By Bruce Asemota
The High Court in Banjul, presided over by Justice Osei Tutu, is set to rule on whether to allow the suit filed by Ida Jagne, former Point Newspaper staff be withdrawn from the court.
Ida Jagne filed an application in the High Court seeking an order to compel the government through the Attorney General to provide adequate compensation to her.
The basis of the application was that she was one of the two ladies who were together with Deyda Hydara when he was shot and killed and as a result, she sustained injuries.
The family of Deyda Hydara had obtained judgment from the ECOWAS court and have been compensated by the Barrow administration.
Ida Jagne felt discriminated and approached the High Court to seek for compensation from the government.
When the matter was mentioned before Justice Osei Tutu, state counsel L Jarju raised preliminary objection on the ground that the compensation sought cannot be granted because the applicant cannot rely on the judgment of the ECOWAS court.
State Counsel Jarju submitted that the High Court lacks jurisdiction to entertain Ida Jagne’s application.
The applicant’s counsel, Malick B Jallow responded that the High Court has jurisdiction to entertain the suit because she has interest in the outcome of the ECOWAS court judgment.
After hearing both counsels’ submissions, Justice Osei Tutu overruled the preliminary objection raised by the state and ordered that the matter be heard on basis of its merit.
However, counsel for the applicant filed a notice of withdrawal of her application before the court but State Counsel L. Jarju filed a notice of opposition to the withdrawal on the basis that the withdrawal was not brought in good fate.
The High Court is now set to determine on the notice of withdrawal and the notice of opposition filed by the state.