The High Court Annex in Banjul has issued an interim order restraining the Director General of Immigration from repatriating or deporting Muhammad Rene Schwarze, pending the hearing of a substantive application challenging his declaration as a Persona Non Grata.
The order was granted today, 2nd July 2026, by Justice Sonia Akinbiyi, in which Muhammad Rene Schwarze is the Applicant against the Director General of Immigration of The Gambia (1st Respondent) and the Attorney General (2nd Respondent).
Counsel K. Jallow, appearing for the Applicant, moved a “very urgent” Motion Ex parte dated and filed on 1st July 2026, supported by a 68-paragraph affidavit sworn by Muhammad Rene Schwarze himself.
According to Counsel K. Jallow, the application followed an incident on 30th June 2026 at Banjul International Airport, where an officer of the Immigration Department orally informed the Applicant that he had been declared Persona Non Grata.
In her decision, Justice Sonia Akinbiyi granted all three reliefs sought: An injunction restraining the 1st Respondent (Director of Immigration) from repatriating, flying out, or handing the Applicant over to any other law enforcement official without a court order, pending determination of the Originating Summons.
An injunction restraining both Respondents (Director of Immigration and Minister of Justice) from repatriating or flying the Applicant (Rene) to any country, or handing him to any law enforcement official, without his first being heard in court.
Also, a stay on the execution of the Persona Non Grata declaration communicated to the Applicant at the airport, pending determination of the Originating Summons.
In granting the application, Justice Akinbiyi was careful to note the exceptional nature of ex parte orders, which depart from the twin pillars of natural justice, specifically the audi alteram partem rule (the right to be heard).
As such, Justice Sonia Akinbiyi ordered that the interim injunction would lapse after seven days, to allow the Respondents an opportunity to be heard on the Originating Summons.
The matter has been adjourned to 9th July 2026 at 9:00am for the definite hearing of the Originating Summons, where both sides are expected to present their arguments before the court.
Source: Kexx Sanneh
