Also 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.
The Court shall now proceed to consider the issue:
WHETHER OR NOT THE PLAINTIFF’S NATIONALITY ACCOUNTED FOR HIS DISLIKE
BY MEMBERS OF THE GAMBIAN BAR WHICH RESULTED IN THE ALLEGED
DISCRIMINATION AGAINST HIM.
The Plaintiff maintained that his nationality prompted dislike and discord by
members of the Gambian Bar. The Defendant in debunking his claim argued that
the Plaintiff had a good working relationship with the Bar Association since he
stepped into office sometime in 2000, till his arrest and trial for abuse of office and
other offences.
The Plaintiff reiterated emphatically that most of the members of the Gambian Bar
were not happy with his appointment due to his nationality.
It is important that the context in this case relative to this issue be put to its rightful
perspective. In doing so, the Court will reproduce verbatim the claims of the
Plaintiff in respect of his allegation of discrimination as contained in paragraphs 5
and 6 of his Initiating Application filed at the Registry of the Court on 22nd January,
2018 as follows:
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