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Constitutional Law [2022] AfCHPR 76

Touray and Others v Republic of the Gambia (Application No. 026/2020)

Touray and Others v Republic of the Gambia (Application No. 026/2020) [2022] AfCHPR 76 (24 March 2022)

The Court found that it had jurisdiction over the matter, as the Respondent State is a party to the Protocol and has deposited the required declaration. On admissibility, the Court determined that the applicants' challenge to Section 5 of the Public Order Act had already been settled by the ECOWAS Court of Justice in Ousainou Darboe and 31 others v The Republic of The Gambia, which addressed the same legal and factual issues. The Court held that, although the applicants were not parties to the ECOWAS case, both cases were public interest cases and the identity of parties requirement was satis…

  • Freedom Of Assembly
  • Freedom Of Expression
  • Admissibility Requirements
  • Exhaustion Of Local Remedies
  • Public Order Legislation
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