ii.
That the Protocol on Democracy and good governance was earlier in time than
the 2005 Supplementary Protocol which granted access to the court to
individuals without providing for the pre-condition of exhaustion of local
remedies
iii.
That even if the Protocol on Democracy and good Governance came into force
at the same time as the 2005 Supplementary Protocol , the Supplementary
Protocol provisions will take precedence over the provisions of the protocol
on democracy and good governance in that it was made specifically for the
Court.
iv.
That Article 50 of the African charter, which mandates the African
commission to admit cases only after the exhaustion of local remedies is
inapplicable to this court being a directive meant only for the African
Commission.
In view of the above the defendant’s contention in this regard goes to no issue and
cannot be sustained.
4. ON THE SUBSTANCE
The following issues call for consideration
1) Can this court examine the impugned provisions of the laws of Gambia as
urged by the Plaintiffs.
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