It is also on record that the Plaintiffs have rightly appealed against the decision
to the Supreme Court of Liberia- a Court of competent jurisdiction which form
the materials before the Court has discharged and acquitted the Plaintiffs.
This Court cannot determine whether or not the procedure adopted by the trial
court in deciding to admit that piece of evidence is correct or not without
reviewing that judgment. Furthermore the order sought by the Plaintiffs as
reproduced above is for a reversal of the said judgment which this Court has
no competence to do.
In Bakary Sarres case where a similar application was brought, this Court
after analyzing the case of the Plaintiffs and finding that the applicants seek
that the Court sit afresh, by examining judgments No 116 of the Supreme
Court of Mali and order a reversal of the pronouncement made by the said
Supreme Court in connection with the administrative proceedings concluded:
That it can be deduced from the application filled by Mr. Bakery
Sarre and 28 others against The Republic of Mali ……. seeks to
project the Court of Justice of ECOWAS as a court of cassation
over the Supreme Court of Mali. Viewed from that angle, the
Honourable Court declares that it has no jurisdiction to adjudicate
on the matter.
In line with the above reasoning and in view of the above analysis, the Court
holds that the action of the Plaintiff’s fails as none of their rights under the
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