In the instant case, to enable the Court resolve the sole issue as set out (supra), the evaluation of the overall fairness of the proceedings warrants the determination of the following sub-issues:  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;  Whether or not the trial judge’s refusal to recuse himself from the trial of the Plaintiff amounted to a breach of fair trial rules in the circumstance of this case.  Whether or not the trial of the Plaintiff in its entirety followed due process. The above issues will now be addressed in seriatim. For the avoidance of doubt, and before the determination of the issues, it is imperative to point out that this court does not constitute itself as an appellate chamber to interfere with the findings of the national Courts. However, once human rights violation are alleged, it invokes its jurisdiction to examine whether or not there has been a violation. The Court will therefore concern itself only in cases of apparent non-compliance with the relevant laws which the member states have ratified, to ascertain whether or not there has been a violation by the member state. The above caveat has been reiterated in a number of cases by this Court including MUSA LEO KEITA V. MALI (2004-2009) pg. 65, where the court declared that it had no jurisdiction to adjudicate on a judgment delivered by the court of a member state. 15

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