Justice Amina Saho-Ceesay made this ruling at the high court in Banjul on 8 November 2022, while delivering judgment in the case of Samsudeen Phatey vs. Momodou S.M Jallow, a sitting high court judge.
Justice S.M Jallow was also earlier ordered to pay D10,000 to Samsudeen Phatey on 10 May 2021, thus he will now pay D210,000 in total to Samsudeen Phatey.
Phatey had since 2021 filed a lawsuit against Justice Momodou S.M Jallow, accusing him of violating his right to a fair hearing. Samsudeen Phatey took legal action against Justice Momodou SM Jallow for illegally getting his niece, Neneh Jawneh Thompson, released from police detention, who was in contempt of court in a matter involving him (Samsudeen Phatey).
Samsudeen Phatey also accused SM Jallow of coercing the police, abuse of office, impersonation and judicial interference.
Jallow allegedly called the police stating he was the Chief Justice and that his niece, Neneh Jawneh Thompson, should be released. The judiciary has since opened an investigation into Momodou SM Jallow’s conduct and the findings are yet to be released.
Lawyer Lamin K. Mboge represented Momodou S.M Jallow while Lawyer Malick H.B Jallow represented Samsudeen Phatey.
Delivering the judgment, the presiding Judge Amina Saho-Ceesay said: “In the final analysis, therefore, I conclude that the Respondent failed in the rebuttal of the Applicant’s case. Thus, I weigh the scales of justice in the Applicant’s favour, with no counterpoise in the Respondent’s favour. I, as a result, declare that the conduct of the Respondent in exploiting his position as a High Court Judge to secure the release of his niece, one Neneh J. Thompson, from lawful custody and assisting her in disobeying legitimate court orders in an ongoing matter at the Brikama Children’s Court constitutes a violation of the Applicant’s constitutional right to fair hearing. In the premise, therefore, I award the sum of D150,000 (One Hundred and Fifty Thousand Dalasi) in favour of the Applicant as monetary compensation for the hardship and distress caused by the said violation. Since the law, as I know it, is that costs follow the event, I also award costs of D50,000 (Fifty Thousand Dalasi) in favour of the Applicant. I make no further Order.”
In his reaction to the judgment, Lawyer Malick H.B Jallow, counsel for Samsudeen Phatey, described the judgment as a landmark judgment.
“I am personally pleased to have been the lawyer for Samsudeen Phatey. This is public interest litigation and is a huge credit for the Judiciary,” he told LTN.
