Samba Bah’s Case: Flagrant Violation of the Constitution
Monday 7th November 2005

By Osman Kargbo

Since his arrest and detention on 17 October this year, Mr Samba Bah, former Secretary of State for the Interior, could not be released or charged till he came out of detention to institute a lawsuit at the High Court against the State for his arbitrary detention.

Lawyer Antouman Gaye, Mr Bah’s counsel, told the court that “It is a flagrant violation of Section 19 sub-Section 1 of the Constitution of The Gambia” to keep someone under arrest and in detention for over 72 hours without being charged or released.”

Counsel Gaye was reacting to an application for adjournment of the case by the State counsel, who told the court that she received the charge sheet very late and that she had to write to the police to clarify some modalities before she could proceed with the matter.

She added that the delay in finishing her groundwork was also due to a workshop for the judiciary they were attending the week before the case started.

However, Counsel Gaye also told the court that instead of the state counsel being apologetic for the setback of the case, she went to the court only to apply for adjournment, which, according to him, meant “keeping Mr Bah in further detention to languish in prison.” He therefore called for his release pending the police clarification being sought by state counsel.

In his intervention, Justice Savage, the High Court Judge presiding over the case, subscribed to Counsel Gaye’s appeal but asked him to exercise restraint since the state counsel had promised to face or defend the case the next day, if it was not going to be a holiday or Monday ,7 November. The case was therefore adjourned accordingly.
Hearing continues today at the High Court at 9:30am.





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