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Furthermore, the accused must be entitled to a hearing. In doing this, the
adjudicator must determine whether the person charged has a proper
opportunity to consider, challenge or contradict any evidence and whether he
is also fully aware of the nature of the allegations against him or her so as to
have a proper opportunity to present his or her own case. This principle has
succinctly been summarized in the following words.
The best way of producing a fair trial is to ensure that a party to it has the
fullest information of both allegations that are made against him and the
evidence relied upon in support of those allegations. Where the evidence is
documentary, he should have access to those documents. Where the
evidence consists of oral testimony then he should be entitled to cross
examine the witnesses who give that testimony, whose identity should be
disclosed. (see Secretary of State of the Home department V. AF (201) 2
AC. 269) per Philips LJ).
The requirement of impartiality and independence of the authority conducting
the hearing is also important.
As it is usually said, the doctrine of impartiality denotes that justice should not
only be done, but should manifestly and undoubtedly be seen to be done.
Accordingly the adjudicatory authority should not have a pecuniary and
personal interest in the conduct and outcome of the proceedings. This is
because in such a case he cannot be expected to exhibit the highest point of
impartially. Justice must be rooted in confidence, and confidence is destroyed
when right thinking members of society go about thinking that the Judge was
biased. The test as to whether the adjudicatory authority is partial is not the
existence of actual bias but the likelihood of it. The appearance of evil should
be treated as evil itself.
This brief jurisprudential excursion unto the judgments of fair hearing is
undertaken for the purposes of positing Article 7 of the African Charter on
Human and People’s Rights the fundamental basis of the claim of the