Freedom of expression is a fundamental human right and full enjoyment of this right
is central to achieving individual freedoms and to developing democracy. It is not
only the cornerstone of democracy, but indispensable to a thriving civil society.
Having reiterated the Courts’ competence on human rights cases, it therefore implies
that this court in exercising its jurisdiction, has the powers to go into the root of the
violation i.e. those laws which the Applicants’ are contesting to establish whether or
not they are contrary to the provisions of international human right laws on freedom
of expression.
Consequently, in view of its jurisprudence, this Court has the competence to examine
the laws upon which the allegations are based to ascertain whether the laws and
punitive measures are regular or in violation of the Applicant rights.
Do the provisions of the laws of the Gambia on sedition, criminal libel and false
news publication constitute an infringement on the human rights of the plaintiffs as
alleged?
The Plaintiffs urge this Court to declare sections 51, 52, 52A, 59, 173A, 179, 180,
181 and 181A of the Criminal Code, Cap 10:10 of 2009 Laws of The Gambia
inconsistent with and a breach of The Gambian obligations as a member of
ECOWAS to protect Human rights and comply with its international obligations.
In urging this court to do this they aver that the defendant in applying the laws
interfered with their rights as journalists by instilling fear of potential arrest and
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