By Buba Gagigo
Abdoulie Fatty, Counsel for Momodou Sabally, has today, December 28, 2022, submitted a certificate of urgency to the high court in Banjul asking for an expeditious hearing of the UDP Campaign Manager’s case.
The Summons of Notice summited by counsel Fatty dated 27 December 2022 asked the court for the case to be heard URGENTLY on the following grounds.
Below are the paragraphs of the lawyer Fatty’s Certificate of urgency;
“1) The application raises constitutionally guaranteed fundamental law and freedom issues.
“2) The Respondent filed an ex-parte motion on 23rd December 2022 seeking the continued detention of the Applicant and the court granted an exparte order extending the detention of the Applicant beyond the constitutionally mandated 72 hours, pending the hearing and determination of the motion on notice on Thursday 5th January 2023.
“3) The longer the Applicant remains in custody without being charged, the greater the violation of his constitutionally guaranteed rights under section 19(3)(b).
“4) Where there is a serious risk of continuous infringement of fundamental rights and freedoms, such as in the instant case, the court should expeditiously deal with any application seeking protection and enforcement of Chapter IV rights under the constitution.
“5) This application raises important and urgent constitutional and civil liberty issues. Since the Applicant’s arrest and detention on 21 December 2022, he has neither been charged with any offence nor brought before a court on a charge.
“6) Time is of the profound essence and unless the summons on notice dated 27th December 2022 and fled on 28th December 2022 is dealt with urgently. The Applicant may continue to languish in state custody, further depriving him of his constitutionally guaranteed rights.
“7) This application raises important issues that go to the heart of the principle of the rule of law and access to speedy justice. Therefore, it is in the interest of justice and constitutionality that the Summons of Notice herein is heard as a matter of extreme urgency”.
The Case is coming up on Tuesday January 3rd 2023 at 10am at the High Court.