African Charter, to which they are parties and embodied in their Constitutions,
Declaration of Human Rights (in the case of the Respondent, Chapter III of
its 1986 Constitution).
79.The Community Court of Justice is the mandated institution in the Community
legal order, charged with the responsibility to jealously protect and safeguard
these rights of the community citizens. This is why, when actions of
governments of Member States conflict with the provisions of the African
Charter and any other international human rights instruments they are parties
to, this Court will, when the issue is submitted before it, determine the issue
of breaches of the fundamental human rights of the citizen. Following the
exposition above, this Court holds that the objection of the Respondent that
by hearing this application, the Court will be interfering in a national political
matter is not sustainable and is hereby dismissed.
VIII. MERITS:
a. Alleged violation of right to fair trial:
80.It is the case of the Applicant that the impeachment process contravenes
Article 43 of the Constitution and the House standing rules. The Applicant
submits that “upon receipt of the Petition of Impeachment, the House of
Representatives promptly set up a Special Ad-Hoc Committee, forwarding
same to the said Ad-Hoc Committee in clear violation of Article 57.3 of the
House’s Rules which confers exclusive jurisdictional authority on the House
of Representatives’ Standing Committee on Judiciary to handle all matters
involving judicial officials.”
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