The ECOWAS Community Court of Justice on December 3, 2024, ruled in favor of Gambian lawyer and diplomat, Mr. Melville Roberts, upholding his right to work while dismissing his claims of violations of presumption of innocence, fair trial, and human dignity.
In suit number ECW/CCJ/APP/65/21, Mr. Roberts, represented by human rights lawyers Femi Falana and Marshal Abubakar, argued that a media campaign following accusations of rape violated his rights. He claimed that both state and non-state actors contributed to the “media trial,” which led to his suspension from the Gambian Foreign Service, causing reputational and psychological harm.
The court rejected his claims regarding fair trial and dignity, noting that statements made by a government official on a private social media account could not be attributed to the Gambian state. “The Applicant’s assertion of a media trial does not establish state responsibility,” the court stated.
However, the court found that the four-year delay by Gambian authorities in concluding the investigation violated Mr. Roberts’ right to work, as it prevented him from resuming his career and earning a livelihood. As a result, The Gambia was ordered to pay $10,000 in compensation and take immediate action to either prosecute or discontinue the criminal proceedings.
The three-judge panel, comprising Justices Ricardo Cláudio Monteiro Goncalves (presiding), Dupe Atoki, and Edward Asante, directed both parties to bear their legal costs.
