In BADINI SALFO V THE REPUBLIC OF BURKINA FASO JUD NO: ECW/CCJ/JUD/13/12, the Court while relying in its judgment in CNDD v. COTE D’ IVOIRE (2009) Para 55, and PROF. ETIM MOSES v. REP OF GAMBIA, (2007) Para 31, held that: “Equality before the law presupposes that equal treatment is accorded people finding themselves in similar situations. Thus, examining the allegation of the violation of the principle of equality requires that, at least two similar legal situations be put side by side as to compare and find out whether an ill treatment was concretely meted out to either one or both of them”.
EXPERT IS PERMITTED TO GIVE AN OPINION BASED ON HEARSAY
Para. 40: “It is common knowledge that an expert’s opinion is usually based on his training and experience. In law an expert is permitted to give an opinion on the basis of hearsay information, provided that it relates to specific matters of which he does have personal knowledge. Thus a doctor can give evidence of what he was told by a patient about his condition for the purpose of evaluating his diagnosis; though his testimony is inadmissible to show what symptoms were actually being experienced by the patient; see R. V. Bradshaw (1985) 82 Cr. App. R. 79, CA.”
— Saidykhan v GAMBIA (2010) – ECW/CCJ/JUD/08/10