Gambiaj.com – (ABUJA, Nigeria) – The Community Court of Justice of the Economic Community of West African States (ECOWAS) has ruled in favor of Gambian lawyer and diplomat Melville Roberts, ordering The Gambia to compensate him $10,000 for violations of his right to work.

The decision, delivered on December 3, 2024, also instructed the state to resolve its prolonged criminal investigation into Roberts, either by prosecuting or formally discontinuing the case.

Roberts, represented by renowned Nigerian lawyers Femi Falana and Marshal Abubakar, brought the case to the court (Suit No. ECW/CCJ/APP/65/21), alleging multiple rights violations. He argued that accusations of rape by women with whom he had prior relationships subjected him to a smear campaign and “media trial” by both state and non-state actors, resulting in his suspension from the Gambian Foreign Service.

He claimed these actions violated his rights to presumption of innocence, fair trial, dignity, and freedom from mental torture.

Roberts sought a default judgment after The Gambia failed to respond to the application within the stipulated time under the court’s rules.

Court Findings

In its judgment, the ECOWAS Court dismissed claims regarding Roberts’ rights to presumption of innocence, fair trial, and freedom from mental torture, concluding that these allegations were not substantiated.

The court noted that comments made by a purported government official on a private social media account condemning rape could not be attributed to the state. It stated, “The Applicant’s claim that the Respondent violated his rights to a fair trial, dignity, and freedom from torture or degrading treatment through a media trial is not well-founded as the said media trial cannot be attributed to the Respondent.”

The court also held that Roberts’ suspension during the investigation was a standard administrative procedure and did not constitute a violation of his rights to equality or presumption of innocence.

However, the court found merit in Roberts’ claim regarding his right to work, ruling that the state’s four-year delay in acting on the investigation report unjustly hindered his ability to earn a living.

Orders and Compensation

The court directed The Gambia to pay $10,000, in the local currency equivalent, as compensation for the violation of Roberts’ right to work. It further instructed the state to either proceed with prosecution or formally discontinue the criminal investigation.

Both parties were ordered to bear their own legal costs.

The judgment was delivered by a panel comprising Honourable Justices Ricardo Cláudio Monteiro Goncalves (presiding), Dupe Atoki, and Edward Asante (judge rapporteur).

The ruling underscores the importance of timely action by state authorities in resolving investigations and reaffirms the ECOWAS Court’s role in safeguarding individual rights within the region.