ISSUE 4: WHETHER THIS COURT HAS COMPETENCE TO
DECLARE THE JUDGEMENTS OF NATIONAL COURT NULL
AND VOID.
Finally, the Applicants urged this Court to declare the decision of the
national Court of the Gambia null and void. This Court has in its flourishing
jurisprudence held that it lacks the jurisdiction to sit on appeal over
decisions of National Courts. In BAKARY SARRE & 28 ORS V. THE
REPUBLIC OF MALI (2011), ECW/CCJ/JUD/03/11 the Court in
determining the application filed by the Applicants held that: “The said
application substantially seeks to obtain from the Court a reversal of
judgment delivered by the Supreme Court of Mali and seeks to project
the Court of Justice of ECOWAS as a Court of cassation over the
Supreme Court of Mali. Viewed from that angle, the Court declared
that it had no jurisdiction to adjudicate on the matter.” Also in OCEAN
KING V. REPUBLIC OF SENEGAL (2011)ECW/CCJ/JUD/07/11 Para 66 @
page 161.The Court reiterated its position to the effect that it does not
compose itself as an appellate court over decisions of National courts. See
also SIKIRU ALADE V. FEDERAL REP. OF NIGERIA (2012)
ECW/CCJ/JUD/10/12;
MUSA
LEO
KEITA
V.
MALI
(2007)
ECW/CCJ/JUD/03/07 @ pg. 72 para 26; DR. JERRY UGOKWE V. FRN &
1 OR, (2005) ECW/CCJ/JUD/03/05.
The Court therefore aligns itself to its precedents and holds that it lacks the
powers to declare the decision of the national Court of the Respondent null
and void.
ISSUE 5: WHETHER THE 32ND APPLICANT HAS CAPACITY TO
INITIATE THIS APPLICATION ON BEHALF OF EBRIMA SOLO
SANDENG (DECEASED)
Article 10 (d) of the Supplementary Protocol (A/SP.1/01/05 Amending
Protocol (A/P1/7/91) specifically grants access to the Court to individuals
who are seeking relief for violation of their Human Rights and it further
provided the conditions precedent :
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