Oct 21, 2009, 7:49 AM
B.A. Suleiman Awoniran of the Kanifing High Court yesterday ordered the
applicants and the respondents to file their briefs related to a motion in the
case seeking for the release of 41 UDP supporters.
When the case was called, lawyers B.S. Touray, Gaye-Coker and Yassin Senghore represented the applicants.
Counsel B.S. Touray then said he was apologizing for not being in court at the last sitting, but his learned friend was in court.
He further told the court that they had duly issued the sign ed and stamped originating summons.
The applicants were then given two working days to file their briefs, while the respondents were given three days to file their briefs.
The case was then adjourned until 14 July 2016.
According to the defence, they filed a motion for the declaration that the arrest of the applicants by the IGP, the NIA and the Commissioner of Police or by their subordinates and/or agents on Monday 9 May 2016, in the Kanifing Municipality of The Gambia, “is unlawful” in that “it is inconsistent and or in contravention of section 19 and 25 of the constitution”.
The motion further indicated that “the detention of the applicants by the respondents since 9 May 2016 is unlawful and unconstitutional in that the said detention is inconsistent with and/or in contravention of sections 19 and 24 of the constitution, as well as article 6 of the African Charter on Human and Peoples’ Rights”.
There was a declaration by the motion for an order directing the “unconditional release” from detention and custody of the applicants.