63. Furthermore, the Application does not concern a case which has already
been settled by the Parties 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 legal instrument of the African Union in
accordance with Rule 50(2)(g) of the Rules.
64. The Court, therefore, finds that all the admissibility conditions have been
fulfilled and that the Application is admissible.
VII. MERITS
65. The Applicant alleges the violations of the Charter, insofar as:
i.
He was denied the right to be heard; and
ii.
He was denied the right to free legal assistance.
A. Allegation based on the denial of the right to be heard
66. The Applicant alleges that the Court of Appeal did not consider all the
grounds of his appeal. He buttresses his argument by quoting the judgment
of the Court of Appeal as follows:
Mr Ngole, for obvious reasons resisted the Appeal very strongly. First of all,
he pointed out that the first and third grounds were not raised in the first
Appellate Court and have been raised for the first time before us. We agree
with him that the grounds must have been an afterthought.
67. He further argues that the Court of Appeal’s refusal to hear the first and third
grounds of appeal were based on a “flimsy” reason which denied him the
right to be heard. According to the Applicant, the Court of Appeal should
have considered the defence of intoxication which he raised as the third
ground of appeal.
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