dated 10th September, 2015 requesting a response to the allegation. On the other
hand, others who responded and appeared before the committees were given
the opportunity to cross examine the petitioner. Furthermore the Respondent
stated that the meeting held by the judicial Council constituted but a preliminary
stage, a stage of formation of an opinion by the Council as to whether to give any
direction and if so, the nature of directions to give to the investigative panel. In
response to the uncertainty of the identity of the petitioner, the Respondent stated
that it is most unfortunate and disingenuous for the Applicants to say that the
identity of the petitioner remains a mystery to them as the petition clearly reveals
the identity of the petitioner.
52. The Court in reviewing these facts as submitted by the parties’ notes that the
right to fair hearing is articulated in several international human rights instruments
as listed above, however Article 7 of the ACHPR which is pari material with the
others is set out below:
“Every individual shall have the right to have his cause heard and 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 defense, 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.”
53. The Court recognizes the principles of Audi alteram partem (hear the other side)
which requires that persons affected by an adverse position must be given an
opportunity to make representation. The right to be heard by its own nature
connotes an opportunity to be heard within a reasonable time by an impartial court
or Tribunal. This right is not limited to a one on one verbal representation but
encompasses every avenue accorded to a party to be heard in a matter. This Court
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