the constitutionality of laws of member states which is the preserve of domestic constitutional courts. This Court has thus consistently maintained that it will not examine the laws of member states in abstracto since it is not a constitutional court but, once human rights violation are alleged, it invokes its jurisdiction to examine whether or not there has been a violation. 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. In the instant case, the arrest, detention and torture of the Applicants’ were predicated upon media publications by the Applicants to which the Defendant argues that the publication constitutes an offence under the Gambian Criminal Laws. The Applicants’ maintained that the impugned provisions has affected their profession as journalists making it practically impossible for them to freely disseminate information for public interest. Furthermore, the fear of being rearrested, prosecuted and tortured by the Defendant of those laws in future has forced them to remain in exile. 29

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