preliminary plea on the competence of the Court to the merits of the case, in accordance with Article 87 of
the Rules of Procedure.

Presentation of the Facts and Procedure
5. The Applicant, who was a Lecturer at the University of Gambia filed his Application on 18th November,
2005 at the Registry of the Community Court of Justice. He states therein that by a letter referenced
FCTC/GTA/ASD/GAB/77 dated 24th September, 2001, he was recruited by the Commonwealth Secretariat,
through the Commonwealth Fund for Technical Co-operation (FCTC), as a Technical Consultant, on a
two-year lectureship contract at the University of Gambia, for the State of Gambia. The said employment
consisted of giving lectures at the Medical School of the above University. The Applicant accepted the
employment and exercised his fin 7th February, 2002 to 4th February, 2004.
6. As his contract was coming to an end, the Defendants approached the Applicant and proposed to him to
continue with his services, promising him the renewal of his contract by the Commonwealth Secretariat.
7. The Applicant thus continued to exercise his functions to the benefit of the University of Gambia without
being paid, and this situation persisted till the 13th day of October, 2004, when he addressed a letter to the
University of Gambia claiming his salary arrears.
8. The University of Gambia then replied that the steps taken towards the renewal of his contract by the
Commonwealth did not succeed, and as such, his salaries could not be paid to him upon the
Commonwealth salary scale, but rather on the scale applicable to the University Lecturers, i.e. in Dalasis
(the Gambian currency).
9. The Applicant stood against it, and the University of Gambia terminated his employment by notifying him
of the non-renewal of his contract as from 26th January, 2005.
10. On 14th February, 2005, the University of Gambia wrote a letter to the Applicant concerning the
settlement of the salary arrears, calculated in Dalasis, plus an amount of US$ 6,000 representing an
additional salary.
11. The Applicant received the amount of US$ 6,000 and rejected the sums of money in Dalasis. On 18th
November, 2005, he filed his Application at the Community Court of Justice, seeking from the Court the
following orders:
(a) A Declaration that the action and conduct of the Republic of Gambia and the University of Gambia, in
engaging him (the Applicant) for the services of a Technical Consultant, from 5th February, 2004 to January
26th, 2005 (1 year), without equal salary for the said services, amounts to economic exploitation and a
violation of his right of being paid for equal work.
(b) A Declaration that the Applicant is entitled to equal payment for equal work or services rendered to the
Republic of Gambia and the University of Gambia, during the period from 5 February 2004 to 26 January
2005, upon the same terms and conditions as was recruited by the Commonwealth Secretariat.
(c) A Declaration that the action and conduct of the University of Gambia as described in the facts of the
case, violate Article 5 and 15 of the African Charter on Human and Peoples' Rights as well as Article 23(2)
× 2. Everyone, without any discrimination, has the right to equal pay for equal work.
and (3)
× 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his
family an existence worthy of human dignity, and supplemented, if necessary, by other means of social
protection.
of the 1948 Universal Declaration of Human Rights, both texts having been signed and acceded to by the
Republic of Gambia.
(d)The issuing of an Order of payment to the Republic of Gambia and the University of Gambia compelling
them, by obligation, to pay to the Applicant such sums as claimed in Pounds Sterling or Dollars, plus the
sum of US$ 100,000.00 in damages US$ 10,000 in judicial processing fee.
12. The Defendants raised a Preliminary Objection, contending as follows:
(a) That the Application is inadmissible, for having omitted to summon the Commonwealth Secretariat as a
party to the Case.
2

Select target paragraph3