SCHEDULING CONFERENCE 14. Pursuant to Rule 53 of the Rules of this Court, a Scheduling Conference was held on 25th January 2013 at which the following were framed as points of agreement and disagreement respectively: Points of Agreement Both parties agreed that the Reference raises triable issues based on the provisions of Articles 6, 27, 29, 30 and 71(1) (d) of the Treaty meriting adjudication and pronouncement by this Court. Points of disagreement/Issues for determination by the Court The parties framed the following issues for adjudication by the Court: a) Whether the Court is vested with the jurisdiction to entertain this Reference; b) Whether the Applicant’s detention is an infringement of Article 6(d) of the Treaty by the 1st Respondent; c) Whether the 2nd Respondent has failed to fulfil his obligations under Articles 29 and 71(1)(d) of the Treaty; d) Whether the Applicant is entitled to the Declaratory Orders he seeks. 15. In his written submissions, Counsel for the 2nd Respondent REFERENCE NO.3 OF 2012 Page 6