This is a total nonsense and an act of unlawfulness which is a violation of the Constitution which are grounds for the removal of the Minister of Justice.
In principle any litigant can appeal a case, but there is no law nor an authority or power to ignore a court ruling and violate the rights of citizens.
The court acquitted and discharged these two citizens. Therefore, the first point is for the Ministry of Justice and the Attorney General’s Chambers to respect and comply with that ruling! This is non-negotiable.
What the Ministry of Justice and the Inspector General of Police did was to trample upon the authority, independence and integrity of the Judiciary and flout the separation of powers principle. This is gross misconduct. There is absolutely no legal basis to refuse to release Ousainou and Amie and keep them behind bars!
This action is grounds for the dismissal and prosecution of the Minister of Justice, the DPP, and the IGP and all those officers who arrested Ousainou and Amie to send them back to prison.
The current presence of Ousainou and Amie in Mile 2 is based on no law. The Minister nor the IGP has any legal authority to put anyone in prison. That authority rests solely and wholly with the courts. Therefore by this blatant action, it means the Minister of Justice and the IGP have arrogated to themselves the power and role of a court which they are not. They should resign or be dismissed immediately.
The rule of law is clear. The Constitution guarantees fair trial and equality before the law and presumption of innocence which only the courts can determine. How therefore could the courts decide only for the Minister of Justice and the IGP to say no. That’s gross insolence to the Constitution and the sovereignty of Gambians from whom all state agents derive their authority and legitimacy.
By this action, the Minister of Justice and the IGP have gone beyond the authority and power that the people gave them in the Constitution and other laws of the Gambia. This is a treasonous conduct they have committed and the Minister of Justice, the DPP and the IGP must be held accountable!
This press release is nonsense and an insult to the dignity of Gambians!!!
Free Ousainou and Amie!
