a) The right to an appeal to competent national organs against acts of violating his
fundamental rights 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 defence, including the right to be defended by counsel of his choice;
d )The right to be tried within a reasonable time by an impartial court or tribunal
”.
In AMOUZOU HENRI & ORS V. REPUBLIC OF COTE D’IVOIRE (2009) CCJELR pg. 297
para 57-58, the Court stressed that the right to fair hearing is guaranteed by
Articles 10 of the UDHR, Article 7 of the ACHPR, and Article 14 of the ICCPR (Cited
above). That the UDHR and the ACHPR are legal instruments that all ECOWAS
Member States, including the Defendant are signatories. At the community level,
their eminent importance has been underlined, notably by the affirmation from
member states which vowed to expressly respect them.
It is imperative to point out the provisions of Section 10 (4) of the Judges
Supplementary Code Act Cap 7:09 of The Gambia which provides:
“a judge must disqualify himself or herself from sitting in a case where there is
actual conflict of interest or where the circumstances are such that a
reasonable-fair minded and informed person would reasonably apprehend a
perceived conflict”
In ANNEXTURE “1”, the Plaintiff inter-alia expressed his fears observing the
occurrences especially the attitude and utterances of the Judge in the matter,
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