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.
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