It is on account of these facts that the Applicants sought the following reliefs from
the Court:
A Declaration, that the actions of The Republic of
Gambia ( the
Defendant in this case) in enforcing the statutory provisions that are
subject
59,178,
of this application more particularly Sections 51, 52, 52A,
180, 181 and 181 A of the Criminal Code Cap
10°01 of 2009
and S. 173A of the Information and Communications (Amendment)
Act of 2013, by means of detaining, arresting , charging, trying and /or
convicting the 2", 3" and
4" Applicants and causing them physical,
psychological, emotional and reputational injury and thus forcing them
to live in exile outside the Gambia, is in violation of the Applicants
human
rights under
international
law, namely,
the
right to receive
information and express and disseminate opinion under Articles 9 (1)
and 9 (2) of the African Charter on Human
and Peoples’
Rights,
freedom of expression under Article 19(2) of the ICPRC, the right of
journalists under Article 66(2) of the Revised ECOWAS
Treaty. the
right to liberty and security under Article 6 of the African Charter and
Article 9(1) of the ICCPR and the right of Gambian Citizens to return
to Gambia under Article 12 (2) of the African Charter and Article 12(4)
of the ICCPR.