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 Politics: Gambian politics
 Judgement by Justice Aminata Ceesay-Saho
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toubab1020



9917 Posts

Posted - 01 Jul 2019 :  23:52:57  Show Profile Send toubab1020 a Private Message  Reply with Quote
Sir Richard Mayne, said “The primary object of an efficient police is the prevention of crime: the next that of detection and punishment of offenders if crime is committed. To these ends all the efforts by police must be directed. The protection of life and property, the preservation of public tranquillity, and the absence of crime will alone prove whether those efforts have been successful and whether the objects for which the police were appointed have been attained”.

These words of long ago are as true today as they were in 1829,I have no wish to make any further comment,read the article and the words of the judge, it is evident (IN MY OPINION !) that there should be a root and branch shake up of the Gambian Police.

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LONG SNIPPET FOLLOWS.


"By Yankuba Jallow
July 1, 2019

The people of Kerr Mot Hali village who have been seeking justice from Government for some time now, continue to suffer from intimidation at the hands of the Police.

On Tuesday June 25th 2019, seven people were said to have been arrested in a space of two weeks by personnel of the Police Intervention Unit (PIU).

During the recent incident, three people including a 50-year-old man, were arrested and forced to run a distance of three kilometres from Kerr Mot Hali village to Njaw Police Station. Their arrest came in the wake of their presence in the bush close to the village, offering prayers at a holy place considered as shrine for the community. The Police are now said to be stationed at this spot and according to the villagers, it is creating fear among them.

Most of the people of the village are currently seeking refuge in Senegal following their encounter with members of the Gambia Police Force in 2009. They fled to a neighboring village in Senegal when they were confronted by security forces including the Police, who arrested and jailed some of them. Since then, they have sought refuge in this neighboring Senegalese village. The villagers brought their plight before Justice Aminata Ceesay-Saho of the Banjul High Court after suing the Inspector General of Police, the Attorney General and two others in relation to the incident. The villagers sought declaration that they are citizens of the Gambia who have rights over their properties and a right to return to their country, after being deprived of right over their properties in their village by the security forces.

The whole issue came about when the villagers of Kerr Mot Hali wanted to renovate the village mosque after the death of their religious leader; this was when the ‘indigenes’ of the village clashed with the family members of the religious leader who came from Senegal and with the intervention of some security forces and the Police, they fled for fear of arrest.

The Court held that the applicants as it can be gleaned from their affidavits, are all citizens of the Gambia and property owners at Kerr Mot Hali village in the Upper Saloum District of the Central River Region, a village they said was founded in the year 1777 by a marabout called Mot Hali.

The Court declared that the plaintiffs are Gambians and have a right to return to their country and village; that they are the rightful owners of their properties and are entitled to the possession of their properties at Kerr Mot Hali; that it is their right to take back possession of their properties at the village which were taken from them forcefully................................... "
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The light was NOT shining at all in Kerr Mot Hali
RELATED TOPIC:https://www.gambia.dk/forums/topic.asp?TOPIC_ID=15711
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The judgement and injunctions ordered by Justice Aminata Ceesay-Saho of the Banjul High Court is very long,if you want to read it in full follow the link below:

http://foroyaa.gm/police-arrest-3-in-kerr-mot-hali-for-performing-prayers-at-holy-shrine/



"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

Edited by - toubab1020 on 02 Jul 2019 00:28:53

toubab1020



9917 Posts

Posted - 05 Jul 2019 :  13:37:13  Show Profile Send toubab1020 a Private Message  Reply with Quote

It appears that political pressure is at work here the reason being not to raise problems with neighbouring countries despite Gambia being an independant country.

RELATED ? :https://en.wikipedia.org/wiki/Justice_delayed_is_justice_denied

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By Yankuba Jallow July 5, 2019

The High Court on the 12th October 2017 declared that the people of Kerr Mot Hali are Gambians and have a right to return to the Gambia.

This court order couldn’t be enforced for over 20 months because the office of the Attorney-General maintains that the execution should stay even though he was restrained by the High Court from stopping the people of Kerr Mot Hali from occupying their land.

The court also declared that the Appellants (indigenes of Kerr Mot Hali) and each of them at all material times are the owners and are entitled to possession of their properties situated at Kerr Mot Hali and also it is their right to take their properties at the village that were taken from them compulsorily.

These people fled to a neighbouring village in Senegal when they were threatened by police officers who arrested many of them and detained many as well. Since 14th January 2009 to date, they have been leaving under refuge in Senegal and the current Government is yet to show serious effort for their return to The Gambia.

The Sherriff’s Division of the High Court has written to the Operations Commander of the Gambia Police Force to provide them with an escort to execute the court judgment but all these efforts were unsuccessful because of the intervention of the office of the Attorney-General. The three letters were dated 7th February 2018, 20th February 2018 and 12th March 2019.

The laws of the Gambia are such that the Government and all departments and agencies (including the Ministry of Justice) shall accord such assistance to the courts as the courts may reasonably require to protect their independence, dignity and effectiveness.

Kerr Mot Hali village is in Upper Saloum, Central River Region of the country and is known for its religious sectionalism under the Mourid leader Muhamadoul Habibulah Secka (Sering Ndigal) who passed away in the year 2007.

Since Yahya A.J.J. ceased to be president, the people of the Kerr Mot Hali resorted to the High Court seeking for a declaration that their fundamental human rights have been violated. In this suit before the High Court, the indigenes of Kerr Mot Hali sued the Gambia Police Force, the Attorney General, the Governor of the Central River Region (CRRC), Sheikh Seca (the current alkalo) and others. These people brought the action before Justice Aminata Ceesay-Saho of the Banjul High Court seeking for a declaration that they are all citizens of the Gambia who have right over their properties and have a right to return to the country because they have been deprived their right over their properties in the village.

The court in its judgment dated 12th October 2017 held that the people of Kerr Mot Hali (applicants) are all citizens of the Gambia and property owners at Kerr Mot Hali in Upper Saloum District of the Central River Region, a village believed to be founded in the year 1777 by one marabout named Mot Hali. The Applicants succeeded in all their pleas.

In addition, the Court issued an injunction restraining the Respondents, whether by themselves, their servants or agents or whosoever, from dealing with, entering or remaining, or alienating or otherwise interfering with the Appellants properties situated at Kerr Mot Hali.

The Court granted a perpetual injunction restraining the respondents (the government, the Governor, the current alkalo and the attorney general) from preventing the indigenes from taking possession and occupying their respective properties at the Village, Kerr Mot Hali.

The Court declared that the indigenes are entitled to assemble and gather in order to practise their religion and to manifest such practise in the village, Kerr Mot Hali. The Court restrained the Respondents and granted the perpetual injunction restraining the Respondents from preventing the indigenes from practising their religion in the village.

The Court on the final order declared that the indigenes are not to be discriminated by the Respondents on account of their religion, culture and tradition and particularly in the practice of their religion and the manifestation of such practice in the village.

Recently, the police arrested several people asking them to stay away from their holy place of worship. Some of the indigenes of Kerr Mot Hali were even detained for some hours.

http://foroyaa.gm/indigenes-of-kerr-mot-hali-continue-to-cry-for-justice/

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020



9917 Posts

Posted - 12 Jul 2019 :  10:43:23  Show Profile Send toubab1020 a Private Message  Reply with Quote
By Yankuba Jallow July 8, 2019

Members of the Gambia Police Force (GPF) detachment in Kerr Mot Hali village have now occupied a piece of land belonging to the former Alkalo’s mother.

This happened in the wake of a subsisting High Court order that the indigenes of Kerr Mot Hali currently in exile in Senegal are Gambians and have a right to come back to The Gambia and occupy their land. The court also declared that these indigenes and each of them at all material times, are the owners and are entitled to possession of their properties situated at Kerr Mot Hali and that it is their right to take their properties at the village that were taken from them compulsorily.

The High Court judgment by Justice Aminata Saho-Ceesay has restrained the Police and the Attorney-General from preventing the people of Kerr Mot Hali from taking possession and occupying their respective properties in the village. It has further restrained them from dealing with, entering or remaining, or alienating or otherwise interfering with the properties situated at Kerr Mot Hali.

Importantly, the people of Kerr Mot Hali are denied access to their farmlands even though the High Court declared them the owners of the farmlands.

“I wanted to farm on my farmland this year but the Njaw Police has warned me not to go anywhere close to my farmland,” Modou Lamin Hassan told Foroyaa in an exclusive interview.
He explained that he has faced a series of harassment by personnel of the Police Intervention Unit detachment currently occupying their land though the court has ordered that they shouldn’t interfere on their land.

They told this reporter that they are farmers and depend on farming for their livelihood.

Yunusa O.S. Ceesay told Foroyaa that all the people of Kerr Mot Hali are farmers.

“All of them are farmers but for 10 years, they couldn’t access their farmlands. Right now, they do not farm because they don’t have access to land,” he said.

He called on the Government to respect their rights as citizens of The Gambia and to enforce the decision of the High Court. Ceesay intimated that they wouldn’t relent on fighting for their rights.

“We went to court and we were given our rights. Now our rights have been restored by the court, why can’t the government enforce it if indeed the democracy it is claiming is true,” he said.

The judgment is yet to be enforced because the Attorney General is delaying the process of the enforcement of the court order.

Kerr Mot Hali is in Upper Saloum District of the Central River Region, a village believed to be founded in the year 1777 by one marabout named Mot Hali.

In the judgment, the Court declared that these people are entitled to assemble and gather in order to practise their religion and to manifest such practice in their religion. It has restrained the authorities from preventing the indigenes of Kerr Mot Hali from practising their religion in the village. It has also declared that the indigenes of Kerr Mot Hali are not to be discriminated by the authorities on account of their religion, culture and tradition and particularly in the practice of their religion and the manifestation of such practice in the village.

When contacted to comment on the occupation of Kerr Mot Hali by the police, the police spokesperson told Foroyaa that he will find out from his authorities and get back to us. Foroyaa would continue to engage him to hear from the police in regard to the involvement of the police in this incident.

http://foroyaa.gm/police-occupy-land-in-kerr-mot-hali/

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

Edited by - toubab1020 on 12 Jul 2019 18:14:37
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