international or community obligation of the state as human rights to be observed, promoted,
protected and enjoyed and whether the alleged violations was committed by a member state of the
community."
The powers conferred on the Court, in the 2005 Supplementary Protocol should are
clear and should not be misconstrued as the jurisdiction to exercise or control over
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.
at