The right of an accused to be tried before an impartial tribunal, as provided for both
in the Universal Declaration of Human Rights and the African Charter on Human
and Peoples Rights (hereinafter referred to as UDHR and ACHPR respectively) is not
only an integral component of the right to fair trial but also an unqualified right.
ARTICLE 10 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS reads:
“Everyone is entitled in full equality to a fair and public hearing by an independent
and impartial tribunal, in the determination of his rights and obligations and of
any criminal charge against him”
ARTICLE 7 (1) OF AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS also
reads:
Every 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;
b) the right to be presumed innocent until proved guilty by a competent court or
tribunal;
c) the right to defence, 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.
The Court’s primary concern under the above mentioned instruments is to evaluate
the overall fairness of the criminal proceedings. The contemporary approach to the
determination of whether or not a trial has met the requirements of fair trial must
be devoid of piecemeal approach but rather every aspect of the trial ought to be
meticulously examined.
14