that the Applicant has failed to demonstrate that the manner in which the
Court of Appeal evaluated the evidence revealed manifest errors requiring
this Court’s intervention.
52. In light of the foregoing, the Court dismisses this allegation and finds that
the Respondent State has not violated Article 7(1) of the Charter.
IX.
REPARATIONS
53. The Applicant prays the Court to:
i.
Set aside the decision of the Court of Appeal and order his release;
ii.
Order payment of reparations for the time spent in prison; and
iii. Order any other relief that the Court deems fit.
***
54. Article 27(1) of the Protocol provides that “If the Court finds that there has
been violation of a human or peoples’ rights it shall make appropriate orders
to remedy the violation, including the payment of fair compensation or
reparation.”
55. As it has consistently held, the Court observes that, for reparations to be
granted, the Respondent State should first be internationally responsible for
the wrongful act. Second, causation should be established between the
wrongful act and the alleged prejudice. Third, where it is granted, reparation
should cover the prejudice suffered. Lastly, the Applicant bears the onus to
justify the claims made.18
18
See Armand Guehi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2
AfCLR 477, § 157. See also, Norbert Zongo and Others v. Burkina Faso (reparations) (5 June 2015) 1
AfCLR 258, §§ 20-31; Lohé Issa Konaté v. Burkina Faso (reparations) (3 June 2016) 1 AfCLR 346, §§
52-59; and Reverend Christopher R. Mtikila v. United Republic of Tanzania (reparations) (13 June 2014)
1 AfCLR 72, §§ 27-29.
13