FOROYAA Newspaper (Serrekunda)
25 February 2008
When President Jammeh boasted during the swearing in of Justices of the Supreme Court, recently, that the Executive would not interfere with their work, many raised eye brows.
They did not believe that he meant what he said. Recently, Foroyaa did emphasise in one of its editorials that what is of significance is that words be matched with deeds? Did the executive match words with deeds?
On 14 February, two accused persons, namely Superintendent Manlafi Sanyang and Lt. Camara, were not in court to hear their application for bail. They were then in detention at the State Central Prison at Mile Two, a prison meant for convicts and not detainees who have either not been tried or are on trial. Bail was nonetheless granted. But Lt. Camara and Modou Lamin Sonko of Boto Construction, who was granted bail earlier, were both re-arrested and have also been detained for more than 72 hours, contrary to the requirements of the constitution.
Can this not send the wrong signal that irrespective of the decision of a court what matters is what the executive does?
Needless to say, section 120 subsection (3) of the constitution states explicitly, "In the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject only to this Constitution and the law and, save as provided in this Chapter, shall not be subjected to the control or direction of any other person or authority."
Subsection (4) of the same section adds: "The Government and all departments and agencies of the Government shall accord such assistance to the courts as the courts may reasonably require to protect their independence, dignity and effectiveness."
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