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

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