of them. The acquittal of some, among the accused persons, therefore, by
itself, cannot be said to be a violation of human rights.
108. In the circumstances, the Court finds that the procedure the domestic Courts
adopted in finding the first and second appellant guilty and reaffirming their
sentences while quashing the conviction and setting aside the sentences of
the third and fourth appellants did not violate Article 7(1) of the Charter.
109. The Court, therefore, dismisses the allegation that the domestic Courts
erroneously acquitted the Applicant’s co-appellants while affirming his
conviction and sentence.
iv. Alleged failure to permit representation by legal practitioner of choice
110. The Applicant contends that the Respondent State violated his right to legal
representation contrary to Article 7(1) of the Charter. Specifically, his
grievance is that he was not allowed to be represented by a legal practitioner
of his choice.
*
111. The Respondent State disputes the Applicant’s submission and contends
that the Applicant is raising this allegation as an afterthought as he did not
raise it before the Court of Appeal. It submits, therefore, that this allegation
should be dismissed.
***
112. According to Article 7(1)(c) of the Charter, the right to have one’s cause
heard includes “the right to defence, including the right to be defended by
counsel of [their] choice.”
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