140.
The Respondent on her part relied on the provision of the section 43 of
the 1986 constitution of Liberia which gave the right of impeachment
proceedings to the National Assembly and submitted that all procedure laid
down by the law was followed and that none of the procedural rights of the
Applicant was violated.
141.
The Respondent on her part maintains that the impeachment trial was
done in accordance with the due process of law and all necessary safeguards
to ensure that the rights of the Applicant are well protected were put in place.
The Respondent denied any procedural irregularities and maintain that every
aspect of the impeachment was done in accordance with the due process laid
down by the law of Liberia.
142.
Generally, it is envisaged under Article 7 of the African Charter that
procedural laws and rules governing any criminal trial must not only be clear,
but also certain and known to the general public, and particularly to the
accused before his trial. If it fails to do so, it suffers from a material defect
capable of rendering any ensuing trial equally defective because it will amount
to a significant disparity between the defence and the prosecution, attaining
the level of a breach of the principle of equality of arms which requires that
the accused be given an adequate and proper opportunity to defend
himself.
143.
The Inter-American Court of Human Rights case of USÓN RAMÍREZ
V. VENEZUELA JUDGMENT OF NOVEMBER 20, 2009 on what constitute
due process of law, the Court held that: “Thus, the codification of a crime
shall be stated expressly, accurately, taxatively and previously, even more so
when criminal law is the most restrictive and severe means to establish
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