The African Court granted provisional measures staying execution of a Benin court judgment, but dismissed broader requests on evidence access and legal aid.
The Constitutional Court held that the refusal by the prosecution and the trial court to provide the Petitioner with access to the Tally Accounting System data and documents necessary for his defence constituted a violation of his fundamental and non-derogable right to a fair hearing as guaranteed under Articles 28(1) and 44(c) of the Constitution. This denial undermined the fairness of the criminal proceedings and rendered the trial a nullity. Consequently, the proceedings in the High Court Anti-Corruption Division were quashed, and a trial de novo was ordered before a different judge. The b…