Abdoulie Sanyang IGP and Comedian Borra Sisawo Host Of Badinya Kaacha
By Landing Ceesay
The lawsuit filed by Alhagie Sisawo, popularly known as Alhagie Bora, against the Inspector General of Police and the Attorney General for a sum of 7 million Dalasis is scheduled for a verdict on Friday, November 10, 2023.
Alhagie Bora, one of the co-hosts of “Kerr Fatou’s Badinyaa Kacha,” was subjected to a seven-day detention by the Gambia Police Force without any formal charges being brought against him.
On October 16, 2023, Alhagie Bora and his legal representatives lodged an originating summons with the High Court of the Gambia, aiming to have the court declare his detention unconstitutional and demand compensation from the Inspector General of Police and the Attorney General.
Alhagie Bora is seeking a court declaration that his detention, which occurred from October 4, 2023, to October 10, 2023, without being presented before a court of law, is both unlawful and in violation of his fundamental rights, as protected by the 1997 Constitution.
On Monday, October 30, 2023, the case was set to proceed for a hearing. However, Counsel LS Camara, the legal representative for Alhagie Bora, informed the court that he had received an affidavit in opposition just 5 minutes before the beginning of the proceedings.
“My lord, I came today and ready to proceed for trial, unfortunately, we have been served with an affidavit in opposition just 5 minutes ago. The affidavit in opposition is 26 paragraphs. My lord, we take a very deep view of this practice, and we are compelled to urge this court to strike out this affidavit in opposition or alternative award serious cost against them,” Counsel LS Camara told the court.
Counsel A. Gibba, representing the Inspector General of Police and the Attorney General, informed the court that the lawyer handling the case was out of the country. Gibba pleaded for mercy and asked the court not to award costs against the IGP and Attorney General, arguing that he would have to pay the costs himself if they were awarded.
Justice Ebrima Jaiteh responded that the late service of an affidavit in opposition to Counsel LS Camara was an ambush.
“It is an ambush, this is what we call trial by ambush. Now counsel Camara is saying that you to choose between cost and strike out of your affidavit,” Hon. Justice Jaiteh said.
Counsel LS Camara objected, saying that his conscience would not allow him, as a senior counsel, to let Counsel Gibba pay the cost alone. Hon. Justice Jaiteh insisted that the IGP and the Attorney General must pay the cost.
“This is not a proper process, this is not a fair hearing. We cannot accept this kind of practice. So they must pay the cost,” Hon. Justice Jaiteh insisted.
Counsel Camara reiterated his stance, emphasizing that he did not wish for Counsel Gibba to bear the financial burden alone. Counsel LS Camara stated that he would have no objections if the IGP and Attorney General assumed the costs, but Counsel Gibba should not be held responsible for them.
Counsel Gibba assured that a similar incident would not occur again in the future.
“The state paying cost would not go well with me as a young prosecutor,” Counsel Gibba told the court.
Honorable Justice Ebrima Jaiteh approved Counsel Gibba’s request not to impose costs on the IGP and Attorney General.
Furthermore, Honorable Justice Jaiteh instructed Counsel LS Camara to submit their brief of argument by Monday, November 6, 2023.
Additionally, Honorable Justice Jaiteh mandated that the state file their response by Tuesday, November 7, 2023, and Counsel LS Camara to provide a reply on points of law by Wednesday, November 8, 2023.
Finally, Honorable Justice Jaiteh declared his intention to render judgement in the case on Friday, November 10, 2023.