62. The Court observes that Article 7(1)(c) of the Charter and the other above cited provisions are to the effect that every individual has the right to have his cause heard, including the right to defence. 63. As this Court held in Sébastien Germain Ajavon v. Republic of Benin,13 the right to defence as set out in Article 7(1)(c) of the Charter is a key component of the right to a fair trial and reflects the potential of a judicial process offering the parties the opportunity to express their claims and submit their evidence. 64. The Court notes that, as it emerges from the records, the Applicant was represented by different lawyers of his own choice in the domestic proceedings. As noted from the High Court’s judgment, all prosecution witnesses were cross examined by the Applicant’s counsel. 65. Furthermore, the records show that in the course of domestic proceedings, the Applicant was asked to adduce evidence in defence but he was recorded as electing to exercise his right to remain silent. 66. The Court finds, therefore, that the Applicant was granted the opportunity to challenge the prosecution’s evidence as presented by prosecution witnesses and to raise his defence in the course of domestic proceedings but he chose to exercise his right to remain silent. 67. The Court is holds therefore, that the Respondent State did not violate Article 7(1) of the Charter read together with Article 8 of the UDHR, Article 14(1) of the ICCPR and Part A, Article 2(e) of the Fair Trial Guidelines in respect of the right to challenge opposing evidence. 13 Sébastien Germain Ajavon v. Republic of Benin (merits) (29 March 2019) 3 AfCLR 130, § 149. 16

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