Freedom of expression is a fundamental human right and full enjoyment of this right is central to achieving individual freedoms and to developing democracy. It is not only the cornerstone of democracy, but indispensable to a thriving civil society. Having reiterated the Courts’ competence on human rights cases, it therefore implies that this court in exercising its jurisdiction, has the powers to go into the root of the violation i.e. those laws which the Applicants’ are contesting to establish whether or not they are contrary to the provisions of international human right laws on freedom of expression. Consequently, in view of its jurisprudence, this Court has the competence to examine the laws upon which the allegations are based to ascertain whether the laws and punitive measures are regular or in violation of the Applicant rights. Do the provisions of the laws of the Gambia on sedition, criminal libel and false news publication constitute an infringement on the human rights of the plaintiffs as alleged? The Plaintiffs urge this Court to declare sections 51, 52, 52A, 59, 173A, 179, 180, 181 and 181A of the Criminal Code, Cap 10:10 of 2009 Laws of The Gambia inconsistent with and a breach of The Gambian obligations as a member of ECOWAS to protect Human rights and comply with its international obligations. In urging this court to do this they aver that the defendant in applying the laws interfered with their rights as journalists by instilling fear of potential arrest and 30

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