protection of human and peoples’ rights in accordance with the provisions
of the African Charter on Human and Peoples’ Rights”.
6.1.11.
The initiating application of the applicants having fulfilled all of
these conditions, this court cannot give credence to the defendant’s
application that this Court refuses jurisdiction over this matter on the
ground that the applicants did not annexed to the Initiating Application
documentary evidence that were not pleaded.
6.1.12.
Relative to the defendant’s averment that the arrest and incarceration
of the applicants was the outcome of a valid judgment from a competent
tribunal from which the applicants are yet to appeal to the proper judicial
forum, this Court says that this is one of the most contentious issues
presented by the applicants for resolution by this Court. The applicants
alleged substantially that the trial before the Military Tribunal was unfair
and that they were denied the right of appeal. Chapter 7 (1) of the African
Charter provides as follows:
6.1.13.
Every individual shall have the right to have his cause heard. This
comprises:
a. The right to an appeal to competent national organs against acts of violating
his fundamental right 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 reasonable time by an impartial court or tribunal
Certainly giving due consideration to the averments as are contained in the
Initiating Application of the applicant in light of the above quoted provision of
the African Charter, this Court says that it has the competence to enquire there
into.
6.1.14.
Relative to the defendant’s averment that the claims by the
applicants do not fall within the ambit of fundamental human right since
the Federal Constitution, while guaranteeing the right to life as is enshrine
in Section 33 (1) of the Constitution of the Federal Republic, however
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