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