149. The Respondent on its part, maintains that it has not violated
the Applicant's right to liberty. The Respondent states that the right
to liberty is not absolute and can be curtailed under conditions laid
down by the law, which in the Respondent's case, the law in this
regard is the Criminal Procedure Act. The Respondent asserts that,
the Applicant was arrested, arraigned in Court, prosecuted and
convicted in accordance with the Criminal Procedure Act and the
Penal Code. The Respondent maintains that the Applicant cannot
therefore contend that his arrest and detention were arbitrary and
unlawful and that his allegations on the violations of Article 6 are
unfounded, baseless and without merit.
150. The Court's finding that there is an undue delay in the hearing
of the Applicant's appeal at the Court of Appeal does not necessarily
mean that there has been a violation of the right to liberty and
security of the person. This may be so where the Court finds that
there has been such a flagrant denial of justice that the resulting
imprisonment of an Applicant would be incompatible with the
provisions of Article 6 of the Charter. In the instant Application, the
Applicant was tried and convicted by a legally constituted Court,
which passed a sentence against the Applicant based on domestic
law, therefore his imprisonment was being carried out pursuant to
the court's order. This Court therefore finds that the undue delay in
the hearing of the Applicant's appeal did not result in a violation of
the right to liberty and security of his person.
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