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toubab1020
12306 Posts |
 Posted - 07 Feb 2022 : 18:04:25
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https://thepoint.gm/africa/gambia/headlines/high-court-orders-state-to-immediately-release-lt-gen-saul-2-others
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Feb 7, 2022
By: Alagie Baba
High Court judge, Justice Zainab Jawara-Alami on Friday ordered for the immediate release of Lt. Gen. Saul Badjie and his two colleagues from Mile 2 where they were detained on suspicion of committing grave offences.
Badjie, a member of the Gambia Armed Forces was detained together with Major Landing Tamba and Warrant Officer Class 1 Musa Badjie.
Saul Badjie and others were in detention since the 10th January 2022 and have not been told the reason of their arrest.
The court held that their detention without a charge is a violation of their fundamental rights preserved in the 1997 Constitution. She ruled that it is unlawful to keep someone in detention beyond 72 hours without a charge.
Justice Jawara refused to grant the application by the State to keep Saul and his two co-detainees in detention for 90 days.
Justice Jawara asked the question, “whether there is a charge before this court?”
In answering the question, she said a charge is not a mere accusation. ‘It should be a formal charge, she added.
She said section 19 of the Constitution guarantees the right to liberty and security of every person. She added that no one should be subjected to arbitrary arrest and detention.
The Judge said it is very clear that Saul Badjie and the others were detained based on suspicion of committing a crime.
“There is no charge before this honourable court against the Respondents (Saul Badjie and others), She said.
She said even the Attorney General in his affidavit in-support is saying the three were held based on suspicion.
“They must be held on charges not on suspicion,” she said.
She maintained that suspicion does not amount to a charge. She reiterated her position that any detention beyond 72 hours without a charge is unconstitutional.
“I decline to grant the reliefs sought in this application [by the Attorney General],” the Judge ruled.
She ordered for the three not to leave the country and must answer to calls for questioning by investigators.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12306 Posts |
Posted - 08 Feb 2022 : 15:41:04
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https://thepoint.gm/africa/gambia/headlines/lt-gen-saul-badjie-2-others-released
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Feb 8, 2022, 11:20 AM | Article By: Momodou Jawo
Lieutenant General Saul Badjie, the former commander of Republican National Guards and two other personnel of The Gambia Armed Forces (GAF) who were recently remanded at the country's central prison, [Mile 2] in Banjul have been released; The Point has been reliably informed.
Lt. Gen. Saul Badjie, Major Landing Tamba and Warrant Officer Class 1 Musa Badjie were arrested upon their return to the country from Equatorial Guinea. They were recently arranged at the High Court in Banjul and subsequently granted bail.
Momodou Lamin Ceesay, the spokesperson of The Gambia Prison Services confirmed the release of Lt. Gen. Saul Badjie and co to The Point, saying “Yes Lt. Gen. Saul Badjie and others were released this afternoon on the court orders,” Ceesay confirmed.
High Court judge, Justice Zainab Jawara-Alami on Friday ordered the immediate release of Lt. Gen. Saul Badjie and his two colleagues from Mile 2 where they were detained on suspicion of committing grave offences.
Gen. Badjie, a member of the Gambia Armed Forces was detained together with Major Landing Tamba and Warrant Officer Class 1 Musa Badjie.
Saul Badjie and others have been in detention since the 10th January 2022 and have not been told the reason of their arrest.
The court held that their detention without a charge is a violation of their fundamental rights preserved in the 1997 Constitution. She ruled that it is unlawful to keep someone in detention beyond 72 hours without a charge.
Justice Jawara refused to grant the application by the State to keep Saul and his two co-detainees in detention for 90 days.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou
Denmark
11634 Posts |
Posted - 11 Feb 2022 : 14:04:24
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SISTER OF MURDER VICTIM QUERIES GEN BADJIE’S RELEASE
The Standard: FEBRUARY 11, 2022
By Alagie Manneh
https://standard.gm/gambia-news/sister-of-murder-victim-queries-gen-badjies-release/
 Olay Ceesay, sister of murdered Gambian-American, Alagie Ceesay, has said the decision of the Banjul high court to release former Republican Guards general Saul Badjie and others has left her puzzled.
Badjie has been implicated in the disappearance and murder of Gambian-Americans Alagie Ceesay and Ebou Jobe. He was arrested in January following his return from Equatorial Guinea were he accompanied former president Yahya Jammeh in exile in 2017.
The Gambia truth commission found that Ceesay and Jobe were killed by the Junglers, a hit squad set up by Jammeh and who oftentimes operated under the command of Badjie.
High court judge Justice Zainab Jawara-Alami ordered the release of General Badjie and two other soldiers on the grounds that their detention without charge is a violation of their fundamental right.
But speaking to The Standard from the US, Ms Ceesay said: “Anytime I feel we are making progress with this case, we are taken aback and that only brings back sad memories of how my dear brother and so many others had their lives cut short by these cruel people. I am confused by the high court decision. I am not a lawyer, but many things are not adding up to me,” Mrs Ceesay said.
She added that the high court decision has strengthened her resolve to ensure the killers of her brother are brought to book vowing to fight on “until justice is served to ensure ‘NeverAgain’”.
“This fight is no longer [just] about my brother, or the many other victims who are no longer here,” she said. “It’s to make sure no one else has to be victimised in the future in The Gambia.”
Mrs Ceesay said the truth commission would not have recommended the prosecution of Badjie and the two men if it has not substantiated the revelations against them.
“It means the TRRC has evidence that Saul Badjie and cohorts committed a crime. Once you commit a crime, in my mind, the next step is you get charged. Once you get charged and are taken to court, then it can be argued if you are a flight risk. And I think he is. We have seen many other examples where these guys have disappeared into thin air. Who should have filed the charges and why is there a delay when the TRRC has already made recommendations? I hope the government will shed light on these questions. Clearly, the recommendations of the TRRC are not being followed,” Ms Ceesay lamented. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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High Court orders State to release Saul Badjie...
