95. The Respondent on the other hand denied the allegation and maintained that the notice of the auction proceedings was pasted at the Town Hall and that he was represented at all other proceedings in respect to this matter. *** 96. The cardinal principles of fair hearing require that a person whose interests are to be affected by a decision (whether adjudicative or administrative) shall receive a fair and unbiased hearing before the decision is made. Even scripturally, God did not pass sentence on Adam before he was called upon to make his defence. Failure to comply with the requirements of procedural fairness risk having the decision declared invalid by a court or tribunal, not because the decision itself was wrong, but because the decision-making process was wrong. 97. In capturing these fundamentals, Article 7 of the African Charter which deals with fair hearing provides, “Every individual shall have the right to have his cause heard. This comprises: 1. 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; 2. The right to be presumed innocent until proved guilty by a competent court or tribunal; 3. The right to defence, 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” 36

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