political considerations, was not of itself sufficient to raise an issue under
Article 7 of the African Charter. What is important is whether the Applicant’s
guilt or innocence was determined by a competent tribunal or court of law in
accordance with the evidence properly obtained and presented and that the
process leading to the Applicant’s indictment was neither arbitrary, capricious
nor political to such an extent that the fairness of his trial was prejudiced.
96.It would be the manner in which the SAC carried out the task that may give
rise to any breaches with the potential to mar the requirements of due process
of law. The mere fact that all previous judiciary matters were handled by the
House Judicial Committee, is not enough to ground an allegation of breach of
due process of law in handling the Applicant’s impeachment. Impeachment
proceedings are different from ordinary matters affecting the Judiciary. In any
case, after its initial investigations, the Report of the SAC was brought to the
Plenary of the House for adoption. At that stage, the entire impeachment
proceedings became the product of the House and not the SAC.
97.In the circumstances of the instant case, the handling of the investigations
stage of the Applicant’s impeachment at the House by the SAC in itself,
standing in isolation, did not compromise the requirement of due process of
law. Consequently, the Applicant’s claim that the handling of his
impeachment petition by the SAC violated his right to fair-trial is
unsustainable and the Court so holds.
98.On the issue of absence of prescribed rules, the evidence on records is
replete with the submissions from both parties to the effect that, there were no
prescribed rules of impeachment at the time the Applicant was impeachment
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