By Landing Ceesay
The veil case before Justice Ebrima Jaiteh of the High Court of the Gambia has been adjourned to allow the applicants to file a motion for the amendment of the originating summons.
The civil suit was set to continue after it was mentioned in May 2023, but Borry S. Touray, appearing for the applicants, informed the court that they are filing a motion to amend the originating summons.
Borry S. Touray, the lawyer for the applicants, attempted to serve the lawyers for the respondents in the courtroom. However, the respondents’ lawyers refused to accept service in court and demanded that the applicants pay the cost of service.
Yassin Senghore, the lawyer for the Charles Jow Memorial Academy (6th respondent), said that she would not accept service in court. She also told the court that the applicants had ample time to file their motion after the case was adjourned in May 2023. Senghore argued that the motion would delay the proceedings and requested a cost of D10,000 for the adjournment and service cost.
Counsel Binga, who represents the Attorney General (8th respondent), the Ministry of Basic and Secondary Education (7th respondent), and Gambia Senior Secondary School (1st respondent), refused to accept service in court. He also requested D10,000 for service costs and an adjournment.
Counsel R.Y. Mendy, who represents ST. Therese’s Upper Basic School (2nd respondent) and ST. Peter’s Senior Secondary School (5th respondent), also refused to accept service in court. He requested D20,000 for service costs and an adjournment.
Counsel Victoria Andrews, who represents Reverend J.C Faye Memorial School (3rd respondent), also refused to accept service in court. She requested D10,000 for service costs and an adjournment.
Counsel A. Mendy, who represents Grace Bilingual School (4th respondent), also refused to accept service in court. He requested D10,000 for service costs.
Counsel Borry S. Touray responded to the counsel for the respondents by stating that the applicants have the right to amend their originating summons at any time. He argued that the respondents should not be allowed to refuse to accept the motion simply because it was filed that morning, and that they should not be able to request costs as a result.
“My lord, my learned friends, did not cite any rule of service which gives them the power to refuse service by the court. My lord, court processes are served by the court itself in open court in all cases,” Counsel Borry S. argued.
Counsel B.S. Touray further argued that the cost requested by the respondents is not justified, given that his clients are all students.
“Looking at the nature of my clients, unless my learned friends want to put that cost on me, but my clients are students who are seeking constitutional guarantee,” Counsel Touray argued.
Justice Ebrima Jaiteh ruled that the applicants were entitled to relief. He ordered Counsel B.S Touray to serve the relevant documents to the applicants at their respective chambers as per their request. He further declined to award any costs to the respondents in respect of the service rendered by the applicants
In May 2023, a civil suit was filed by students, a Civil Society Organization, and groups against five schools, the Ministry of Basic and Secondary Education (MoBSE) and the Attorney General.
Gambia Senior Secondary School, Reverend JC Faye Memorial School, St. Therese’s Upper Basic School, St. Peter’s Senior Secondary School, and Grace Bilingual School are alleged to have caused emotional distress and embarrassment to students after they were forced to remove their veils.
The case was adjourned to the 10th of July 2023 for continuation.