For those who had despaired, please take courage.  There are still
courageous, decent and fair-minded people still left in The Gambia.  God
bless Justice Hassan Jallow and the panel of Supreme Court judges that
rendered this decision.  Please read on.

Lamin Jeng
-----------------------------

Culled from the Daily Observer.  Thursday, December 6, 2001.


Supreme Court delivers judgement on Ousman Sabally reference case

The Supreme Court of The Gambia led by Justice Hassan Jallow has declared
that it has found that the Indemnity Act was made to forestall Ousman
Sabally’s pending action at the high court against the state. J

ustice Jallow made these remarks in the judgement delivered yesterday at the
Supreme Court in a civil case referred to the Supreme Court for
determination. Justice Jallow disclosed that it was the fundamental right of
Ousman Sabally to have access to the court and get remedy for his already
vested right of action against the agents of the state.

Justice Jallow stated that the Indemnity Act attempted to take away the
fundamental right of the plaintiff, which is against Article 7 of the
African Charter on Human and Peoples Rights. Justice Jallow said it was
thereby found that the Indemnity Act was made to forestall the plaintiff’s
pending action at the high court, where he was claiming damages for the
injury sustained during the April 10 and 11, 2000 student riot. Justice
Jallow directed the action at the high court to continue, as the plaintiff
had instituted the action in furtherance of the exercise of his human rights
under the constitution.

The Supreme Court however awarded the sum of D2,500 as cost to the
plaintiff. Ousman Sabally, a teacher at St. Augustine's Senior Secondary
School, last year sued the agents of the state, claiming the sum of D500,000
in damages for being allegedly assaulted by some state security personnel
during April 10 and 11, 2000 student demonstrations. The matter which was
being heard at the high court presided over by Justice Timothy Kabalata,
referred a motion which was filed by the state, which hinged on the
Indemnity Act made last year, to the Supreme Court for interpretation.

Meanwhile, after hearing both sides of the argument on the Indemnity Act,
the Supreme Court declared that it was the fundamental right of the
plaintiff (Ousman Sabally) to have access to court and get remedy for his
already vested right of action against the agents of the state. The Supreme
Court then directed the high court to proceed with the hearing of Ousman
Sabally’s suit against the state.

The judges were, Justice Hassan Jallow, Justice Wali, Justice Ogbwugbue,
Justice Amua-Sekji and Justice J Akamaba. Ousman Sabally was represented by
Lawyer Hawa Sisay-Sabally and the state was represented by the director of
civil litigations at the Attorney General’s Chambers, Lawyer O J A Olulana
and state counsel Enoma Osaikhwuwu.





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