The respondents are the Inspector General of Police and the Attorney General in the matter of an application under Sections 19 and 24 of the 1997 Constitution of the Republic of The Gambia.
In the originating summons, the claims were a declaration that the detention of the applicant from the 4th day of October 2023 to the 10th day of October 2023 without being arraigned before any court of law was unlawful and unconstitutional and amounts to a breach of his fundamental rights as enshrined in the 1997 Constitution.
It continued that an order restraining the 1st respondent (IGP) 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.
The amended originating summons was supported by an affidavit of 48 paragraphs: “I have seen in the case file an affidavit of service of the amended originating summons and the motion of notice.”
Counsel F. Drammeh, appearing for the state, stated that they were served with the originating summons last week and they have not filed an affidavit in opposition to the originating summons due to the fact that it was overtaken by events.
However, she said they were also served with a motion of notice on the 16th of October 2023 and they were also served with the amended originating summons that morning. She added that they intended to file an affidavit in opposition and because of that they sought for an adjournment.“We are not opposing the motion of notice filed yesterday,” Counsel Drammeh noted.
Meanwhile, Counsel L.S. Camara for the applicant, said in light of the position of the respondents in respect of the motion of the 16th October 2023, they respectfully wished to move in terms of the motion proper and that they relied on all the paragraphs of the affidavit in support of the motion. “We respectfully enjoin the court to grant the prayers sought in the motion paper.”
In his ruling, Justice Jaiteh stated that: “In view of the fact that there is no opposition to the motion, I shall grant the said as follows: Leave to grant to the application to amend the originating summons filed on the 9th October 2023. That the amended originating summons filed on the 16th October 2023 is hereby deemed as properly filed as if leave to do so was previously sought and granted”.
Meanwhile, the case is adjourned to the 30th of October 2023 at noon for hearing.