or a judge of a subordinate court of record is to be tried, the President of the
Senate shall preside”; and secondly, the trial was a jury trial where the
Senators were the triers of fact and the Chief Justice served as the trier of law,
meaning he was to ensure that everything happening in the House of Senate
followed the rules set down by the law.
121.
The task of this Court is to determine whether there was a substantiated
case of bias against the Chief Justice warranting his recusal from presiding
over the trial at the House of Senate in the interest of justice and principle of
fair trial of having an independent and impartial tribunal.
122.
The right to be tried by an impartial tribunal is one of the facets of right
to fair trial, the relevant part of Article 7 of the African Charter of which reads
as follows: (d) “The right to be tried within a reasonable time by an impartial
court or tribunal.” In the determination of the test of impartiality or otherwise
of a judge, authorities abound in various human rights jurisdictions and some
of the relevant ones to this instant case will be considered to help our
determination of this issue.
123.
This Court, when confronted with a similar subject matter in the case
of JUSTICE JOSEPH WOWO V. THE REPUBLIC OF GAMBIA (supra) held
inter alia:
“The right of an accused to be tried before an impartial tribunal, as
provided for both in the Universal Declaration of Human Rights and
African Charter on Human and People’s Rights is not only an integral
component of the right to fair trial but also an unqualified right.”
This Court in the same case further held:
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