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”
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