proven infraction of law or violation of the ethics or his oath of office, it
should have been done in a very careful and orderly way such that it would
not violate his rights to work and fair hearing as guaranteed by the various
international human rights instruments including the African Charter.
158. This Court therefore comes to a decision in view of its earlier findings, and in
particular reference to the terms and conditions of service of the Applicant as
an Associate Justice, which guaranteed him a life-time employment with
sound retirement benefits that there has been a violation of the right of the
Applicant to work, and the Court so holds.
Alleged violation of right to dignity of person of the Applicant
159. On the issue of an alleged violation of the right to dignity of person of the
Applicant, having found a violation of the rights of the Applicant to fair trial
and work, the task of this Court under this heading is to examine whether
those violations allegedly occasioned a further violation of the Applicant’s
right to dignity of his human person. The Applicant cited Article 4 of the
African Charter to support his claim of violation to his dignity of person which
reads: “Human beings are inviolable. Every human being shall be entitled to
respect for his life and the integrity of his person. No one may be arbitrarily
deprived of this right.”
160. The Court has critically evaluated the case of the Applicant vis-à-vis the above
provision of the African Charter and has come to the conclusion that his claim
for violation of dignity of his human person is not sustainable under the
provision and same is dismissed.
161. However, from the judicial spectacles of this Court, taking into consideration
the way and manner in which the Applicant’s removal process was carried
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