54. In the circumstances, the Court holds that the Respondent State did not
violate the Applicant’s right to treated equally before the law and to equal
protection of the law as guaranteed under Article 3 of the Charter.
B. Alleged violation of the right to dignity
55. The Court will now consider the two claims which the Applicant alleges
violated his right to dignity, namely: (i) the failure of the Court Magistrate
(Justice of the Peace) to order investigations into the alleged cruel,
inhumane;
and
degrading
treatment
resulting
from
the
beatings
administered by the police authorities and (ii) the allegation that he was
beaten and brutalised by the police authorities.
i.
Allegation that the Justice of the Peace failed to order investigations into
the Applicant’s alleged cruel, inhumane, and degrading treatment
56. The Applicant avers that when he was presented before the Magistrate
Court , the “Justice of the Peace” observed his wounds but failed in his duty
to inquire into the circumstances of how he sustained the wounds and to
order that he be taken for medical treatment before recording his statement.
*
57. The Respondent State in response to this claim, avers that the duty of the
Justice of the Peace is to record the statement of confession from the
accused person and not to inquire into any other matter. The Respondent
State further avers that the Applicant was “physically assessed and some
wounds were noted on his body; although he did not tell the Justice of Peace how
he got the wounds on his body. The Applicant had the duty to inform the Justice of
Peace how he got the wounds on his body; but choose not to.” The Respondent
State surmises that this was a mere afterthought by the Applicant that this
Court should not entertain, since, the Applicant had an opportunity to raise
it before the High Court and Court of Appeal during the trial.
15