By Akaleke, Our Banjul Correspondent


Samba Bah the former Interior Secretary of  State is accused of spying,
terrorism and economic crimes. Appearing at the high court yesterday,  the
former SOS who appeared quite for the whole proceedings was represented by
leading Gambian lawyer Antouman Gaye. Mr.Gaye , who cited various legal
authorities deplored what he called the unconstitutional detention of his
client Samba Bah.

He said " thought my client is suspected committing crimes such as
terrorism, spying and economic crimes, it is still wrong to detain him
more than the stipulated time of 72 hours under the 1997 constitution".
Lawyer Gaye cited for the continuous detention of his client and said his
constitutional rights has been violated.  Lawyer Gaye went further to cite
section 19 (1,2,3) which he said guarantees his client to be bailed. He
said " the writ of "habeas corpus" is a writ of right and for a bail to be
admitted"

In response, chief Akomaye Agim the Director of  Public Prosecution
admitted all  what lawyer Antouman Gaye alluded to but pointed out that
"section 19 (1) guarantees every Gambian the right to be bail or charges
be brought against him or her before the  72 hours as stipulated in the
1997 constitution"  He went on to add  "despite  Mr bah not been charged,
but his suspected crimes are capital offences under section 3 (1) of the
Anti terrorism Act, and due to the nature of the crimes he should not be
bailed,  as he may tamper with the investigation which is in progress"
DPP Agim also cited section 67 of the Anti Terrorism Act of 1997 and other
sections  of the constitution to  justify his arguments.  Agim urged the
presiding judge not to grand Mr.Bah  bail,  insisting that there are
possibilities that the jailed former NIA chief might tamper with the state
investigations. The hearing is expected to continue this morning.

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