dated 10th September, 2015 requesting a response to the allegation. On the other hand, others who responded and appeared before the committees were given the opportunity to cross examine the petitioner. Furthermore the Respondent stated that the meeting held by the judicial Council constituted but a preliminary stage, a stage of formation of an opinion by the Council as to whether to give any direction and if so, the nature of directions to give to the investigative panel. In response to the uncertainty of the identity of the petitioner, the Respondent stated that it is most unfortunate and disingenuous for the Applicants to say that the identity of the petitioner remains a mystery to them as the petition clearly reveals the identity of the petitioner. 52. The Court in reviewing these facts as submitted by the parties’ notes that the right to fair hearing is articulated in several international human rights instruments as listed above, however Article 7 of the ACHPR which is pari material with the others is set out below: “Every individual shall have the right to have his cause heard and 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; (b) The right to be presumed innocent until proved guilty by a competent court or tribunal; (c) The right to defense, including the right to be defended by counsel of his choice; (d) The right to be tried within a reasonable time by an impartial court or tribunal.” 53. The Court recognizes the principles of Audi alteram partem (hear the other side) which requires that persons affected by an adverse position must be given an opportunity to make representation. The right to be heard by its own nature connotes an opportunity to be heard within a reasonable time by an impartial court or Tribunal. This right is not limited to a one on one verbal representation but encompasses every avenue accorded to a party to be heard in a matter. This Court 18

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