24th day of May 2017
The Honourable Attorney General
And Minister of Justice of the Gambia
Attorney General’s Chambers & Ministry of Justice
The Republic of The Gambia
Marina Parade
Banjul
Through:
The Gambia High Commission
No.7, Misratah Street
Off Parakou Crescent
Wuse II
Abuja.
REQUEST FOR COMPLIANCE WITH TWO JUDGMENTS OF THE COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES IN:
- Suit No: ECW/CCJ/APP/04/07
CHIEF EBRIMAH MANNEH
AND
THE REPUBLIC OF THE GAMBIA
- SUIT NO: ECW/CCJ/APP/11/07
MUSA SAIDYKHAN
AND
THE REPUBLIC OF THE GAMBIA
We are Solicitors to the Media Foundation for West Africa on whose we instituted two cases before the Court of Justice of the Economic Community of West African States sitting in Abuja, Nigeria. The details of both cases are set out below:
- In Suit No: ECW/CCJ/APP/04/07 BETWEEN CHIEF EBRIMAH MANNEH V REPUBLIC OF THE GAMBIA we challenged the arrest and detention of the plaintiff by the National Intelligence Agency. The defendant filed a preliminary objection against the jurisdiction of the court to entertain the human rights case, but objection was dismissed by the Court. In its judgment in the substantive suit delivered on the 5thday of June 2008 the court held declared the arrest and detention of the plaintiff illegal, ordered his immediate release from custody and awarded him damages of $100,000.00 (One hundred thousand United States Dollars).
As we sought to enforce the judgment by seeking the immediate release of the plaintiff from further detention the defendant turned round to inform the court that the plaintiff could not be located in any of the prisons and detention centres in The Gambia. In the circumstance, we had initiated legal measures in the court to compel the ousted Yayah Jameh regime to account for the disappearance of the plaintiff in the custody of the National Intelligence Agency before the recent change of government in The Gambia.
In Suit No ECW/CCJ/APP/11/07 BETWEEN. MUSA SAIDYKHAN V REPUBLIC OF THE GAMBIA the plaintiff challenged his arrest, detention for 22 days by the National Intelligence Agency without any legal basis. In its judgment handed down on the 16 day of December 2010 the Ecowas Court granted the reliefs sought by the plaintiff and awarded him reparation of $200,000.00 (Two hundred thousand United States Dollars).
In the light of the foregoing and in line with the commitment of the Adama Barrow administration to restore the human rights of the people of The Gambia under the rule of law we hereby urge you to use your good offices to ensure immediate complianve with both judgments. Apart from asking for payment of the judgment sum of $300,000.00 (three hundred thousand dollars only) we request the Government to institute an inquiry into the disappearance of Chief Ebrimah Manneh under the Tribunal of Enquiry Act.
Kindly find attacked the certified true copies of both judgments of the Ecowas Court for your necessary attention and urgent action.
Yours Sincerely,
Femi Falana, SAN
