168. The Court notes that, in the instant case, the Applicant complains of the violation of his right to be represented by counsel in his absence as guaranteed by Articles 7(1)(c) of the Charter and 14(3)(d) of ICCPR21 . 169. It is apparent from the above text that to ensure the fairness of trial , every accused person or detainee may provide his own defence or be assisted by a counsel he himself designates or has accepted, where the latter has been appointed by the court, and this , at any stage of the proceedings. 170. The Court also notes that the national law, in this case, Article 428 of the Benin Code of Criminal Procedure recognises for individuals the same right to be represented when it provides that , "Whatever the penalty incurred , the accused may, by letter addressed to the President and attached to the record of the proceedings, apply to be tried in his absence. He can be represented by counsel andthe trial shall be deemed to be adversarial. .... However, where the court deems it necessary to have the accused appear in person, he shall again be summoned at the instance of the public prosecutor, for a hearing the date of which shall be set by the court ...» 171. The Court holds that the right to be represented by a lawyer, the purpose of which is to ensure the adversarial nature of the proceedings is practical and effective, such that its exercise allows the defendant the latitude to appear personally or to be represented . Any limitation to the exercise of this right must meet the exigency of necessity. 172. In the instant case, the Respondent State does not adduce reasons as to why it was deemed necessary that the Applicant should appear in person, to the point of depriving him of the right to be represented by counsel for his defence in proceedings that earned him a sentence of twenty years in prison . In this case, the Article 7(1)(c) of the Charter provides that: "Every individual shall have the right to have his cause heard. This comprises: (c) The right to defence, including the right to be defended by counsel of his choice " Article 14.3(d) of the ICCPR provides that: " In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing ; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require , an ithout payme t by him in any such case 2\ if~ not :::fficien~eans to I p ;,t" 3 jYt 0 '~