a constitutional petition under the Basic Rights and Duties Enforcement Act [Cap 3 RE 2002] while the proceedings were ongoing before the District Court. 55. The Respondent State further avers that the Applicant never raised this allegation before the trial court or as a ground of appeal before the High Court or the Court of Appeal and therefore lacks merit and should be duly dismissed. *** 56. Article 7(1)(c) of the Charter provides that every individual shall have “the right to defence, including the right to be defended by counsel of his choice”. 57. The Court observes that while Article 7(1)(c) of the Charter does not explicitly provide for the right to be notified of charges, the said right is expressly guaranteed in Article 14(3)(a) of the International Covenant on Civil and Political Rights (hereinafter referred to as “ICCPR”.17 58. This Court recalls that, as it held in the matter of Sébastien Germain Ajavon v. Republic of Benin, the right to be notified of charges is an important aspect of the right to defence protected under Article 7(1)(c) of the Charter.18 Particularly in criminal cases, the purpose of the accused being notified of the charges is to enable them to duly prepare their defence.19 59. The same purpose is inherent in the CPA Cap 20 RE 2002 of the Respondent State. Section 23(1) of the said Act provides that “a person who arrests another person shall, at the time of the arrest, inform that other person of the offence for which he is arrested”. 17 Ratified by the Respondent State on 11 June 1976. Ajavon v. Benin (judgment), supra, § 161. See also, Nguza Viking (Babu Seya) and Johnson Nguza (Papi Kocha) v. United Republic of Tanzania (merits) (23 March 2018) 2 AfCLR 287, §§ 76-82. 19 Ajavon v. Benin, ibid. 18 14

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