reiterated the principle that parties must be given an opportunity to be heard in
any matter affecting their interest in the following words:
“the right to fair hearing is a human right derived from the concept of fair
hearing, in this regard, a fair trial is not only seen as an additional
instrument for protection of the rights of defence largo sensu…..”
See MOHAMMED TAYYIB BAH V. REP OF SIERRA LEONE JUD NO:
ECW/CCJ/JUD/11/15, (Unreported) in its consideration relied on the case of
Ugokwe v. Okeke (2008), CCJELR pg. 149@ 146.
The Court also stressed that the minimum standards required of all institutions
exercising powers that may affect the legitimate interest of the parties or one or
more of them is to act fairly.
54. Article 7(a) above is very instructive as it gives a right of appeal in event of an
act amounting to violation of an applicant’s rights. The Applicants in their
originating application admitted that they were served with a notice by the Chief
Justice to answer within a stipulated time to a petition submitted against them
alleging judicial misconduct. The 2nd Applicant responded and was given an
opportunity to cross examine the petitioner and upon review was informed that he
had a case to answer. The 1st and 3rd Applicants however failed to respond instead
filed an action at the High Court contesting the legality of the investigation. This
clearly is the situation contemplated by Article 7(a). A recourse to a competent
national organ, (in this case the High Court of Ghana) is the guaranteed rights
therein which the Applicants exercised. Having failed to respond to the preliminary
process of the investigation, and having opted rightfully to lodge an appeal before
a competent Court in accordance with Article 7 (a), the Applicants is estopped from
raising the flag of violation of fair hearing.
55. Furthermore, records submitted by parties before this Court show that about
six (6) cases were filed by the Applicants against the Respondent at different times
before various national constituted courts. It is not in dispute that the Applicants
were given opportunity to be heard in all these cases, to be defended by counsels
of their choice; neither is there any evidence canvassed regarding delay in the trial.
Indeed all the cases filed by the Applicants were heard and judgments rendered
accordingly albeit against the Applicants. Failure to secure a favorable judgment is
not tantamount to a denial of the right to fair hearing.
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