awarded the sum of Fifty Thousand United States Dollars [US$50 000.00] or its
equivalent in Dalasi
DECISION OF THE COURT
1. The Court has found that the Plaintiff’s trial by the trial judge who was
undergoing some corruption allegation proceedings before him was a
violation of his human rights to fair trial.
2. Whereas the 1997 Constitution of Gambia provides the methods of initiating
proceedings for the removal of a Supreme Court Judge, and whereas the
provision requires the tribunal to conduct independent investigations before
making a conclusion, and whereas the Defendant has not complied with this
requirements, the Court in considering the texts creating the Gambian
Superior Court of Judicature and in line with the principles of fair trial
enshrined in International Instruments particularly UDHR and ACHPR, has
found that the acts of the Defendant relative to the Plaintiff’s removal from
office, trial and conviction were biased, lacking in independence, amounts to
non-compliance with due process and in breach of natural justice and
thereby constitute a gross violation of the Plaintiff’s right to fair trial.
3. The Court awards the plaintiff nominal damages for violation of his rights to
fair hearing and for his incarceration as prayed for considering the fact that
the findings of the court are restorative enough to give just satisfaction to
the Plaintiff and clear any impediment in his efforts to secure employment.
4. The Court finds that there is justification for payment of Plaintiff’s Attorney’s
fees as a successful Attorney since the Plaintiff has not been working after
his removal from office and may be constrained in meeting the financial
obligations of his attorney.
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