3. The right to defense, including the right to be defended by counsel
of his choice;
4. The right to be tried within a reasonable time by an impartial
court or tribunal.
2. No one may be condemned for an act or omission which did not
constitute a legally punishable offence at the time it was committed.
No penalty may be inflicted for an offence for which no provision was
made at the time it was committed. Punishment is personal and can be
imposed only on the offender.
Article 8, 10 and 11 of the UDHR:
Everyone has the right to an effective remedy by the competent national
tribunals for acts violating the fundamental rights granted him by the
constitution or by law.
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.
(1) Everyone charged with a penal offence has the right to be presumed
innocent until proved guilty according to law in a public trial at which he
has had all the guarantees necessary for his defense.
(2) No one shall be held guilty of any penal offence on account of any act
or omission which did not constitute a penal offence, under national or
international law, at the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at the time the penal
offence was committed.
The Applicant submits that pursuant to Article 7 of the ACHPR and Article 8, 10,
11 of the UDHR their rights to fair hearing and their presumption of innocence were
further breached by the Respondent were further breached and constitute a violation
of the right to fair hearing. Given particulars of the alleged breach the Applicants
claim for their violation of the right to fair hearing. In support of the allegation they
averred that they were dismissed from the service of the Nigerian Army without
them being brought before a Court Martial duly constituted for that purpose as is
required by Section 32 of the Armed Forces Act as already being referred to.
16