Right to fair trial

Sierra Leone — Supreme Court · 2021

Principle established: Judicial review may be sought to quash decisions or orders of a lower court where there is a jurisdictional error, procedural impropriety, or a breach of fundamental rights.

Sierra Leone — Court of Appeal · 1960

Principle established: A disciplinary tribunal lacks jurisdiction to convict a legal practitioner of misconduct based on an accusation completely different from and inconsistent with the formal charge.

Kenya · 2025

Principle established: Disciplinary proceedings against judicial staff must comply with constitutional requirements for a fair hearing, including the right to confront accusers and the avoidance of inordinate delays.

Sierra Leone — Court of Appeal · 2022

Principle established: In criminal trials, the prosecution bears the burden of proving the accused's guilt beyond reasonable doubt, and procedural requirements for the mode of trial must be strictly observed.

Sierra Leone — Court of Appeal · 1961

Principle established: Statutory amendments modifying the procedure for mode of trial apply to pending cases, empowering the court to order that a defendant be tried by a judge alone.

Malawi · 2023

Principle established: The court may review criminal proceedings and order the release of a person who has been detained without being brought before a court of law within the constitutionally mandated period.

Ghana · 2026

Principle established: Directives for special criminal trials during legal vacations must not result in selective justice or violate the constitutional rights of the parties and legal practitioners involved.

Malawi · 2023

Principle established: The state is required to make full disclosure of its case and serve the charge sheet within a reasonable time to allow the defendant to prepare their defense.

Sierra Leone — Court of Appeal · 2022

Principle established: A judgment obtained without proper service of process on a defendant residing outside the jurisdiction violates the principles of natural justice and the right to a fair hearing.

Sierra Leone — Supreme Court · 1961

Principle established: A criminal trial may be ordered before a judge alone where strong political rivalry and high public interest create good reason to believe an impartial jury cannot be had.

Zimbabwe · 2022

Principle established: A permanent stay of criminal proceedings is an exceptional remedy granted only where there is a fundamental breach of the right to a fair trial that cannot be otherwise remedied.

Zimbabwe · 2023

Principle established: An accused person may challenge the validity of criminal charges through an exception, and the court's ruling on such an exception is subject to judicial review for irregularity.

Sierra Leone — Supreme Court · 2025

Principle established: An application for judicial review by way of prohibition may be sought to prevent a judge from continuing to hear a matter if there are grounds to question the propriety of the proceedings.

Ghana · 2024

Principle established: The court determines whether criminal proceedings must commence de novo upon the reassignment of a case to a new judge or whether previous evidence can be adopted.

Sierra Leone — Court of Appeal · 1961

Principle established: A summary conviction must be set aside where the accused was wrongly denied the opportunity to make submissions to the trial magistrate.