protection of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights”. 6.1.11. The initiating application of the applicants having fulfilled all of these conditions, this court cannot give credence to the defendant’s application that this Court refuses jurisdiction over this matter on the ground that the applicants did not annexed to the Initiating Application documentary evidence that were not pleaded. 6.1.12. Relative to the defendant’s averment that the arrest and incarceration of the applicants was the outcome of a valid judgment from a competent tribunal from which the applicants are yet to appeal to the proper judicial forum, this Court says that this is one of the most contentious issues presented by the applicants for resolution by this Court. The applicants alleged substantially that the trial before the Military Tribunal was unfair and that they were denied the right of appeal. Chapter 7 (1) of the African Charter provides as follows: 6.1.13. Every individual shall have the right to have his cause heard. This comprises: a. The right to an appeal to competent national organs against acts of violating his fundamental right as recognized and guaranteed by conventions, laws, regulations and customs in force; b. the right to be presumed innocent until proved guilty by a competent court or tribunal c. the right to defense, including the right to be defended by counsel of his choice d. the right to be tried within reasonable time by an impartial court or tribunal Certainly giving due consideration to the averments as are contained in the Initiating Application of the applicant in light of the above quoted provision of the African Charter, this Court says that it has the competence to enquire there into. 6.1.14. Relative to the defendant’s averment that the claims by the applicants do not fall within the ambit of fundamental human right since the Federal Constitution, while guaranteeing the right to life as is enshrine in Section 33 (1) of the Constitution of the Federal Republic, however Page | 11