ECOWAS Court Upholds Gambian Diplomat’s Right To Work, Dismisses Other Claims

Banjul, Gambia – December 3, 2024 – The Community Court of Justice of the Economic Community of West African States (ECOWAS) has ruled in favour of Gambian lawyer and diplomat Mr. Melville Roberts, upholding his right to work but rejecting his claims of violations of his rights to presumption of innocence, fair trial, and freedom from torture.

The case, ECW/CCJ/APP/65/21, saw Mr. Roberts, represented by prominent lawyers Messrs Femi Falana and Marshal Abubakar, allege a smear campaign and “media trial” following accusations of rape.

He claimed these actions, coupled with his suspension from the Gambian Foreign Service, violated his fundamental rights.

A default judgment was sought after The Gambia failed to respond to the application within the stipulated timeframe.

In its judgment, delivered by a panel comprising Honourable Justices Ricardo Cláudio Monteiro Goncalves (presiding), Dupe Atoki, and Edward Asante, the Court dismissed Mr. Roberts’ claims regarding a “media trial.”

The Court stated that statements made by an alleged government official on social media could not be attributed to the Gambian state and, therefore, did not constitute a state-sponsored violation of his rights.

Similarly, the Court found that Mr. Roberts’ suspension during the rape investigation was standard administrative procedure and did not violate his rights.

However, the Court found merit in Mr. Roberts’ claim regarding the violation of his right to work.

The Court noted that the four-year delay in the state’s action on the investigation report significantly hampered Mr. Roberts’ ability to earn a livelihood.

Therefore, The Gambia was ordered to pay Mr. Roberts US$10,000 (in local currency equivalent) in compensation.

Furthermore, the Court directed The Gambia to take definitive action on the prolonged criminal investigations against Mr. Roberts, either by initiating prosecution or formally discontinuing the proceedings.

While the Court acknowledged the seriousness of the allegations against Mr. Roberts, it ultimately concluded that the Gambian government’s handling of the situation, aside from the prolonged delay affecting his employment, did not constitute a violation of his other claimed rights. Both parties were ordered to bear their legal costs