Mariama Colley, the wife of a detained prison officer urges the High Court in Banjul to order for the state authorities to release his husband, who has been under detention for over six years.
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Alfusainey Jammeh, a native of President Yahya Jammeh’s native village of Kanilai was arrested since October 19, 2005.
In a 12-paragraph affidavit presented before Justice AbdullahiMikilive yesterday, Mrs Jammeh explains the trauma she is going through as a result of her husband’s detention
“My husband, Alfusainey Jammeh has never been taken to any court of law in The Gambia and charge with an offence, but continues to be held in indefinite detention against his will,” she says in a statement read on her behalf by defense lawyer, Moses Richards.
“As a housewife with 3 children who are in their formative years no assistance from anyone, I am finding it difficult and sometimes impossible to pay my children’s school fees, provide them with food, clothing, shelter and medical care.
“In the interest of justice that this honorable court considers mine and my family’s constraints and grant the orders that I herein pray for.”
Lawyer Richards in moving the affidavit urged the court to free Mr Jammeh from “the bondage of illegality under which he and his family have belabored for six years and more.”
According to Lawyer Ricahrds, Mr Jammeh, since his detention, was not informed the reasons for his arrest and was not brought to any court of law.
“My lord, in view of this, we urge the honorable court to respect and uphold Mr Jammeh’s constitutional right and order his immediate release conditionally or unconditionally after six years and seven month unlawful incarceration.”
He said the detention of Mr Jammeh has been brought by some person exercising a discretionary power, administrative or otherwise, which may be exercise wrongly.
“It is inherent in all discretionary power that, it includes the power to make mistakes” he said adding, that “if such was the case in the instant court, we submit that the courts of law have inherent jurisdiction, as matter of common law”
However, the state represented by MsSankareh, told the court that the Inspector General of Police, is not responding, even though they have written to him twice.
Lawyer Richards objected when the state counsel said they needed more time.
“The Inspector General of Police has no information about this man. How long would you want to keep this man in jail after 6 years,” he said.
The judge however, said he will give the state some time to reply on point of law.
The case continues July 19.
Author: Binta A Bah
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