98. The totality of these provisions is to ensure that an accused person or a defendant is heard in his/her own case; that he/she is presumed innocent until otherwise established; is allowed legal representation; is able to appeal to a higher court when dissatisfied with the decision; and the hearing is concluded within a reasonable time with the overriding safeguard that the court/tribunal is impartial and competent. 99. The facts as presented by the Applicant show that of all the safeguards above listed only the opportunity to be heard is applicable. Indeed, this Court has held in a plethora of cases that the right to a fair hearing guaranteed under Article 7 of the African Charter is sacrosanct and admits no derogation. “Article 7 (1) clearly states that every individual shall have the right to have his cause heard and this comprises among other things the right to be presumed innocent until proven guilty by a competent Court or Tribunal, the right to defense, including the right to be defended by counsel of his choice and the right to be tried within a reasonable time by an impartial Court or Tribunal” - (SEE CHIEF EBRIMAH MANNEH V. THE REPUBLIC OF THE GAMBIA, CCJ, RL (2004-2008), p. 191, § 21). 99. Similarly the European Court of Human Rights further expatiated as follows, “A fair trial shall be one in which the parties to the case have the same conditions or mechanisms to protect their legal positions and legally protected interests, that is, one in which the parties to the case have the right to present all the observations they deem relevant for the assessment of the plea, which must be properly analyzed by the Court, which in turn has the duty to carry out a careful and diligent examination of the claims, arguments and evidence, presented by the parties 37