This is indeed great news. We must commend the likes of Lawyer Ousman Sillah
who put their lifes on the line to ensure that a semblance of the rule of
law prevails in our beloved country. My posting last night on the powers of
the Coroner and suggestions as to how to move forward with those
investigations was a manifestation of how large this cause we are fighting
far is. There is room here for the Saines, Tourays, Collys, Jattas, Damphas,
Njies, Robinsons, Johs, Gassamas, Jassehs etc. This cause is bigger than our
individual self interests. And we must all remember that none of us have
intellectual property rights in the truth and what is best for The Gambia.
Our main focus should be TO GET RID OF YAYA BY ANY MEANS NECESSARY. The
Tombongs of this world are just side shows that should be given minimum
regard.
>From: foroyaa <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: High Court Orders the Release of 20 Students
>Date: Wed, 26 Apr 2000 23:12:20 +0100
>
>HIGH COURT ORDERS THE RELEASE OF 20 STUDENTS
>
>Following the events of 10 April 2000, many student were arrested and
>detained. Some were released, but some were still detained.
>
>On 20 April 2000, The Gambia Student Association filed an originating
>summons against the Inspector General of Police and the Attorney General
>seeking for the following declarations and orders:
>
>a) A declaration that the arrest and detention of Pa Alasan Ceesay,
>Sainabou
>Jaye, Lamin Jobe, Alajie Camara, Ebrima Daffeh, Abdou Sonko, Kaddy Njie,
>Musa Jobarteh, Omar Joof, Nakulang Ceesay, Baboucarr Ann, Alieu Khan,
>Baboucarr Jonga, Alajie Darboe, Lamin Jadama, Abdou Sonko, Lamin Touray,
>Alieu Krubally, Kebba Jallow and Janko Dibba is wrong, and is in
>contravention of the constitution;
>
>b) An order directing the unconditional release of these 20 students by the
>Inspector General of Police and the Attorney General without further delay;
>
>c) An injunction against the Inspector General of Police, his agents and
>servants prohibiting them from interfering or in any way fettering the
>liberty of these 20 students.
>
>Hearing took place at the High Court before Justice Sey on Wednesday, 26
>April 2000.
>
>The Director of Public Prosecution, Ms Atiba Davies represented the
>Attorney
>General and the Inspector General of Police while the applicant was
>represented by a team of lawyers led by Mr Ousman Sillah.
>
>When the case was announced, Ms Atiba Davies applied for an adjournment
>because, as she said, she received the application the day before. The
>judge
>turned down the application on the ground that what was before her was not
>a
>motion but an originating summons and that the issue concerned fundamental
>rights.
>
>In arguing in support of the motion, Mr Sillah pointed out that the
>application was brought in the form of an originating summons. Under
>sections 5, 17, 19, 21, 24, 25 and 37 of the Constitution, and the
>application was supported by a 31 paragraph affidavit.
>
>Mr Sillah then went through each paragraph. In the end, he noted that the
>alleged torture cases will be addressed in due course.
>
>RULING
>
>In her ruling, the judge ordered the respondents to forthwith release the
>20
>detained students unconditionally; that there should be no interference
>with
>their liberty as they are not charged.
>
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