authorities, notably the courts, to resolve problems of interpretation of
domestic legislation. The Court’s role is confined to ascertaining
whether the effects of such an interpretation are compatible with the
Convention.”
60.The Court in adhering to its jurisprudential reasoning not to usurp the powers
of national courts to examine the laws of Member States, has nonetheless not
reneged on or negated its mandate to determine cases of human rights
violations that occur in Member States. To this end, where in a given
application before it, there exists complaint about any human rights violation
occasioned by application of any national legislation, to the extent of such
violation, this Court will examine the national legislation in the context and
pursuit of protection of the human rights concerned. In other words, this Court
shall, where a case is brought before it, examines impugned legislations to
ascertain whether or not the application of that impugned legislation
constitutes a violation of human rights with the view to directing a review.
See OBINNA UME & 6 ORS v. FEDERAL REPUBLIC OF NIGERIA
(UNREPORTED) JUDGMENT NO. ECW/CCJ/JUD/10/20.
61.In the case of FEDERATION OF AFRICAN JOURNALIST v. THE
REPUBLIC
OF
THE
GAMBIA,
(2018)
JUDGMENT
NO.
ECW/CCJ/JUD/04/18 (UNREPORTED), the Court reviewed the question
whether it can examine an impugned provision of the laws of a Member State
with the view to compelling amendments where necessary. In that case, the
Applicants impugned some statutory provisions of The Gambian Criminal
Code and the Information and Communication (Amendment) Act by
submitting that the continued application of those provisions violated their
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