Justice Department Castigates National Intelligence Agency The Independent (Banjul) December 3, 2001 Posted to the web December 3, 2001 P. K. Jarju & Omar Bah Banjul, the Gambia The National Intelligence Agency have come under heavy judicial rebuke for failing to comply with an order to produce Alhagie Mbye an Independent reporter detained by them for more than one week. Justice A. O. Belgore of the Banjul High Court strongly castigated personnel of the NIA for not holding the decision of the court, which held that it was unconstitutional to detain the journalist for days exceeding the 72-hour limit spelt out by the Gambian constitution. Justice Belgore's curt remarks followed State Counsel Enoma Osaikhuwu's argument that he could not make any physical or telephone contact with NIA personnel that may have led to ushering Mr. Mbye who alleged he was tortured by the NIA to court as ordered by Belgore. Belgore asked him whether NIA personnel were not human beings who could be reached when needed. He added that he could not see any reason why the NIA should not obey the law, adding sarcastically "in fact they are not human beings." Delivering his ruling Belgore stated that Mbye's eight days of detention at the NIA headquarters was unconstitutional because it went beyond the 72- hour limit stipulated in the 1997 Gambian constitution. He said it the reporter's detention was illegal since no affidavit was filed before him by the Attorney General justifying or explaining the reason or reasons behind the NIA action against the journalist who was picked up from his home on Wednesday November 26. "As a result of this", he said, "I therefore order his unconditional release from detention". In their submissions earlier Mbye's counsel, Amie Bensouda had applied for his client's unconditional release from detention on the grounds that he was not charged with any offence, neither has the state given any reason to justify his detention, which she said was a clear violation of his rights. She argued that the constitution guarantees the liberty of the subject and prohibits his detention for over 72 hours without charge and that any further arrest would amount to a further violation of his constitutional rights. Responding, State Counsel Osaikhuwu apologized for the state's failure to produce Mr. Mbye before the court at the requested time, but however objected to Mrs. Bensouda's submission for Mbye's unconditional release, for as he put it, his unconditional release would preempt further investigation by NIA. Justice Belgore overruled his argument on the grounds that no affidavit was put before him by the state explaining his arrest. He told Osaikhuwu that if he wanted to give any evidence he should go to the witness box and testify. The miscellaneous application requesting a High Court order of Habeas Corpus for the state to produce Alhaji Mbye in court was granted on Tuesday, 27 November. The court ordered that the NIA should produce the body of Alhaji Mbye in court on Thursday 29. Everybody was gripped by shock when on the day in question; the NIA defied the court order and decided to rather dump him at the outskirts of their headquarters. Lawyer Amie Bensouda submitted that although no time was indicated in the order, the Attorney General is well aware that the court sits at 9.00 am "There is no doubt that the failure to produce Alhaji Mbye before the court is in contempt of the court", she charged. The matter was stood down until 12 noon that day following the request of the state counsel. Upon the resumption of the court proceedings state counsel Enoma revealed that Mr. Mbye had been released." I am dismayed that the applicant is not in court this morning". He said he discussed with principal state counsel Wowo with the intention of liaising with the respondent so as to secure the body of Mr. Mbye. "He came back to give me word that the applicant has been released. I went to the NIA headquarters but they told me that they were having briefing". Mrs. Bensouda had continued to argue that Alhaji Mbye had not been released. She said he was neither at his home nor at his work place, and that somebody else was receiving his mobile telephone. She further submitted that even if the NIA had released Mr. Mbye, it would be in apparent contempt of the court. She therefore urged the court to invite the Director General of the NIA Kebba Ceesay to explain why he should not be tried for contempt of court. In his ruling, Justice Belgore condemned the respondent's disobedience of the court with impunity. He then gave another order for the Attorney General to produce the body of Alhajie Mbye the following day Friday by 10.00 am. The Attorney General again defied the court order by failing to produce Mr. Mbye in court. He decried the situation as very unfortunate in a democratic state. "The Attorney General should respect the law as the chief law officer of the state", he stressed. Mbye's counsel, Amie Bensouda then confirmed his release and explained how he was picked up by a pedestrian and taken to a clinic following his release. "I leave it entirely in the hands of the court. The order of the court was that he should be brought here by 10.00 am", she maintained. The state again requested for an hour to produce Alhajie Mbye, which was granted. This time, the state lawyer Enoma finally brought him to court.Lawyer Bensouda however revealed that Mbye was detained for eight days before his release and then subsequently detained at 8.30 on Friday. <<//\\>>//\\<<//\\>>//\\<<//\\>>//\\<<//\\>>//\\<<//\\>> 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] <<//\\>>//\\<<//\\>>//\\<<//\\>>//\\<<//\\>>//\\<<//\\>>