The Defendant, in refuting the Plaintiffs allegations state that the Elections
Amendment Act applies generally to all political parties without discrimination as
eight out of the nine political parties have complied with the said amendment and
collected nomination forms in readiness for the upcoming election. Further, that the
said amendment was done in accordance with due process of the Laws of the Gambia
and has been operational for more than one year unchallenged by the Plaintiffs.
The Defendant denies using government resources to fund the ruling party APRC
and further states that the activities of each political party are funded from the party’s
resources and not from state resources. That the main aim of the amendment is to
streamline and guarantee effective representation.
This Court has held that for its jurisdiction to arise, the alleged violation must be
founded on an international or community obligation of the state.
In HISSEIN HABRE V. REPUBLIC OF SENEGAL (2010) CCJELR, the Court held
that it shall examine:
If the issues submitted before it deals with a right which has been enshrined
for the benefit of the human person;
Whether it arises from International or Community obligations of the state
complained of, as human rights to be promoted, observed, protected, and
enjoyed;
Whether it is the violation of that right which is being alleged.
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