touray et autres c republique de gambie requete n 0262020 2022 afchpr 76 24 mars 2022

touray et autres c republique de gambie requete n 0262020 2022 afchpr 76 24 mars 2022

The Court found the application inadmissible because the legal issue regarding Article 5 of the Public Order Act had already been settled by the ECOWAS Court in a prior case involving public interest claims, thus satisfying the identity of parties and claims requirement for inadmissibility.

Source-derived case information.

Citation
touray et autres c republique de gambie requete n 0262020 2022 afchpr 76 24 mars 2022
Parties
Applicant: Emil Touray; Applicant: Saikou Jammeh; Applicant: Haji Suwareh; Applicant: Isatou Susso; Respondent: Republic of The Gambia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Human Rights Application / Final Judgment
Outcome
application dismissed as inadmissible
Legal Topics
Freedom of Assembly, Freedom of Expression, Exhaustion of Domestic Remedies, Public Order Legislation
Source Language
en
Human Rights Constitutional Law Freedom of Assembly Freedom of Expression Exhaustion of Domestic Remedies Public Order Legislation

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Parties

Emil Touray

Applicant

Saikou Jammeh

Applicant

Haji Suwareh

Applicant

Isatou Susso

Applicant

Republic of The Gambia

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether Article 5 of the Gambian Public Order Act violates rights to freedom of assembly and expression under the African Charter and ICCPR
  2. 2 Whether the application is admissible given prior adjudication and exhaustion of remedies

Ratio Decidendi

The Court found the application inadmissible because the legal issue regarding Article 5 of the Public Order Act had already been settled by the ECOWAS Court in a prior case involving public interest claims, thus satisfying the identity of parties and claims requirement for inadmissibility.

Court Disposition

application dismissed as inadmissible

Orders

  • Court declares itself competent.
  • Court declares the application inadmissible.