13
Applicant in proper perspective. In fact, that Article totally encapsulates the
principles of fair hearing enumerated above. Juxtaposing those principles
with the facts of the case, the question that arises and as formulated by the
Applicant is “whether the failure of the Defendant to afford the Plaintiff’s
(Applicant’s) the opportunity to defend himself either personally or by legal
representation before dismissing him has not violated the Plaintiff’s
(Applicant’s) human right to fair hearing guaranteed by Article 7 of the African
Charter on Human and People’s Rights.”
In order to answer this question it is necessary to once again review the facts
of the case vis a vis the evidence produced by the Applicant in order to arrive
at a reasonable conclusion.
First, the Applicant was enlisted in the Defendant’s Police Force sometime in
1984 and subsequently promoted to an Acting Superintendent of Police.
During the course of his duty, he had what was termed a “frank discussion”
with the then Inspector General of Police, Mr. Walter Nicol who, on the basis
of that, accused him of insubordination. He was also accused of having a link
with the RUF, a rebel group then fighting the legitimate government of the
Defendant. Without being heard, he was dismissed from the Defendant’s
Police Force.
In a bid to exhaust local remedies available to him, the Applicant appealed to
the Police authorities for a reconsideration of the case. The Authorities found
that the dismissal was without a hearing and therefore a flagrant violation of
his human rights and termed the dismissal as lacking in legitimacy (see
Annexure A).
An analysis of Annexure A, which was made by the agents of the Defendants
is very instructive in this regard.
The report noted in part that Mr. Tayyib Bah (the Applicant) ………
expressed frankly certain issues of concern to the Police at that point in time
to late Mr. Walter Nicol (The Inspector General at the time) which