Executive order is not automatically law. Executive order must be based on law before it is enforceable.
Hence authorities in the security forces should not continue to arrest people under the pretext that they are ordered to do so from high up.
They should know the law and enforce it with Independence without fear or favour, affection or ill will , otherwise they will suffer embarrassment in court and communities.
The Constitution states that every person has the right to freedom to practise any religion and to manifest such practice.
Why would a state interfere with this right in the name of promoting national unity? Tolerance of diversity is the way to promote unity.
The Courts are mandated to halt the abuse of authority. Section 17 of the constitution gives them that responsibility as follows:
“The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by all organs of the Executive and its agencies, the Legislature and, where applicable to them, by all natural and legal persons in The Gambia, and shall be enforceable by the Courts in accordance with this Constitution.”
THE COURTS HAVE SPOKEN - "A PRESIDENT IS NOT LAW"
Posted - 31 May 2015 : 13:26:39
