By Landing Ceesay
Alhagie Sisawo, also known as Alhagie Bora, has initiated legal action against the Inspector General of Police and the Attorney General for alleged violations of his fundamental rights.
Alhagie Bora, who co-hosts “Kerr Fatou’s Badinyaa Kacha,” was subjected to a seven-day detention by the Gambia Police Force without any charges being filed against him. On October 16, 2023, Alhagie Bora and his legal representatives filed an originating summons with the High Court of the Gambia. Their objective is to have the court declare his detention as unconstitutional and demand compensation from the Inspector General of Police and the Attorney General.
Alhagie Bora seeks a declaration from the court that his detention from October 4, 2023, to October 10, 2023, without being presented before a court of law is both unlawful and in violation of his fundamental rights, as protected by the 1997 Constitution.
“An order restraining the 1st Respondent from arbitrarily arresting and detaining the Applicant for no just cause; an order directing the 1st Respondent to hand over the Applicant’s mobile iPhone 13 Pro Max with immediate effect; that order directing the Respondents to pay the Applicant the sum of D7, 000,000 (Seven Million Dalasis) as damages for the willful breach of his fundamental rights by detaining him beyond the constitutional limit,” Alhagie Bora seeks the Court’s indulgence.
These requests are presented in the originating summons, supported by a 49-paragraph affidavit sworn by Alhagie Bora himself in Banjul.
In his affidavit, Alhagie Bora recounts that during the third day of his detention at the Anti Crime Unit in Banjulinding, he was permitted to make a phone call to his family, during which he also requested food. However, his mobile phone was taken from him immediately after the call.
He describes the inhumane conditions under which he was detained from October 4, 2023, to October 10, 2023, at various locations.
“On the 10th day of October 2023, whilst at the Anti Crime after six days of detention, I was informed by Anti Crime Head One, Mr. Sowe, that bail has been opened for me on the same terms as that of the 15th day of August 2023 at Kairaba Police. I was further informed that if the sureties can confirm their readiness to remain my sureties, I can leave. My belongings were returned to me except my phone, despite my request.
“Thereafter, I insisted that my phone be returned to me because no formal charge has been preferred against me, but to no avail. To my utter dismay, I was carried out of the anti-crime headquarters to an unknown destination. I was pushed into a pool of dirty water in an unknown location at about 8pm. My photo after being thrown into the dirt is hereby attached and marked AS1,” Bora said in his affidavit in support.
Alhagie Bora asserts that he is still without his iPhone 13 Pro Max, and he believes that without the court’s intervention, the Inspector General will persist in violating his fundamental rights and freedoms.
According to Bora, he has been informed by his lawyer, Lamin S. Camara, that no charges have been filed against him in any court in the Gambia. He maintains that his detention from October 4, 2023, to October 10, 2023, without being arraigned before a court of law is wrongful, and he was held in detention for nearly 144 hours without any court appearances.
“I am informed by Counsel Lamin S. Camara and verily believe the same to be true that my detention is wrongful from the 4th day of October 2023 to the 10th day of October 2023 without being charged before any Court of Law in the Gambia. From the 4th day of October 2023 to the 10th day of October 2023. I was not arraigned before any court of law in the Gambia. I was held in detention by the 1st Respondent (IGP) for almost 144 hours without being arraigned before any court of law in the Gambia,” Bora said.
Furthermore, he mentions being held incommunicado for over four days during his detention. Alhagie Bora concludes by expressing his belief in the importance of the court granting the orders he seeks, emphasizing the truth and justice of his statements to the best of his knowledge and belief.
“It is in the interest of justice for this Honourable court to grant the orders sought. I make these statements to the best of my ability, information, and belief,” Bora said in the sworn affidavit.