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ECOWAS COURT DELIVERS JUDGMENT IN MELVILLE ROBERTS V THE GAMBIA CASE, UPHOLDS CITIZEN’S RIGHT TO WORK
ECOWAS COURT DELIVERS JUDGMENT IN MELVILLE ROBERTS V THE GAMBIA CASE, UPHOLDS CITIZEN’S RIGHT TO WORK
By: Michael Mike
The Community Court of Justice, ECOWAS on 3 December 2024 upheld the right to work of a Gambian lawyer and diplomat Mr Melville Roberts but dismissed his claims regarding violations of his rights to presumption of innocence, fair trial, and human dignity including freedom from mental torture.
In the initiating application with suit number ECW/CCJ/APP/65/21 the Applicant, Mr Roberts, through his lawyers Messrs Femi Falana and Marshal Abubakar alleged that he was subjected to smears and a “media trial” following accusations of rape by women with whom he had prior relationships. He contended that the smear campaign and media trial by state and non-state actors, and his suspension from the Gambian Foreign Service violated his rights to presumption of innocence, fair trial, work, and freedom from mental torture.
The lawyers for Mr Roberts filed for default judgment after the Respondent, The Gambia, failed to respond to the Application within the stipulated time under the Rules of the Court.
In its findings, the Court noted that statements made by an alleged government official on his private social media account condemning rape and calling for an investigation into the allegations cannot be attributed to The Gambia. The Court concluded that “the Applicant’s claim that the Respondent violated his rights to a fair trial, dignity and freedom from torture or degrading treatment through a media trial is not well founded as the said media trial cannot be attributed to the Respondent.”
On the alleged violation of his rights to presumption of innocence, equality and work, the Court held that Mr Roberts’ suspension during the investigation into the rape allegations was a standard administrative practice and did not amount to a violation of his rights. However, the Court found that the prolonged delay of about four years by the state in acting on the Investigation Report violated his right to work as it hindered his ability to earn a living. It therefore ordered The Gambia to pay 10,000 USD in the equivalent of its local currency as compensation for the violation of the Applicant’s right to work. The Court also ordered The Gambia to take a definitive action on the prolonged criminal investigations of the Applicant, either by initiating prosecution or formally discontinuing the criminal processes against him.
Both parties were directed to bear their own legal costs.
The panel of the Court that heard the case were Honourable Justices Ricardo Cláudio Monteiro Goncalves (presiding), Dupe Atoki (panel member) and Edward Asante (judge rapporteur).
Security forces foil kidnapping attempt at Government Girls’ College in Bauchi
By: Zagazola Makama
Security forces have foiled an attempted kidnapping at Government Girls’ College in Bauchi, Bauchi State, in the early hours of Saturday, sources said.
The incident reportedly occurred at about 4:42 a.m. on March 15 when unidentified persons attempted to gain entry into the school premises through the fence near the staff quarters.
Security personnel on guard duty, supported by a patrol team, responded swiftly to the situation. On sighting the approaching officers, the suspected kidnappers abandoned their mission and fled the area.
The development caused brief panic within the school as students raised alarm and ran within the premises. However, no student was harmed or molested during the incident.
Police said the situation has been brought under control, while the school premises remain under close surveillance. Investigations are ongoing to identify and apprehend the suspects.
Security forces foil kidnapping attempt at Government Girls’ College in Bauchi
Man rescued by security forced after abduction in Fika, suspects flee
By: Zagazola Makama
A 35-year-old man, Haruna Abdul, was rescued unhurt after being abducted from his residence in Fali Village, Gashinge, Fika Local Government Area of Yobe State, security sources confirmed on Monday.
The incident, which occurred on March 14, involved unknown assailants armed with bows, arrows, and matches, who reportedly invaded Abdul’s home and forcibly abducted him.
During the attempted transport of the victim to an undisclosed location, police and vigilante groups promptly pursued the kidnappers to Gubana in Fune LGA, Yobe State.
The kidnappers reportedly abandoned Abdul along with a seized motorcycle, described as kasere red in color without registration number, before fleeing into the bush.
The victim has since been reunited with his family, while authorities continue efforts to apprehend the fleeing suspects for prosecution.
Man rescued by security forced after abduction in Fika, suspects flee
Stray bullet injures man in Tsafe following dispute involving military personnel
By: Zagazola Makama
A 38-year-old man sustained gunshot injuries in Tsafe Township, Tsafe Local Government Area of Zamfara State, after a misunderstanding involving a military personnel attached to Operation FANSAN YANMA.
Sources said the incident occurred at about 8:45 p.m. on March 14 in the Sahara area when the military personnel, who was in possession of a serviceable rifle, attempted to apprehend one of several youths from Sabon Fegi area.
According to sources , the youths resisted and overpowered the soldier, who reportedly fired his rifle to escape. A stray bullet hit a passerby, identified as Abdulrazak Abdullahi Kayode, in the stomach.
The injured man was initially taken to General Hospital Tsafe before being referred to Federal Medical Centre, Gusau, for further treatment.
Sources said the situation has been brought under control, and investigations into the incident are ongoing.
Residents have been urged to remain calm while authorities look into the circumstances surrounding the incident.
Stray bullet injures man in Tsafe following dispute involving military personnel
Security forces foil kidnapping attempt at Government Girls’ College in Bauchi
Man rescued by security forced after abduction in Fika, suspects flee
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