Gambiaj.com – (BANJUL, The Gambia) – The Gambia Bar Association (GBA) has strongly condemned the re-arrest and detention of Ousainou Bojang and Amie Bojang following their acquittal by the High Court, describing the action as a violation of constitutional rights and a disregard for judicial authority.
In a statement issued on April 1, the Bar Association said it was “alarmed and dismayed” by the State’s decision to re-arrest the siblings after they had been acquitted and discharged of all charges in Criminal Suit No. HC/744/23/CR/148/AO and subsequently granted bail by the High Court on March 30, after the State indicated its intention to appeal the judgment.
According to the GBA, the two were released from Mile II Central Prison on March 31 following the delivery of a court order by a High Court bailiff to prison authorities.
However, shortly after their release, they were allegedly taken away by armed law enforcement officers in a marked police pickup from the Mile II complex and transported to the police headquarters.
The association noted that the siblings were later returned to Mile II Central Prison without any court order authorising their detention, an action it described as unlawful and in direct defiance of the authority of the court.
“The ill-advised action by State security constitutes disregard and disobedience of the authority of the Court and a violation of the constitutionally guaranteed rights of Ousainou and Amie Bojang,” the statement said.
The GBA further warned that the conduct of the police evokes practices associated with the era of former president Yahya Jammeh, when individuals acquitted by competent courts were sometimes re-arrested by security forces.
According to the association, such actions risk reversing the democratic and legal gains made since the end of that period and could undermine respect for the rule of law.
While noting that the Bojang siblings have since been released, the Bar Association urged the State to ensure that all police actions remain firmly grounded in law and constitutional principles.
The GBA also called on the Attorney General, as the chief legal adviser to the government and leader of the Bar, to ensure that no individual is ever committed to prison without a valid court order.
In addition, the association said the Inspector General of Police must be held accountable for the actions of officers who allegedly re-arrested and detained the siblings despite their acquittal.
The Bar Association concluded that the incident highlights the urgent need to prioritize security and justice sector reforms in order to safeguard respect for court decisions and the rule of law in The Gambia.
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