The High Court has extended an interim order preventing the deportation of Muhammad Rene Schwarze for another seven days, while warning that the application seeking judicial intervention will be struck out if the Attorney General is not properly served before the next hearing.
Justice Sonia Akinbiyi, sitting at the High Court Annex, issued the ruling on Thursday during follow-up proceedings in the matter, one week after granting an emergency stay that temporarily halted Schwarze’s deportation.
The court found that there was no satisfactory evidence on the record to show that the Attorney General, the second respondent in the case, had been properly served with the ex parte application. Justice Akinbiyi noted that the documents filed in support of service lacked the required endorsement and were not accompanied by an affidavit of service.
Despite the procedural shortcomings, the judge extended the interim stay for an additional seven days, allowing counsel for the applicant, K. Jallow, time to complete proper service on the Attorney General.
“If the Attorney General is still not served by the next adjourned date, this ex parte application will be struck out,” Justice Akinbiyi warned.
The court’s latest order preserves the status quo while giving the applicant an opportunity to comply with procedural requirements before the matter can proceed on its merits.
Schwarze was not present in court during Thursday’s proceedings. His lawyer, K. Jallow, appeared on his behalf, and the court proceeded based on the record before it.
The case stems from an urgent ex parte motion filed after Schwarze was reportedly informed on June 30 by an immigration officer at Banjul International Airport that he had been declared persona non grata and would be deported immediately.
In response to that application, Justice Akinbiyi on July 2 granted interim relief restraining the Director of Immigration from repatriating Schwarze or handing him over to another law enforcement agency without a court order. The judge also restrained both the Director of Immigration and the Minister of Justice from deporting him to any country or transferring him to another law enforcement authority until he had been allowed to be heard in court.
The court further stayed the execution of the persona non grata order pending the determination of the originating summons challenging the decision.
The matter has been adjourned to July 16, 2026, at 9:30 a.m., when the court is expected either to proceed with a substantive hearing of the pending application or strike out the ex parte proceedings if the Attorney General has not been properly served.
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