ECW/CCJ/JUD/08/10 Musa Saidykhan v. The Gambia
In the Community Court of Justice, ECOWAS, Held in Abuja (FCT), Federal Republic of Nigeria

Musa Saidykhan - Plaintiff
v.
Republic of The Gambia....Defendant
Before:
1. Hon. Justice Hansine N. Donli......Presiding
2. Hon. Justice Awa Daboya Nana......Member
3. Hon. Justice Anthony A. Benin......Member

Assisted by Tony A. Nene-Maidoh......Chief Registrar

Dated 16th December 2010

Counsel:

Sola Egbeyinka for the Plaintiff

Martins U. Okoi for the Defendant

Judgment of the Court
Parties

1. The plaintiff is a journalist by profession and a national of the Republic of The Gambia and sues his own
country which is a member state of the Economic Community of West African States (ECOWAS).
The Plaintiff's Case
2. By application filed with this court on 19th November 2007, the plaintiff complained of violation of his
human right to personal liberty, dignity of his person and fair hearing guaranteed by Articles 1, 5, 6 and 7
of the African Charter on Human and Peoples' Rights (ACHPR). From the narration of the facts, the plaintiff
was the Editor of The Independent newspaper based in Banjul, The Gambia. According to the plaintiff, his
newspaper published the names of alleged coup plotters on 21st March 2006. Six days later, to be precise
on 27[[sup]]th March 2006, he was arrested at night by a combined team of armed soldiers and policemen,
without a warrant of arrest. They took him to a detention centre in the headquarters of the National
Intelligence Agency in Banjul. For the next twenty-two (22) days, the plaintiff claimed he was held totally
incommunicado.
3. The facts continue that during those three weeks the plaintiff was not allowed to take a bath, put on
shoes or change his clothes, he was stripped naked whilst electric shocks were administered to his body,
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