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organization and even the judicial institutions of the signatory state are subjected
to scrutiny as regards requirements of the Community.”
The minimum standards required of all institutions exercising powers that may affect
the legitimate interest of the parties or one or more of them is to act fairly. The Court
holds that the Defendant and her agents have acted unfairly in not granting the
Applicant a hearing before dismissing him from her Police Force.
The Court holds that the Defendant being a state party to the African Charter on
Human and People’s Rights, is obliged to guarantee the actual implementation of the
stipulated rights under the Charter, more particularly the right of the Applicant to have
his cause heard and to prevent all acts and practices which are minimal to those
obligations. There are sufficient material evidence lending credence to the accusations
levelled by the Applicant against the Defendants. Annexures A, B, C & D are sufficient
material evidence to establish the breach of the Applicants right to fair hearing and the
Court so hold.
The acts committed by the agents of the Defendant in denying the Applicant the right
to a hearing before his dismissal are imputable to the Defendants under the general
principles of State responsibility.
In fact as this Court stated in the case of Garba V. Republic of Benin, “to enable the
Court find that violations have occurred… the Applicant was expected to file sufficiently
convincing evidence and not equivocal evidence.”
The Court holds that evidence adduced by the Applicant (as contained in Annexures
A, B, C and D) is sufficient, compelling and convincing to suggest the truth of the
alleged violations of the Applicant’s right to fair hearing by the Defendant. This is more
so in view of the fact that the Defendant did not take any steps in controverting the
cupious allegations of the Applicant against her.
In view of these points, the Court holds that the Applicant has in this proceeding and
at any rate, established his claims and there are sufficient grounds for granting the
reliefs sought by the Applicant.