Court Urges State to Tender List of Indemnified Officers




The Independent (Banjul)

June 29, 2001
Posted to the web June 29, 2001

Omar Bah
Banjul, the Gambia

The High Court presided over by Justice Mam-Yasin Sey, has urged state
counsel Joseph Wowo to bring to court the Attorney General's certificate
listing all persons who allegedly committed offences on April 10th and 11th
2000. It also urged it to include the manner of offences they were purported
to have committed.

This was after Ex-Attorney General Hawa Sisay Sabally, the counsel
representing Fa Janko Sawo in the ongoing case for inhumane treatment he
allegedly received from state security officials on April 10th 2000,
submitted that the certificate of the Attorney General be tendered before
the court as exhibit. According to her, section 2 (1) of the Indemnity Act
as amended should be taken into consideration along with Section 6 of the
Parent Act.

When asked about her position on the Indemnity Act, Mrs Sabally said that if
the court upholds her submission on the constitutionality of the Act, then
they will proceed on the case, and if it is rejected, then she would
consider going to the Supreme Court to decide on its constitutionality,
which she said is going to be a judicial precedent.

State Counsel Joseph Wowo, however promised to make the certificate
available before the court on the next adjourned date, so as to enable the
case to proceed.

Meanwhile in another development, in the case of Ousman Sabally versus the
state, which is similar to the case of Fa Janko Sawo, which was heard on
Monday the 25th of June, state counsel Joseph Wowo submitted that there is
no course of action in the nature of the case of the plaintiff, which he
said, the Act makes clear.

He further submitted that the Indemnity Act did not define the words
unlawful assembly, riotous situation, or public disturbance and the judges
are entitled to resort to judicial interpretation.

Justice T.A. Kabalata who presided over the matter said that he would like
to advise himself whether the matter should be referred to the Supreme Court
for interpretation.

The case was adjourned to Monday for ruling.


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