jurisdiction of this Court. The Respondent State further argues that all the
allegations raised before the Court had been already raised as grounds for
appeal before its Court of Appeal. It is for these reasons that the
Respondent State asserts that the Court is not vested with jurisdiction to
adjudicate over the present matter.
*
24. The Applicant disputes the Respondent State’s claims and asserts that the
Court has jurisdiction to entertain this matter because violations of rights
protected by the Charter are alleged in the Application.
25. The Applicant further submits that although this Court is not an appellate
body with respect to decisions of national courts, this does not preclude it
from examining relevant proceedings in the national courts in order to
determine whether they are in accordance with the standards set out in the
Charter or in any other human rights instruments ratified by the State
concerned. The Applicant submits that this is within the jurisdiction of the
Court and, therefore, the Court may revise the judgment of the Respondent
State’s appellate court, evaluate the evidence, quash the conviction, set
aside the sentence and set him at liberty.
***
26. The Court emphasises that its material jurisdiction is predicated on the
Applicant’s allegation of violations of human rights protected by the Charter
or any other human rights instrument ratified by the Respondent State.6 In
the instant matter, the Applicant alleges violation of Articles 2, 3, and 7 of
the Charter.
27. The Court recalls its established jurisprudence that it is not an appellate
body with respect to decisions of national courts.7 However, “this does not
6
7
Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) AfCLR 190, § 14.
Ibid.
7