MFWA Reacts to Gambian Government’s Stance On Chief Ebrima Manneh’s Disappearanc

April 22, 2009

Chief Ebrimah Manneh a reporter of the Banjul-based ‘Daily Observer’ newspaper has been held incommunicado since his arrest on July 7, 2006 by the agents of National Intelligence Agency (NIA).

In April 2007, the Media Foundation for West Africa (MFWA) brought an action at the ECOWAS Community Court of Justice against the Government of the Republic of The Gambia for and on behalf of Chief Ebrimah Manneh, for the violation of his fundamental human rights of freedom from arbitrary arrest and detention, for an order directed at the Government of the Gambia to release him forthwith; and for damages for arbitrary arrest and detention.

The Attorney General and Minister for Justice, Mary Saine Firdaus, on Monday, April 6, 2009, while responding to questions from Gambian legislators on the Gambian government’s failure to respect the judgment of the ECOWAS Community Court of Justice ordering the release of Chief Manneh, said: “As far as my office is concerned, the family members of Chief Manneh and their cohorts, did not take legal action against the Government in the High Court in accordance with law and procedure against the alleged unlawful detention of Chief Ebrimah Manneh by agents of the state security apparatus, the ECOWAS Court was created by treaty and is subject to application of certain rules and procedure, one of which is the exhaustion of local remedies”

Though the Government of The Gambia was formally notified of the action and served with all legal processes, the Government of The Gambia refused to enter appearance to the action and to file any processes in its defence against the action. Presumably it may have been advised that as all domestic remedies in the Republic of Gambia had not been exhausted, the Community Court lacked jurisdiction to hear the matter. On this point of jurisdiction and exhaustion of local remedies, more anon. That may explain the failure of the Republic of Gambia to defend the suit.

Be that as it may, the legal position is that the Community Court of Justice was established pursuant to the provisions of Articles 6 and 15 of the 1993 Revised Treaty of the Economic Community of West African States. It was only set up a decade later in 2001. The Protocol establishing the Court was itself signed by the Heads of State and Government of ECOWAS countries on July 6, 1991 and came into force on November 5, 1996.  The seat of the Court is in Abuja, Nigeria, though the Court may hold its sittings anywhere within the Community it deems convenient. Subsequent to the original Protocol, a Supplementary Protocol was adopted by the Heads of State and Government of the ECOWAS countries in January 2005 at the ECOWAS Summit in Accra, Ghana.  The Supplementary Protocol amended the original Protocol granting individuals and non-State entities access as claimants to the ECOWAS Community Court of Justice.

While under the original protocol access to the court was restricted to member states only, this limitation has since been removed by Article 10(d) of the Supplementary Protocol which permits individuals and corporate bodies to initiate action against the act or inaction of Community officials and member states which violate the rights of individuals or corporate bodies under the ECOWAS Treaty. The Supplementary protocol also grants access to individuals and corporate bodies to apply for relief for the violation of fundamental human rights. It is under the provisions of Article 10 (d) of the Supplementary Protocol that the MFWA brought its action against the Government of the Republic of The Gambia.

On the question of whether or not an applicant to the Community Court of Justice must demonstrate that local remedies have been exhausted, by the provisions of Article 10(d), the only prohibition is that the application should neither be anonymous nor be before another international court for adjudication.  There is accordingly no requirement that local remedies should be exhausted. Consequently, the Community Court rightly heard the matter and delivered its judgment as follows:

(1) That the Government of The Gambia release Chief Ebrimah Manneh forthwith

(2) That the Government of The Gambia pay to Chief Ebrimah Manneh as compensation for arbitrary arrest and detention the sum of one hundred thousand US dollars (US$100,000.00).

This judgment was served on the Government of The Gambia since 2008 but till date it has flagrantly refused to abide by its terms, although the Republic of The Gambia is a signatory to the ECOWAS Treaty and revised Treaty, and to the Protocol establishing the Community Court of Justice and to the Supplementary Protocol.

The objection raised by the Attorney General of the Gambia is thus, with respect, without merit.

Issued by the MFWA, Accra on April 22, 2009. 

The MFWA is a regional independent, non-profit, non-governmental organization based in Accra. It was founded in 1997 to defend and promote the rights and freedom of the media and all forms of expression.  For further information, please Contact:

Prof. Kwame Karikari
Executive Director
MFWA
P.O. Box LG 730,
Legon
Accra, Ghana
Tel 233-21 242470
Fax 233 -21 221084
Email: mfwa@africaonline.com.ghThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it
Website: www.mediafound.org 

Yahya Jammeh, Chief Manneh & Justice Minister Saine Firdaus