was crossing the strictures of due process of law, and equally difficult and
almost impossible to foresee the consequences. It is therefore, not in doubt
that the absence of prescribed rules of impeachment substantially affected the
fairness of the impeachment proceedings at the House and the Court so holds.
104.
On the issue of the non-involvement of the Applicant in the
impeachment proceedings, the Respondent at the hearing argued and
submitted as captured in the verbatim report that “the decision in the House
of Representatives does not require under our laws, the participation and
person of the Applicant and lawyer.”
105.
It is pertinent to note that an “impeachable charge” existed from the
moment the Petition for Impeachment, containing the accusations of
impropriety against the Applicant, was officially brought to the notice of the
House. At that point, the Applicant’s situation had been substantially affected
by the actions taken by the two Honourable Petitioners of the House as a result
of a suspicion against him. It followed that, the right to due process of law
became applicable at that pre-trial stage; being the impeachment at the House
because, at that stage, a public authority was making a decision that had an
impact on the Applicant’s criminal and civil rights. To this end, the Applicant
was entitled to the benefits of all the facets of due process of law at that stage
to afford him the opportunity to sufficiently defend himself whether or not he
was intended to be interrogated or subjected to any investigative act during
the relevant period.
106.
Article 7 of the African Charter envisages certain minimum pre-trial
procedural rights to be accorded everyone charged with a criminal offence
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