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Momodou
Denmark
11829 Posts |
 Posted - 28 Sep 2007 : 18:30:03
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Foroyaa Editorial
No Respect for ECOWAS Court
If the conduct of the government of the Gambia is to go by, its respect for the ECOWAS Community Court of Justice leaves much to be desired. It has persistently failed to appear before this court to give it's own side of the story relating to the violation of the human rights of Chief Ebrima Manneh.
On 19 January 2005, Yahya A.J.J. Jammeh, President of the Republic of The Gambia was among 15 Heads of State and Governments that appended their signatures to the Supplementary Protocol that amended the 1991 Protocol on the Community Court of Justice. Article 9 paragraph 4 of this Supplementary Protocol states:
"The (Community) Court has jurisdiction to determine cases of violation of human rights that occur in any member state."
The Government of The Gambia was summoned to defend itself against an allegation of violation of the human rights of Chief Ebrima Manneh of Daily Observer. No legal representative appeared on behalf of The Gambia Government on 16 July and 26 September. Does this show respect for the community court or the Supplementary Protocol that was signed?
Even where the issue of jurisdiction arises a competent lawyer who respects the law will not boycott the court but will raise the issue in court. There can be no excuse for the government not to appear in court to defend its human rights records. In fact many can interpret such acts as evading the courts because it has nothing to defend.
Now the question arises:
How will the Government respond to the verdict? On 20 November the Community Court will deliver its verdict. According to Article 19 paragraph 2 of the protocol on the Community Court of Justice (1991) the decisions of the court "shall be final and immediately enforceable." Will the Gambia Government respect the verdict of the court or will it simply treat the Protocol and the Community Court as thrash? Let us wait for November 20.
Source: Foroyaa Newspaper Burning Issue
Issue No. 114/2007, 28 - 30 September, 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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