equally exonerated the Plaintiff. The said report has been annexed to his
application as “ANNEXURE -5”
The Plaintiff also maintained in his reply that the matter before the Court of Appeal
was not in compliance with the Court of Appeal Rules as parties were not called to
settle the records.
The Plaintiff acknowledged that the ECOWAS Court is not a Court of Appeal to reopen and re-litigate the matter decided at the National Courts. The Plaintiff
however maintained that the Defendant was given ample opportunity to deny the
allegations against the trial judge during the trial of the Plaintiff but they refused to
do so because the allegations were true. He further contends that one of the
prosecuting Counsel withdrew from the case in the face of the injustice to which
the records of proceedings, the ruling and judgment of the High Court clearly shows
that Mr. Legenju Vitalis was prosecuting alone. That the Defendant is only trying to
mislead the Court in this regard.
The Plaintiff insists that he was not accorded free and fair treatment during the
trial. To this effect, letters of protest were sent by the American and the Nigerian
Embassies to the Gambian Government. He also maintained that he was not
allowed access to his Counsel while in Mile 2 prison. He also replied that the trial
judge fled the Gambia as a result of the discovery of not having the requisite
qualification and the alleged corruption charges and has since been declared
wanted by the Government of the Gambia.
The Plaintiff denied being among those that were granted mass pardon, but was
granted pardon on the pressure from both the Nigerian and United States’
Governments.
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