Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained. (Emphasis added). 14. Article 14(g) of the Revised Treaty of the Economic Community of West African States (ECOWAS) provides for the recognition, promotion and protection of human and peoples’ rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights. 15. The effect of article 6 of the African Charter on Human and Peoples’ Rights as stated above is that no one shall have his right to liberty limited or restricted unless it is in accord with a law previously laid down. In other words, the law under which a person is arrested and/or detained must have been valid and in force, before or at the time of such arrest and/or detention. Plaintiff alleges that his rights under article 6 of the African Charter on Human and Peoples’ Rights have been violated and therefore the intervention of this Court is justifiable under article 9(4) of the Protocol of this Court, as amended. 16. This Court in the case of Alhaji Hammani Tidjani v Nigeria and 4 Others, suit ECW/CCJ/APP/01/06, judgment delivered on 28 June 2007 held that the combined effect of article 9(4) of the Protocol of the Court, as amended, article 4(g) of the Revised Treaty and article 6 of the African Charter on Human and Peoples’ Rights is that the plaintiff must invoke the Court’s jurisdiction by (i) establishing that there is a right recognized by article 6 of the African Charter on Human and Peoples’ Rights; (ii) that this right has been violated by the defendant; (iii) that there is no action pending before another international Court in respect of the alleged breach of his right; and (iv) that there was no previously laid down law that led to the alleged breach of abuse of his rights. 17. In this case, applicant alleges his rights have been violated under article 6 of the ACHPR and seeks an end to be put to it, and this is what was done by hearing the witnesses. 18. Plaintiff witness 1 (PW1) stated that he was present when the plaintiff was arrested by two security operatives of the Republic of The Gambia in the office of the Daily Observer newspaper where they both worked. PW1 further stated that though the policemen were not in official uniforms, he knew they were police officers because he personally knew one of them, one Corporal Sey, from the National Intelligence Agency. 19. Furthermore, the arrest of the plaintiff was confirmed by Professor Kwame Karikari, plaintiff witness 3 (PW3). He stated that his organization, the Media Foundation for West Africa raised an ‘alert’ in order to get confirmation about the arrest of the plaintiff when it came to their notice. PW3 stated that the arrest of the plaintiff was confirmed. PW3 also stated that his organization made the necessary enquiries in order to secure the release of the plaintiff but they were told that it was impossible because of the conditions prevailing at The Gambia at the time. They were therefore advised to pursue the matter at the Community Court of Justice, ECOWAS. The conduct of the plaintiff which amounted to a criminal offence for which he was arrested was not disclosed to him, neither was he told of the law which made that conduct a crime. PW1 stated that plaintiff was held incommunicado after his arrest and has since been detained without trial, neither has he been charged with the commission of any criminal offence known to the law of the Republic of The Gambia . 20. Plaintiff witness 2 (PW2) in his evidence stated that he saw the plaintiff at the Fatoto police station during his visits to several police stations when his firm, Foroyaa newspaper, got a tip-off that the plaintiff had been moved from the Central Prison to an unknown destination. PW2 further stated that though they followed the case of the plaintiff and other detainees, they were not arraigned before court within the seventy-two hours stipulated by the Gambian Constitution for detainees to be brought before court, and that the plaintiff till date has not been brought before court to his knowledge. All these facts stand uncontroverted, and they appear credible so the Court accepts them. 21. Article 7 of the African Charter on Human and Peoples’ Rights is very instructive with regards to the treatment of people once they have been arrested. Article 7(1) of the African Charter on Human and Peoples’ Rights stipulates thus: Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defence, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. Article 7(1) clearly states that every individual shall have the right to have his cause heard and this comprises among other things the right to be presumed innocent until proven guilty by a competent court or tribunal, the right to