1) Can this court examine the impugned provisions of the laws of Gambia as
urged by the Plaintiffs.
The Jurisdiction of this Court to determine cases of Human
rights violation is
provided in Article 9(4) and 10(d) of the 2005 Supplementary Protocol.
The Applicants alleged that the Defendant
in enforcing its statutory provisions
particularly sections 51,52, 52A, 59, 178, 179, 180, 181, and 181A of the Criminal
Code and Section 173A of the Information and Communications (Amendment) Act
of the Gambia, violates their rights as journalists. Further, the Applicants state that
the continued application of these laws violates their rights to personal liberty and
as a result of this, they remain in exile till date.
The Defendant however objected to the competence of this court to examine its
national laws.
The question to be addressed at this point is whether this court can examine the
contested
legislation
to determine
if the
legislation
is incompatible
with
and
infringes on the Plaintiffs rights protected under the UDHR, African Charter, ICCPR
and other international provisions to which the Defendant is a party.
In Hissien Habre Vs. Senegal (2010 CCJELR)
pg.65, this Court held:
"that to decide whether or not it has jurisdiction to hear a case,
it has to examine
if the issue
submitted deals with the rights enshrined for the benefit of the human person and arising from the
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