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Momodou
Denmark
11771 Posts |
 Posted - 30 Jan 2007 : 14:10:41
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GOV’T DEFIES COURT ORDER
The Gambia Government is yet to comply with a court order to release Tamba Fofana, headmaster of Kudang Lower Basic School, Central River Region. Tamba was arrested about a week before the September 22nd 2006 presidential election. He has been detained at various police stations in the country and at the time of going to press he is detained at Fatoto in the extreme Eastern part of the country. The spokes person of the police declined to comment, noting that he knew nothing about the matter. The Attorney General on the other hand insists that FOROYAA writes before he would respond.
No statement has ever been issued by the government concerning the arrest and detention of Mr. Fofana. Reports have it that he has not even been charged.
After waiting from September to December without any clear information from security forces on the fate of Tamba Fofana, his relatives filed an application for his release at the High Court on 21st December 2006. The application was heard by Justice Ota.
In their application the relatives sought for the following orders on behalf of their dear one, Tamba Fofana:
1. A declaration that the continued detention of the applicant since the 13th September 2006 without a court order is unconstitutional
2. That the applicant be released forthwith from custody pending the determination of any charges that may be preferred against him, or in the alternative
3. That the applicant be released from custody upon entering into recognizance with or without sureties condition for his appearance before any court where any charges preferred against him is to be heard.
4. That the applicant be admitted to bail pending the determination of any such charge.
In her ruling, justice Ota noted that there was no representation for the State in spite of the fact that the Attorney General’s Chambers was duly served as evidenced by the proof of service attached to this case file. There is also no affidavit in opposition of this application. According to the judge, after she had carefully considered the totality of the applicant’s application and she found that it had merits. She recalled that Tamba Fofana had been arrested and detained since the 13th of September 2006. She noted that he had been in detention up till date contrary to Section 19 of the constitution and Section 99 of the Criminal Procedures Code; that up till then there had been no charge pending against him, he had not been brought to court and no explanation whatsoever had been given for his continued detention.
The Honourable Justice of the High Court then concluded as follows:
“In the circumstances I find that he is entitled to be released. This court will however exercise its discretion to release him on bail, so as to avail the investigating authorities’ access to him whenever they need him in the lawful investigation and prosecution of any allegation or charges that may be preferred against him.”
The court therefore ordered for Tamba Fofana to be released on bail in the sum of D50,000 with two sureties in the like sum to deposit title deeds. The bail conditions had long since been fulfilled but Tamba Fofana still languishes in custody. Some say he in internal exile.
Source: Foroyaa Newspaper Burning Issue
Issue No. 011/2007, 29-30 January, 2006
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A clear conscience fears no accusation - proverb from Sierra Leone |
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