It is therefore without doubt that the Respondent, throughout his defense, never
rebutted the claim that by and the averments that the Applicants were soldiers in the
Nigerian Army, they failed also to rebut the loss of earning which is a condition to
the right to work, all these are covered by the provisions of Article 6 (1), 7(a) (i) &
(b) of the ICECR, Article 15 ACHPR and Article 23 of the UDHR.
The Court notes that the Applicants relied heavily on the above mentioned
provisions in order to establish their claim of a violation of right to work. They also
have relied on the following case of MOHAMED EL TAYYIB BAH V
REPUBLIC OF SIERRA LEONE (2013) in which the Applicant was dismissed
from the service of the Sierra Leone police force without being given the opportunity
to be heard. See also the case of Dr. Rose Mbatomon Ako v West African
Monetary Agency & 5 Ors. (2013) CCJ/JUD/02/13.
From the observation noted above it is clear to the Court that the Applicants right to
work has been breached by the consistent act of the Respondent and therefore
constitutes a breach of that right and the Court holds that the Applicants’ right to
work were violated.
C. Whether the Applicants right to fair hearing was violated
The Right to be heard before an independent, competent tribunal
The Right to be represented by Counsel of your choice
The Court notes that Article 7 of the ACHPR, Article 8, 10, UDHR guarantees right
to fair hearing. It provided thus:
Article 7 of the ACHPR:
1. Every individual shall have the right to have his cause heard. This
comprises:
1. 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;
2. The right to be presumed innocent until proved guilty by a
competent court or tribunal;
15