The Kanifing Magistrates' Court is today expected to deliver judgment in the case of Femi Peters, the Campaign Manager of the opposition United Democratic Party (UDP).
Mr. Peters was charged with two counts of control of procession and using a loudspeaker to be heard in a public place without the written consent of the Inspector-General of Police. He denied the charges.
Magistrate Kayode on Wednesday 17th March 2010, when hearing resumed at the court set Friday 19 March 2010 for judgment.
The well-publicised Femi Peters’ case was first taken to the Banjul Magistrates Court, but later transferred to the Kanifing Magistrates' Court following a ruling by Magistrate Emmanuel Nkea in November 2010.
On 17th November 2009, Lawyer Ousainou Darboe argued before Magistrate Joseph Ikpala of the Kanifing Magistrates' Court that it was the view of the accused person that the Public Order Act, particularly Section 5 thereof as amended by the Public Order Act of 2009, was inconsistent with Section 25 (ID) of the Constitution of The Gambia. He applied for the case to be transferred to the Supreme Court.
He told the court that he was making the application for the transfer of the case to the Supreme Court under Section 127 of the Constitution, declaring "all laws must conform to the Constitution of The Gambia."
On the 23rd Magistrate Joseph Ikpala dismissed the application, prompting Lawyer Darboe to file an appeal at the High Court to seek a stay of proceedings, pending the determination of the appeal.
