0005 0,I 67. The Court finds that the manner in which the domestic courts determined the issue of the doctrine of recent possession does not disclose any manifest error or miscarriage of justice to the Applicant as regards his conviction for the offence of armed robbery and sentence of thlrty years' imprisonment. The Court therefore dismisses this allegation. B. Alleged violation of the right to equal treatment before the Iaw and equal protection of the law 68. The Applicant alleges that the Respondent's state's failure to apply section 300 (2) of the criminal Procedure Act of 2002 (cpA) to alter the offence he was charged with, that is, armed robbery, to a minor one, after their satisfaction that his conviction was under the evidence of possession of stolen properties, constituted a violation of his right to equal treatment before the law and equal protection of the law. 69. The Applicant maintains that the court of Appeal is governed by the Appellate Jurisdiction Act, the court of Appeal Rules of 2009 and since, these Rules refer to 'any other written law', the Court of Appeal is also governed by the CpA . 70. The Applicant contends that the failure of the court of Appeal to consider his application for review is a breach of his rights enshrined in the Constitution of the Respondent State and the Charter. 71. The Respondent state argues pursuant to Article 4 of the cpA, that Act does not apply in Court of Appeal proceedings and that that it is applicable in the trial and determination of offences under the Penal Code and all other offences except where the law provides otherwise. ln this regard the Respondent cited Article 4 of the cPA.13 The Respondent state further argues that the proceedings before 13 Article 4 of the Criminal procedure Act (CpA) of 2002 provides as follows "('1) All offences under the Penal Code shall be inquired into, tried and othenrrrise dealt with accordin g to the provisions of the Act (2) All offences under any other la shall be inquired into, tried and oth erwise dealt with according to the provisions of this Act except where other law provides differentl y for the regulation of the manner or place of investigation into; trial r d dealing in any other way with those offences 19 g "/-FhN.{