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Momodou
Denmark
11855 Posts |
 Posted - 07 Apr 2008 : 20:02:01
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District Tribunal Files Suit Against Villager
By Saikou Ceesay
The Kombo North District Tribunal has filed a suit against one Corporal Ousman Badgie of Lamin village to appear before it (the same court). Corporal Ousman Badgie, a former gendarme, is charged with assault and obstructing a police officer while executing his/her duties at Kunkujang on Wednesday, 5 March, 2008.
Ebrima Badjie, a brother to Ousman Badgie, is involved in a land dispute with a businessman called Modou Sinyan. This matter is already before the district tribunal. Ebrima has alleged in court that he had been detained for 38 hours without charge because of the land dispute.
During the third proceedings of the criminal trial of Corporal Badgie, he indicated that he and his brother, Ebrima Badgie were approached by two men who introduced themselves as the chief’s servants. Mr. Badgie remarked that the men ordered them to halt the construction process, noting that the order came from the paramount chief. He further said that the two men informed them that there is one businessman called Modou Sinyan who he said also claims ownership of the said plot before the district tribunal. The case was adjourned at this stage till Wednesday 16 April 2008.
Source: Foroyaa Newspaper Burning Issues
Issue No. 40/2008, 7 – 8 April 2008
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A clear conscience fears no accusation - proverb from Sierra Leone |
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kayjatta
2978 Posts |
Posted - 08 Apr 2008 : 07:17:29
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These lawsuits are kind of absurd to me. I am not too familiar with the Gambia's judicial system and laws, but it appears strange that a "District Tribunal" (a court) can bring action against some one into the same Tribunal (court). By bringing an action, the Tribunal has become a party (the plaintiff) in the case, yet the same tribunal is going to preside over the same case and make judgment. That does not seem to make legal sense.
Tribunals and courts do not(usually) initiate lawsuits, rather it is the citizens and the state (or other governmental authorities such as cities, and municipalities) that initiate lawsuits. The courts and tribunals are arbitrators; they settle disputes between and among citizens and the state (or city and municipal authorities).
In other for municipal courts or tibunals to exercise their independence, they must be non-parties in the law suit. It kind of defies all sense of fair trial and equal access to the protection of the laws for a party to the law suit also be the trier of law in the same suit.
Of course any court can issue a subpoena that orders a suspect, defendant, witness, etc to appear and testify (testificandum) or produce evidence (duces tecum), but of course that is far different from filing a law suit as we are reading here. I do not know what is going on; may those familiar with the Gambian judicial system can help us... |
Edited by - kayjatta on 08 Apr 2008 07:17:58 |
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shaka
996 Posts |
Posted - 08 Apr 2008 : 17:01:32
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| In Jammeh's Gambia, there are two judicial systems Kayjatta. One empowered by the constitution of the Republic of the Gambia and another operating within a shadow state run by Jammeh's henchmen and surrogates. The later does not differentiate between the functions of a District Authority(council) and a District Tribunal. To them both institutions belong to the Chief with the blessing of the emperor. Therefore he can do whatever he likes with any of those institution. If you fell foul with the authorities in Kombo North you can be sued by the District Tribunal and prosecuted in the Distict Council and vice versa, what ever tickles the chief's fancy. Reporting or Talking about it can land you in Mile Two, so you can express your bewilderment but please stay mute. |
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Janyanfara
Tanzania
1350 Posts |
Posted - 09 Apr 2008 : 03:05:50
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Oh justice Shaka,
Let say if all stay mute as you advised for fear of the now village of mile two, then wouldn't we be giving tribunals the weapon to do as they pleased and thus letting unlawful sentences and blatant unfair judgements passed again creating an environment where the seed of hatred, discord and envy breads,spreading accross the small country.What do you think would then happens if Jammeh suddenly goes out of the picture as head of state? |
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shaka
996 Posts |
Posted - 10 Apr 2008 : 10:07:02
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| "Staying mute" was meant to be a light joke to humour Chief Bojang's recent "decree" that no journalist was allowed to report proceedings he presided over in KDT. By the way i don't even have the most basic Law qualification to pass me for court clerk let alone a magistrate. My debate with Nyari was base on my little understanding of simple English Language. You better stay mute, unless you want a comfortable bed and porridge breakfast(monno) in Mile Two. Remember the NIA's jurisdiction is beyond the Gambia's borders. You just don't know how far the Emperor's missing demons can traverse. They can reach you anytime and anywhere. |
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