6.3.19.
In paragraph 6 of document no. 4 deposed to by one Jude Arthur
Angel, a friend to the Applicants, deponent stated in clear terms that he had
on several occasions had extensive meetings with Applicants at their
detention center in Enugu. This statement contradicts the Applicants’
allegations that they were denied family visits.
6.3.20.
The Court notes that a document made under oath depicts the true
position of a matter. The Applicant failed to put forward any credible
evidence in proof thereof, the Court therefore holds that the Applicants’
claim in this regard has not been substantiated.
6.3.21.
On the issue of public threats to execute the Applicants, the Court
notes that this allegation has not been substantiated with any credible
evidence and therefore goes to no issue. The Court therefore cannot give
credence to unsubstantiated averments.
6.3.22.
On the applicants’ averments that the trial before the military
tribunal was unfair, and that they were denied the right of appeal, the Court
says that the African Charter is not silent on this issue. The Charter
provides at Chapter 7 that *(e)very individual shall have the right to have
his cause heard. This comprises: (a) 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; (d) The right to be tried
within a reasonable time by an impartial court or tribunal. For the
applicants to succeed in an application for a violation of their right to fair
trial, it is not sufficient to merely allege that they were trial by a special
tribunal. It must be shown that the trial was violative of international
standard. In the instant case, the applicants must show that the tribunal was
not impartial. This partiality may be discerned from the text establishing
the tribunal.
6.3.23.
The Tribunal before which the applicants were tried was established
pursuant to an Act known and styled as the Robbery and Firearms (Special
Provisions) Act Cap. 398 LFN 1990. This Act provides in Section 8 as
follows:
1. The Governor of each State shall constitute a Constitution tribunal or
tribunals for the trial of offenses under this Act committed within his State.
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