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

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