publication of false news and uttering seditious words. On the 18" of August 2008,
the 3" applicant was convicted on all counts and sentenced to a GMD 250, 000 fine
to be paid within two hours or four years’ imprisonment with hard labour on default
of payment.
Upon satisfying the conditions, she fled the Gambia for fear of being
re-arrested as this has been the case with other journalists.
Statute of limitations are laws promulgated by legislative bodies, local, national
or
international which sets the maximum time within which legal proceedings may be
initiated or commenced. Where the period stipulated in a limitation statute lapses, a
claim for reparation for the wrong suffered may not be filed and where filed is liable
to be struck out as having become statute barred. In that case, a litigant is said to
have lost his right of action despite the existence of a course of action, thus depriving
a Court the jurisdiction to entertain the claim. Article 9(3) of the Supplementary
Protocol of this Court provides that:
'
"Any action by or against a community institution or any member of the Community shall be
statute barred after three (3) years from the date when the right of action arose,"
Article 9(3) of the English Version of the Supplementary Protocol of this Court has
on the face of it placed a three year limitation period on all actions brought against
a Member
State of the Community
or against the Community
20
or any
of its