By Tabora bojang
The leader of the opposition United Democratic Party has called on Lawyer Lamin J Darbo to file a legal suit against Inspector General of Police for intentionally and unlawfully detaining his client Ousainou Bojang at the Mile II Central Prison even after his acquittal and discharge by the High Court.
Bojang and his sister were cleared by the court for the murder of two police officers and injuring another in 2023.
However following their release, they were picked up by police officers at the prison gate and taken to the police headquarters before been returned to the prison.
That action by the police sparked a massive street protest in Ousainou’s native town, Brufut forcing the police to set him and sister free to a thunderous welcome home.
Commenting on the issue Ousainu Darboe, himself a lawyer, said the State’s “poor judgement” to rearrest Bojang and his sister seriously undermined the rule of law and public trust and is reminiscent of the dark days under former president Jammeh where the State disregard court orders that did not favour them with impunity.
“Rearresting them is really telling the judge ‘we don’t respect the validity of your judgement’ even though every judgement is presumed valid until it is set aside,” the UDP leader argued, adding that the Attorney General and all the lawyers in the Ministry of Justice know that very well.
He said there are also a huge number of serving police officers who are lawyers and ought to know that court orders are to be respected as the rule of law. “This behaviour of the executive is really telling us we are going back to the Jammeh’s days where people are arbitrarily arrested and court orders are ignored,” the UDP leader said.
He added: “I want to encourage Lawyer Lamin J Darboe to take civil action against the Inspector General of Police (IGP) and any other security agencies that may be involved in this for false arrest and false imprisonment. Our constitution is very clear that every agency or department of government must assist the proper implementation of orders and directions of the court and the greatest agent in that is the executive”. He said whenever court orders are made, they take immediate effect unless the judge directs otherwise. “So immediately Justice Jaiteh pronounced the acquittal or the disastrous failure of the prosecution’s case, the order took immediate effect and the government is expected to honour and respect the orders of the court,” he said.
According to the UDP leader, the use of non-judicial measures in matters like this risks undermining peace and stability, adding that President Barrow came to power with the promise to end impunity and abuse of power by state and its agents.
The UDP leader also condemned the “unawful and indiscriminate” use of tear gas against peaceful protestors and natives of Brufut by the Police Intervention Unit.
“How can anybody go to a populated place like Brufut market and open tear gas on bystanders? President Barrow, I think some of your law enforcement officers are bent on undermining the credibility of your government and this we must accept because everybody is tired. So they would do anything that will make you lose votes , and for sure I know you are going to lose a lot of votes because of this misbehaviour by members of your security forces.”
He also accused the government of failing to implement the recommendations of the Faraba Commission which would have been a useful guide for crowd control by the police. “But that is ignored and no consequences followed with the misuse and unlawful use of police weapons,” he lamented.
