6.3.19. In paragraph 6 of document no. 4 deposed to by one Jude Arthur Angel, a friend to the Applicants, deponent stated in clear terms that he had on several occasions had extensive meetings with Applicants at their detention center in Enugu. This statement contradicts the Applicants’ allegations that they were denied family visits. 6.3.20. The Court notes that a document made under oath depicts the true position of a matter. The Applicant failed to put forward any credible evidence in proof thereof, the Court therefore holds that the Applicants’ claim in this regard has not been substantiated. 6.3.21. On the issue of public threats to execute the Applicants, the Court notes that this allegation has not been substantiated with any credible evidence and therefore goes to no issue. The Court therefore cannot give credence to unsubstantiated averments. 6.3.22. On the applicants’ averments that the trial before the military tribunal was unfair, and that they were denied the right of appeal, the Court says that the African Charter is not silent on this issue. The Charter provides at Chapter 7 that *(e)very individual shall have the right to have his cause heard. This comprises: (a) The right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed BY CONVENTIONS, LAWS, REGULATIONS AND CUSTOMS IN FORCE; (d) The right to be tried within a reasonable time by an impartial court or tribunal. For the applicants to succeed in an application for a violation of their right to fair trial, it is not sufficient to merely allege that they were trial by a special tribunal. It must be shown that the trial was violative of international standard. In the instant case, the applicants must show that the tribunal was not impartial. This partiality may be discerned from the text establishing the tribunal. 6.3.23. The Tribunal before which the applicants were tried was established pursuant to an Act known and styled as the Robbery and Firearms (Special Provisions) Act Cap. 398 LFN 1990. This Act provides in Section 8 as follows: 1. The Governor of each State shall constitute a Constitution tribunal or tribunals for the trial of offenses under this Act committed within his State. Page | 16

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