opposing side.” Article 7 of the Charter permits every person who feels that his/her rights have been violated to bring his/her case before a competent national court. In the realization of this right, the position or status of the victim or the alleged perpetrator of the violation are irrelevant and every complainant is entitled to an effective remedy before a competent and impartial judicial body. It is the duty of all State Parties to the Charter to ensure that their judicial organs are accessible to all and that every litigant is accorded ample opportunity to present his/her claim. 98. The Court notes that : [t]he protection afforded by Article 7 is not limited to the protection of the rights of arrested and detained persons but encompasses the right of every individual to access the relevant judicial bodies competent to have their causes heard and be granted adequate relief.*° 99. The Court recalls that among guaranteed adjudication the key elements of the right to a fair hearing, as under Article 7 of the Charter, of one’s grievances and the is the right of access to a court for right to appeal against any decision rendered in the process. As against this, the Court notes that article 41(7) of the Respondent State’s Constitution has ousted the jurisdiction of courts to consider any complaint in relation to the election of a presidential candidate after the Electoral Commission has declared a winner. This entails that irrespective of the nature of the grievance or the merits thereof, as long as the same pertains to the declaration by the Electoral Commission of the winner of a presidential election, no remedy by way of a judicial challenge exists to any aggrieved person within the Respondent State. 100. The Court acknowledges that, in appropriate conditions, rights contained in the Charter may 23 Dino Noca be limited. However, v. Democratic Republic of Congo as the Court has previously Communication No. 286/2004 stated [2018] ACHPR October 2012) §186-187. 30 Zimbabwe Human Rights NGO Forum v. Zimbabwe (2006) AHRLR 128 (ACHPR 2006) § 213. 31 Tanganyika Law Society and others v! Tanzania (merits) 27 § 106. * 10; (22