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. _________________________________________________________________ Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp <<//\\>>//\\<<//\\>>//\\<<//\\>>//\\<<//\\>>//\\<<//\\>> To view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html To contact the List Management, please send an e-mail to: [log in to unmask] <<//\\>>//\\<<//\\>>//\\<<//\\>>//\\<<//\\>>//\\<<//\\>>