the constitutionality of laws of member states which is the preserve of domestic
constitutional courts.
This Court has thus consistently maintained that it will not examine the laws of
member states in abstracto since it is not a constitutional court but, once human rights
violation are alleged, it invokes its jurisdiction to examine whether or not there has
been a violation.
In Hadijatou Mani Koraou V. Republic of Niger (2004-2009) CCJELR, pg 232
para. 60. The court held that it does not have the mandate to examine the laws of
member states of the community in abstracto but rather, to ensure the protection of
rights of individuals whenever such individuals are victims of the violation of those
rights which are recognized as theirs, and the court does so by examining concrete
cases brought before it.
In the instant case, the arrest, detention and torture of the Applicants’ were
predicated upon media publications by the Applicants to which the Defendant argues
that the publication constitutes an offence under the Gambian Criminal Laws.
The Applicants’ maintained that the impugned provisions has affected their
profession as journalists making it practically impossible for them to freely
disseminate information for public interest. Furthermore, the fear of being rearrested, prosecuted and tortured by the Defendant of those laws in future has forced
them to remain in exile.
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