27. The Respondent State further alleges that by asking this Court to quash the
conviction, set aside the sentence and set him at liberty, the Applicant is seeking to
have the decision of the Court of Appeal of Tanzania overturned. According to the
Respondent State, by examining these allegations, this Court would usurp the
prerogative of the Court of Appeal, which duly concluded and finalised matters of
evidence.
28.ln his Reply, the Applicant contends that this Court is competent to deal with the
matter as provided by relevant provisions of the Charter, the Protocol and case law
of the Court.
29. At the public hearing, the Applicant reiterated the arguments made in his written
pleadings on all aspects of jurisdiction. In response to the Respondent State's oral
pleadings, the Applicant submitted that the Court is not being asked to act as an
appellate court but to adjudicate on the fairness of the judicial process in light of the
rights guaranteed in the Charter. In support of that submission, the Applicant referred
to previous judgments of the Court including in the cases of Alex Thomas,1 Frank
Omary,2 and Kijiji fsiaga 3 involving the Respondent State.
30. On its part, the Intervening State submits that "the Court has prima facie jurisdiction
to deal with the Application" given that the Respondent State ratified the Charter, and
the Protocol, deposited the required declaration and the Applicant alleges the
violation of rights protected by various instruments to which the Respondent State is
a party.
***
1 Application No. 005/2013. Judgment of 20111/15, Alex Thomas v. Uniled Republic of Tanzania (hereinafter
referred to as "Alex Thomas v. Tanzania').
2 Application No. 001/2012. Judgment of 03106/16, Frank David Omary and Olhers v. United Republic of
Tanzania.
3 Application No. 032/2015. Judgment of 21103/18, Kijiji Isiaga v. United Republic of Tanzania.
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