By Bruce Asemota
The High Court in Banjul, presided over by Justice Ebrima Jaiteh, has struck out a suit filed by one Samba Sey of Sukuta, West Coast Region.
According to the police, Samba Sey is a notorious criminal who was convicted of robbery, house-breaking, burglary, malicious injury, was charged with murder of one Omar Touray who he allegedly stabbed in the neck resulting in his death around Jarju Kunda in Sukuta on 1st July, 2020.
It was revealed that Samba Sey a presented forged birth certificate claiming to be a minor which in actual fact, he is an adult.
It was further revealed that Samba Sey filed an application before the High Court seeking declaration that his arrest and detention at the police station in Banjul is a violation of his fundamental rights and wants the Inspector General of Police to compensate him with one million dalasi.
In his ruling, Justice Jaited observed that Samba Sey was charged with murder and the charge was filed on the 26th July, 2023 whilst his application for unlawful detention was filed on the 17th August, 2023.
Justice Jaiteh ruled that the arrest and detention of Samba Sey was lawful as he was charged with a capital offence; murder before filing of the application for unlawful detention is overtaken by the proper charge.
Therefore, Justice Jaiteh remarked that the application of Samba Sey is dead on arrival and cannot be entertained or resuscitated and was subsequently struck out for being incompetent.
