ACHPR
Human Rights our
Collective Responsibility
African Commission on
Human and Peoples' Rights
97. The Complainant avers that the motion before the Supreme Court to re-open the
disciplinary proceedings settled by himself was listed for 2 July 2011 but the five
bench Judge decreed that all proceedings before the Supreme Court must be
instituted by an Attorney pursuant to Rule 3(3) of the Supreme Court Rules 2000.
He avers that he had thereafter retained the services of an Attorney but the latter
passed away on 3 August 2012. He further alleges that he had previously settled
motions and affidavits without recourse to an Attorney with no objection either
from the parties or from the courts.
98. The Complainant avers that he sought to appeal to the Judicial Committee of the
Privy Council but, on 13 December 2011, his application for special leave was
refused. In rejecting his application for leave to appeal, the JCPC reasoned : "the
applications do not raise an arguable point of law of general public importance
which ought to be considered by the Judicial Committee at this time, bearing in
mind that the case has already been the subject of judicial decision and reviewed
on appeal and because it would be an abuse of process to permit the appellant to
argue issues which were not the subject of decisions by the Court below," which
reasoning the Complainant contends is incorrect.
99. The Complainant submits that, contrary to the JCPC's findings, his complaint
raises several arguable points in law of fundamental importance, that it relates to
unwarranted restrictions placed by the court in relation to the protection of the law
and due process, together with questions of great general public importance which
ought to be examined and determined by the Supreme Court.
100. In his submissions, the Complainant also questions the impartiality of the
Court. He cites a number of court proceedings instituted by himself against judges
and judicial officers, including the then Chief Justice and other state officials. He
notably alleges that, on 21 and 22 February 2011, during hearings before the
Supreme Court, the Chief Justice displayed an unwillingness to allow the
Complainant to address the Court until he was invited to do so by another Judge
of the same Bench. He also points to a number of alle ed family ties between
judicial officers and other unconfirmed unethical b 'allegedly made
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See paras. 17-19 above.
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Email: au-banjul@africa-union.org
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