complainants‟ guilt, thereby violating the principle of presumption of innocence. In Communication 224/98: Media Rights Agenda v Nigeria, the African Commission agreed with the Complainant that that prior to the setting up of the tribunal, the military Government of Nigeria organised intense pre-trial publicity to persuade members of the public that a coup plot had occurred and that those arrested in connection with it were guilty of treason. The African Commission agreed further that any possible claim to national security in excluding members of the public and the press from the actual trial by the tribunal cannot be justified, and therefore in breach of the right to fair trial, particularly, the right to presumption of innocence. 187. As in the case of Communication 224/98: Media Rights Agenda v Nigeria, in the instant matter the Respondent State has not really contested the veracity of the Complainant's allegation. In this circumstance, the African Commission is obliged to accept this as the facts of the case and therefore finds the Respondent State in violation of Article 7(1)(b) of the African Charter. 188. Again, the Respondent State have not specifically addressed the allegation that Proclamation No. 22/1992 violated the right to be presumed innocent as guaranteed in Article 7(1)(b) of the African Charter. Statements made by the Respondent State officials during and after the trial of the Victims violate the violates the right to be presumed innocent as guaranteed in Article 7(1)(b) of the African Charter. The Respondent State have not specifically addressed the allegation in the Proclamation. 189. The Respondent State have not addressed the allegation that statements made by the Respondent State officials during and after the trial of the Victims violate the violates the right to be presumed innocent as guaranteed in Article 7(1)(b) of the African Charter 190. The presumption of innocence implies a right to be treated in accordance with this principle. In Civil Liberties Organisation, Legal Defence Centre, Legal Defence and Assistance Project v Nigeria the African Commission stated that the principle of the presumption of innocence constituted a fundamental principle, which protects everybody against being treated by public officials as if they were guilty of an offence even before such guilt is established by a competent court.50 By reason of the presumption of innocence, the burden of proof of the charge is on the prosecution and the accused has the benefit of the doubt. No guilt should be presumed until a charge has been proved beyond reasonable doubt. It is, therefore, a duty for all public authorities to 50 See Communication No. 218/98, Civil Liberties Organisation, Legal Defence Centre, Legal Defence and Assistance Project v. Nigeria, paragraphs 40 -41. 43

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