95. The Second Applicant alleges that he was not represented by Counsel in
the proceedings against him before the domestic courts; hence, the
Respondent State violated Article 7(1)(c) of the Charter. The Second
Applicant claims that the domestic courts should have taken cognisance of
the serious nature of the charge of armed robbery and provided him with a
lawyer. He admits that there is a legal aid scheme in the Respondent State
for poor prisoners but he asserts that the decision to grant or deny legal aid
is within the absolute discretion of the Certifying Authority and the prisoner
does not have any say on it. He contends that as an indigent and illiterate
Applicant, the Respondent State’s failure to afford him legal assistance
created an imbalance in his prosecution and occasioned him a miscarriage
of justice.
96. In response to the Second Applicant’s submissions, the Respondent State
concedes that the hearing of the case against the Second Applicant was
conducted without the assistance of a lawyer. Nonetheless, it argues that
that the right to legal representation is not an absolute right as it is subject
to two conditions; first, the applicant must request for legal representation
of his choice and second, there should be available funds to support the
applicant’s prayer for legal aid once granted. The Respondent State avers
that in the present case, the Second Applicant did at not request for legal
assistance or complain that his right to defence was contravened at any
stage in the domestic proceedings. As such, it prays the Court that it should
apply the principle of margin of appreciation, taking into consideration its
limited financial capacity, and dismiss the Second Applicant’s allegation.
***
97. According to Article 7(1)(c) of the Charter, the right to have one’s cause
heard includes “the right to defence, including the right to be defended by
counsel of [their] choice.”
98. The Court has previously interpreted Article 7(1)(c) of the Charter in light of
Article 14(3)(d) of the International Covenant on Civil and Political Rights
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