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| T O P I C R E V I E W |
| Momodou |
Posted - 10 Oct 2023 : 12:26:10
Bora claims dumped by police in muddy water and told to go
The Standard: OCTOBER 10, 2023
By Tabora Bojang
https://standard.gm/bora-claims-dumped-by-police-in-muddy-water-and-told-to-go/
After spending over 72 hours of detention by police, comedian Alhagie Bora Sisawo last night claimed that he was dumped in a muddy water by police and told to go home. He was earlier released on bail but refused to leave Anti-crime premises unless he is reunited with his phone which was still with the police.
The famous comedian, whose arrest drew international attention in the past days, was called by police at the Kairaba station where his bail for a previous arrest was revoked.
Police yesterday said Bora was detained over social media posts/comments and has been granted bail. “Starting Wednesday, Bora will be required to report to the Kairaba police station as a condition of his bail,” police said in a statement yesterday.
A source close to the comedian said his legal representatives had filed a court action for the state to produce him from days of detention incommunicado.
However, family sources revealed that the police asked him to leave behind his mobile phone with them which he rejected and vowed to stay in the station until he is allowed to go with his phone.
Kerr Fatou reported last night that the police has kept him in a cell after refusing to go without his phone. The comedian himself was heard on audio alleging that altercation with the police over his continuous illegal detention, he was finally put in a pick-up and driven to an unknown location before being dumped in a muddy water and told to go.
The Standard called the acting police PRO on his official number for clarification but he did not pick our calls or replied to our text message. |
| 9 L A T E S T R E P L I E S (Newest First) |
| Momodou |
Posted - 13 Nov 2023 : 14:08:33
MADI SAYS CHARGES AGAINST HIM POLITICALLY MOTIVATED
NOVEMBER 10, 2023
By Omar Bah
https://standard.gm/madi-says-charges-against-him-politically-motivated/
Activist Madi Jobarteh, who was arrested and released last month, was yesterday charged with seditious intention, incitement to violence, and false publication and broadcasting when he reported to the police.
The Westminster Foundation country representative was initially released on a bail bond of D100,000 secured by one Gambian surety and has been reporting to the Police Headquarters since then.
Speaking to The Standard shortly after leaving the police, Madi Jobarteh said: “The police have charged me with three counts: seditious intention, incitement to violence, false broadcasting, and information. My bail has been extended to November 23. They have refused to hand over my phone.”
He said he denied the charges in his cautionary statement.
“I find these charges to be ridiculous because I have not committed any of those offences, so for me, this is just persecution. As a citizen who has the right guaranteed by the constitution to have an opinion and to express an opinion about my government, my president, and any other public institution, the article in question has nothing in it that relates in any way to violence, sedition, false information, or broadcasting,” he said.
He argued that the police are merely executing the orders of the president to silence his critics, and he happens to be one of those critics.
“So basically, this is political work, but this is not police work… The police should not have been involved in this matter at all, and I should have never ever been called by the police, or arrested by the police. It is rather unfortunate for something like this to be happening in our country again. Charges like sedition are undemocratic; they shouldn’t exist in any democratic country,” he said.
Jobarteh said if the president or the government disagrees with any citizen’s opinion about its conduct and performance, it is for them, including the president, to come and give clarification or refute that opinion.
“So, for me, what the police are doing is once again bringing back what was here to generate fear, harass, and intimidate citizens in order to silence them for the purpose of shielding the government from accountability, and that is the definition of dictatorship. I think we should be hugely concerned and worried because what is happening to me today could happen to anybody tomorrow,” he said.
Asked to comment on the police’s frequent invitations or mainly government critics, Madi’s legal representative, Lamin LS Camara, said: “It’s unfortunate, but we still have to understand the fact that the police have a right to call people for unreasonable suspicion of having committed a crime or about to commit a crime, but this latitude does not mean that it has to be abused. The police must try to endeavor to work within the confines of the constitution and the powers conferred on them by the law. So to call people for investigations and then it takes eternity, and also seizing their mobile phones for six months or so is unacceptable and utterly unjustifiable. But like I said, when we get to the courts, we will deal with those issues.”
Also reacting to the charges, the executive director of local NGO, Beakanyang Kafo, Nfamara Jawneh, said it was a sad moment that could undermine the country’s democracy.
“Having fought so hard to bring democracy into this country only to see the police being used again to intimidate citizens is mind-boggling and unacceptable,” he said.
The award-winning human rights activist said police inviting citizens for questioning for merely expressing their opinions is very unfortunate.
“It is a clear indication that the security sector reform has not gone anywhere—no significant changes. The same people who were used by the former regime to intimidate us are still serving and prepared to do whatever they are asked to do. We should be very worried because in countries where we have dictatorship, even in The Gambia, this is how Yahya Jammeh started,” he added.
Jawneh urged the police to drop the “bogus charges” against Madi unconditionally.
“We will never be scared to express our opinions on the way our country is being governed, and we can’t be intimidated by the police,” he concluded. |
| Momodou |
Posted - 11 Nov 2023 : 20:47:00
The Judgement: High Court Declares Comedian Bora Sisawo’s Detention Unconstitutional
By Kexx Sanneh
Justice Ebrima Jaiteh of the Banjul High Court yesterday 10th November 2023 declared the detention of comedian Alagie Sisawo (Alagie Bora) unconstitutional and arbitrary. The Judge further asked the Gambia Government to pay the social media commentator Five Hundred Thousand Dalasi (D500,000) as a cost for his unlawful detention.
The fact of the matter is that Alagie Bora alleged that he was detained from 4 October to 10 October 2023. The talk show host then instituted a lawsuit against the Inspector General of Police (IGP) and the Attorney General (AG) seeking a court order declaring his detention from 4 October 2023 to 10 October without being arraigned before any court of law as unlawful and unconstitutional and amounted to a breach of his fundamental human rights as enshrined in the 1997 Constitution of The Gambia.
He also asked the court to pass an order to restrain the IGP from arbitrarily arresting and detaining him without good reason. He further asked the high court to make an order directing the IGP to hand over his iPhone 13 Pro Max. He asked for compensation amounting to Seven Million Dalasi (D7,000,000).
Alagie Bora filed a 49-paragraph affidavit sworn to by himself on 16 October 2023 and attached four (4) pictures of himself. The IGP and the AG opposed the application and filed an affidavit in opposition of 26 paragraphs sworn to by Assistant Superintendent of Police Alagie Sanyang dated 30 October 2023. Alagie Bora filed an affidavit in reply to 19 paragraphs sworn to by himself.
The affidavit filed by the IGP and AG admitted that Bora was detained from 4 October to 10 October, but denied the allegation that he was denied access to his family.
Justice Jaiteh said a person who has committed a criminal offence or is reasonably suspected to have done so, may be arrested to be arraigned in a court of law. The Judge cited section 19 of the 1997 Constitution of the Gambia on the person’s right to liberty. Justice Jaiteh said the IGP and the AG did not oppose the allegation by Alagie Bora that he was detained from 4 October to 20 October 2023. Also, the Judge said there is no evidence before his court that Alagie Bora was charged or arraigned before a court of law.
Jaiteh said it was the responsibility of the IGP and AG to show the court that the arrest and detention of Alagie Bora was justifiable.
“The arrest and detention must conform to the law,” Justice Jaiteh stated.
Jaiteh added: “Every human being has inherent rights that need to be protected. There is from the constitutional provision no room for any arbitrary arrest or detention of any person in The Gambia.”
The Judge noted that the IGP and AG’s affidavit in opposition stated that Alagie Bora was arrested in connection with remarks he made encouraging the illegitimate takeover of governments in Africa using arms at a time when such unfortunate events were rife in the Continent. Therefore, he threatened the peace and security of the country.
The IGP and AG said the remark necessitated the police to invite him over to the Kairaba Police Station where a panel investigated the content of his remarks to establish the existence of a criminal element. Justice Jaiteh said the IGP and AG didn't provide the court with a copy of the investigation panel’s report and also failed to provide the court with the content of the remarks Alage Bora allegedly made.
The Judge dismissed the statement of the IGP and AG regarding the alleged remarks by Alagie Bora. The Judge asked the question of why was Alagie Bora not charged if there was any existence of a criminal element in his remark to warrant his prolonged detention beyond 72 hours.
“The power to investigate cannot be exercised indiscriminately,” he said.
He added: “It is inappropriate for the police or law enforcement agents to arrest a person and while in their detention, they now fish around for evidence to prosecute him or her.”
The Judge advised the police or law enforcement officers to think of more genuine ways of getting evidence to prosecute a person accused of committing a crime.
“I therefore reach the conclusion that the Applicant’s (Bora) detention was unlawful by the 1st Respondent (IGP) and this I shall hold as fact,” the Judge said.
Regarding compensation requested by Alagie Bora of D7,000,000, the Judge said section 19 subsection 6 of the Constitution provides that any person who is unlawfully arrested or detained by a person or authority is entitled to compensation from that person or authority. Justice Jaiteh said awarding compensation to any person unlawfully arrested and detained is mandatory.
“It is settled law that an unlawful arrest and detention, no matter how short entitles the applicant to compensation,” the Judge said.
The Judge pointed out that the IGP and AG admitted that the bail was revoked on 4 October 2023 and he remained in custody until 9 October 2023. Alagie Bora alleged that while under detention he was provoked and harassed by Inspector Bah who asked him to remove his shirt and trousers. Alagie Bora the said Inspector Bah touched and played with his private part while he was locked in a small room at the Anti-Crime Unit headquarters, Banjulinding.
He alleged further that he was later taken to an unknown location and thrown in a dark cell and was not allowed to communicate with anyone as his mobile phone was seized on his third day in detention. Alagie Bora said he was pushed into a pool of dirty water and he exhibited photos of mud water over his shirt and body.
Justice Jaiteh said a person not charged with a criminal offence should not be detained to make him or her suffer indignity as that is not the purpose and intent of the law.
He granted the application of Alagie Bora and declared his arrest and detention as unlawful and unconstitutional, which amounted to a breach of his fundamental rights in the Constitution. The Judge restrained the IGP from arbitrarily arresting and detaining Alagie Bora for no just cause. He also ordered the IGP to return Bora’s phone with immediate effect. The Judge however reduced the cost request from D7,000,000 to Five Hundred Thousand Dalasi (D500,000) saying he factored in the economic condition of the country.
Justice said it must not be forgotten that the "New Gambia" that prides itself on democratic tenets, liberty, integrity, and dignity cannot be acting unlawfully.
"It is our duty as guardians and custodians of justice to rise when occasions call for it and allow the goddess of justice to rule our heads and actions," Justice said.
Justice Jaiteh emphasized that the authority of the law would be preserved and the law would be used as an instrument of abiding justice. He added that in a country such as ours, where there is so much hatred and animosity, the court and the Inspector General of Police ought to be cautious in detaining persons in custody beyond the constitutional limit of 72 hours without any substantial evidence in support of an allegation of crime against the person under their detention.
"To preserve our heritage for freedom, that a person not charged should not be detained to make him or her suffer indignity as that is not the purpose and intent of the law," Justice Jaiteh anchored.
By Kexx News |
| Momodou |
Posted - 10 Nov 2023 : 13:45:44
Breaking News: Alagie Borra Wins Lawsuit Against IGP & Attorney General, Awarded D500,000
Kerr Fatou: Nov 10, 2023
By Landing Ceesay
https://www.kerrfatou.com/breaking-news-alagie-borra-wins-lawsuit-against-igp-attorney-general-awarded-d500000/
The High Court of the Gambia has ruled in favor of Alagie Borra Sisawo in a lawsuit against the Inspector General of Police (IGP) and the Attorney General. The court found that Borra’s detention from October 4th to October 10th, 2023 was unlawful and awarded him D500 thousand in damages.
Justice Ebrima Jaiteh ruled that the IGP and his officers had no justifiable reason to detain Borra beyond 72 hours. He also said that the IGP should not arrest and detain Bora without just cause.
In addition to the financial award, the court also ordered the IGP to hand over Bora’s iPhone 13 pro |
| Momodou |
Posted - 17 Oct 2023 : 11:30:38
Alhagie Sisawo, also known as Alhagie Bora, has initiated legal action against the Inspector General of Police and the Attorney General for alleged violations of his fundamental rights.
Alhagie Bora seeks a declaration from the court that his detention from October 4, 2023, to October 10, 2023, without being presented before a court of law is both unlawful and in violation of his fundamental rights, as protected by the 1997 Constitution.
“An order restraining the 1st Respondent from arbitrarily arresting and detaining the Applicant for no just cause; an order directing the 1st Respondent to hand over the Applicant’s mobile iPhone 13 Pro Max with immediate effect; that order directing the Respondents to pay the Applicant the sum of D7, 000,000 (Seven Million Dalasis) as damages for the willful breach of his fundamental rights by detaining him beyond the constitutional limit,” Alhagie Bora seeks the Court’s indulgence.
Alh. Bora Sues IGP And Attorney General For D7 Million Alleging Rights Violation
By Landing Ceesay
Kerr Fatou: Oct 16, 2023
https://www.kerrfatou.com/alh-bora-sues-igp-and-attorney-general-for-d7-million-alleging-rights-violation/
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| Momodou |
Posted - 13 Oct 2023 : 13:07:11
Alhagie Bora drags IGP, Attorney General to court
The Standard: OCTOBER 13, 2023
By Bruce Asemota
https://standard.gm/alhagie-bora-drags-igp-attorney-general-to-court/
Alhagie Bora Sisawo, a famous comedian, has filed a civil suit against the Inspector General of Police and the Attorney General and Minister of Justice before the High Court in Banjul seeking for a declaration that his detention was unconstitutional and a breach of his fundamental rights enshrined in the 1997 Constitution.
Alhagie Bora is also seeking for an order of the court to be released from custody upon entering into recognizance with or without sureties for his appearance before any court of law where any charge (s) preferred against him.
An affidavit sworn to by a family member of Alhagie Bora, disclosed that he was first arrested on the 13 August, 2023 at the Kairaba police station, where he was kept until on 15 August and was reporting periodically on bail from the 16 August.
The affidavit further disclosed that on 3 October, 2023, Alhagie Bora was called by the IGP to report the following day, 4th October and his bail was revoked and was held in detention incommunicado depriving him from gaining access to his family members.
The affidavit disclosed that Alhagie Bora, despite being detained in different detention centres, has never been charged before any court of law, hence, he is now seeking a court declaration that his continuous detention is unconstitutional and breach of his fundamental rights.
A few days ago, Bora was released after a week in detention. |
| Momodou |
Posted - 11 Oct 2023 : 14:02:55
Breaking News!!
Madi Jobarteh has been released on bail, secured by one Gambian surety and a bail bond of D100,000. He is required to present himself at the SIU In Banjul on 26th October 2023. Currently, no charges have been filed against him.
Madi Jobarteh's health took a concerning turn on Tuesday afternoon while in detention at anti crime unit and was taken to the Westfield Clinic . It’s worth noting that the security personnel have been stationed at the Clinic to limit access to him.
This morning his lawyers met officials of the SIU at the clinic to finalize the bail.
Source: Kerr Fatou
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| Momodou |
Posted - 10 Oct 2023 : 14:00:04
Team Gom Sa Bopa calls for resistance to creeping dictatorship
The Standard: OCTOBER 10, 2023
By Alagie Manneh
https://standard.gm/team-gom-sa-bopa-calls-for-resistance-to-creeping-dictatorship/
Civil society organisation, Gom Sa Bopa, has called on Gambian citizens to resist attempts to plunge the country back to dictatorship.
The call came as President Barrow intensified his threats and crackdown on the media and those critical of his administration with the latest being the arrest and detention of activist Madi Jobarteh.
“Since President Adama Barrow’s statement threatening to re-arrest his critics even after being granted bail by a judge in late September 2023, people have been arrested and harassed for no justifiable reason whatsoever,” Gom Sa Bopawrote in a statement released yesterday.
“Madi Jobarteh is the latest critic who was arrested this morning 9th October 2023 after Police questioned him at his house on Friday. Since Police visited Madi on Friday he has been resisting the illegal arrest and questioning which Police say is because of his “Facebook post” but failed to identify the actual Facebook post.”
In the face of these incidents, Team Gom Sa Bopa added: “Given the history of dictatorship which The Gambia has been through and the findings of the Truth Reconciliation and Reparations Commission, our movement Gom Sa Bopa is calling on all citizens and residents of The Gambia who believe in the rule of law to be prepared to resist any attempts to plunge our country back into dictatorship. We say #NeverAgain to unwarranted arrests of citizens for freely expressing themselves and calling every single individual to action.”
The statement detailed the arrests and detention of citizen journalist Bakary Mankajang, and other critics like Alhagie Bora Sisawo.
“It’s now clear that the president has not only ignored the warnings from the Human Rights Commission and the Gambia Bar Association but is going full steam ahead to re-arrest his critics,” Gom Sa Bopa said.
The movement called on the government to take all necessary steps as part of the TRRC recommendations and ensure that all journalists are able to freely exercise their right to freedom of expression without fear of arrest, detention, intimidation, or harassment.
They also called on the government to: “Provide comprehensive training and reform of the security sector to understand journalism and the importance of freedom of expression in a democratic government. Reform the Criminal Code to fully protect media freedom and freedom of expression, in particular by decriminalising sedition and defamation, ensuring that individuals’ reputational interests can only be safeguarded through civil litigation, in conformity with international human rights law.” |
| Momodou |
Posted - 10 Oct 2023 : 13:51:50
Madi Jobarteh arrested, whereabouts unknown
The Point: Oct 10, 2023
By: Momodou Jawo
https://thepoint.gm/africa/gambia/headlines/madi-jobarteh-arrested-whereabouts-unknown
Police on Monday morning arrested Madi Jobarteh, a human right activist and country representative of Westminster Foundation. His whereabouts at the time of going to press was still unknown as family members couldn’t get access to him.
Modou Musa Sissawo, deputy police spokesperson has confirmed the arrest and detention of the human rights activist, saying: “Yes Madi Jobarteh is currently under police custody relative to his posts/comments he (Madi Jobarteh) made on social media. Details of this will be communicated accordingly," he posited. Sissawo couldn’t further provide details as to where Mr Jobarteh is currently detained or which his of comments leading to his arrest by the police.
It could be recalled that on Friday 6th October 2023, officers of the Gambia Police Force (GPF) in plain clothes visited the home of Madi Jobarteh with a view to arrest him. However, the officers left without arresting him due to his ill-health.
The Westminster Foundation representative on Friday wrote this on his Facebook after the police leave: “I received a call from the police headquarters saying they were inviting me to their office. I told them I cannot come because I am sick. So they said they will come to my house.”
“Four officers came in a numberless, glass tinted pickup truck. They said they were from the State Intelligence Unit (SIU) and Criminal Intelligence Unit (CIU). They said they wanted to question me about “some of my Facebook posts”. I asked them which of my posts in particular but they never identified them. I told them I am sick and I am not going since invitation is a choice, unless they arrest me.”
“After consulting their superiors they said they were asked to let me be since I am sick. But said when I get better I should report to the nearest police station or to their office.”
“I told them I will not hand myself over to any police station because I am not a criminal or a fugitive or under arrest, and therefore I will not report myself to any police station. I told them to call me if they need me. But bear in mind that I have a right and choice to accept or refuse an invitation. They have since left. So we will see what happens from here.”
“Rest assured that I am neither scared nor intimidated. I have not violated any laws of the Gambia. All my posts and comments on Facebook and everywhere else are within the limits of the Constitution.”
“I have always upheld and abided by the values and standards of decency, peace, non-violence and tolerance in my writings, speeches and conduct. Therefore there is absolutely no reason why I should be called by the police. If they disagree with my views they have the right to respond hence there’s no need for an invitation,” he postulated.
Madi Jobarteh also on Sunday wrote this: “Since this morning Police vehicles are loitering around my neighborhood and officers are walking up and down the street near my house. They are there purposely for me as my family and neighbors have identified the same vehicle that brought officers to my house on Friday. Earlier in the morning I saw a missed call from ASP Sulayman Gaye who had led officers to my house on Friday. I am neither a criminal nor a fugitive to warrant such harassment and intimidation.”
In another development, Alhagie Bora Sisawo, a host at Kerr Fatou who was detained by the police has been released on police bail.
Modou Musa Sissawo, deputy Police spokesperson, said: “Bora Sisawo, who was detained by the police over social media posts/comments, has been granted bail on October 9, 2023. Starting Wednesday, Bora will be required to report to the Kairaba Police Station as a condition of his bail.” |
| Momodou |
Posted - 10 Oct 2023 : 12:34:48
Rights activist Madi Jobarteh arrested
The Standard: OCTOBER 10, 2023
By Alagie Manneh
https://standard.gm/rights-activist-madi-jobarteh-arrested/
Police have confirmed the arrest and detention of prominent human rights activist and political commentator, Madi Jobarteh, days after his house was placed under ‘police surveillance’.
He was arrested yesterday afternoon but his whereabouts remain unknown. He has not been charged with any offense, police said.
Police PRO cadet ASP Modou Musa Sisawo declined to disclose where the rights activist is being held, saying the police are investigating the matter.
“Madi Jobarteh is currently under police custody relative to his posts/comments on social media,” he said, without specifying what comments or posts. |
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