Defendant has not complied with this requirements, the Court in considering the
texts creating the Judicature and in line with the principles of fair trial, holds that
the acts of the Defendant was unconstitutional, biased, lacking in independence,
amounts to non-compliance with due process and in breach of natural justice and
thereby constitute a gross violation of the Applicant’s right to fair trial.
COMPENSATION
The Plaintiff per his reliefs, prayed this Honourable Court to order the Defendant
to pay to him the sum of Twenty Million US Dollars (US$20,000.000) plus six percent
(6%) interest per annum for violation of his human rights. He further prayed for
payment by the Defendant of successful Attorney’s fees.
In the case of CHIEF EBRIMAH MANNEH v. THE REPUBLIC OF THE GAMBIA (20042009) CCJELR 181 pg. 194 para. 32, this Court held that:
“Having concluded …….… that the Plaintiff’s right to his personal liberty has
been abused, the Plaintiff is entitled to some damages for the wrongs that he
has suffered. The amount of damages, however, is dependent on the facts of
this application and the relevant rules governing the award of damages”
The Court in the above case reviewed cases of the European Court of Human Rights
which are of persuasive effect and can help in determining the basis and quantum
of damages to be awarded. In AHMED SELMOUNI v. STATE OF FRANCE (2005) CHR
237 and MIOSLAV CENBAUER v. REPUBLIC OF CROATIA (2005) CHR 429 the ECHR
awarded damages to the successful Plaintiffs whose human rights were violated.
However, the Court, in awarding the damages; was emphatic that in awarding
34