FOROYAA Newspaper (Serrekunda)
1 March 2008
When the President was swearing in two Supreme Court judges recently, he declared his support for the independence of the judiciary and pledged not to interfere with the work of the judiciary. But did he really mean what he said? Well, let us look at the facts since then.
When Lieutenant. Bakary Camara and Superintendent Sanyang, both presidential guards, and Momodou Lamin Sonko, proprietor of Boto Construction, first appeared in court charged with stealing, economic crime and conspiracy, they applied for bail but it was not granted. However, on 14 February upon application by the presidential guards the High Court granted the two bail. But soon after their release they were re-arrested and have since been held at Mile Two contrary to law. Mr Sonko was earlier granted bail but he was rearrested.
When Lt Camara alone faced fresh charges in court on Tuesday he was again granted bail in respect of this case as well. However, all three of them are incarcerated at the state central prison which is meant for remand prisoners and convicts alone.
In short the court has made its decision based on law; it has granted bail to all defendants, a decision to be respected by all parties. But the Executive has not complied and has continued to incarcerate them.
Needless to say, a judiciary can function independently and effectively not with a noose round its neck but in an atmosphere of freedom which can inspire unresolved judges to adjudicate impartially and independently.
That is what Gambia needs to ensure peace and stability. It would be wishful thinking to presume that stability rests squarely on military might. History has countless experiences to disprove this.
To conclude, we wish to remind the Executive of their constitutional responsibility: "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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