United Nations, the Constitutive Act of the African Union, the provisions of
the Charter or of any other legal instruments of the African Union (sub-Rules
1
,
2, 3, 4,6 and 7 of Rule 40 of the Rules) are not in contention between the
Parties.
37.For its part, the Court notes that nothing on the record suggests that these
conditions have not been met in the instant case. The Court therefore holds
that the requirements are fulfilled.
38.1n light of the foregoing, the Court finds that the instant Application fulfills all
admissibility conditions set out
in Rule 40 of the Rules, and accordingly,
declares the same admissible.
VII.
THE MERITS
A. Alleged violation of the right to equal protection of the law
gg. The Applicant states that the judgment of the Court of Appeal was obtained "by
overlooking the court records and prejudiced [his] defence." The Applicant
9
r