Tuesday, 3 September 2019

The Inspector General Versus Killa Ace & Co. A Clear Abuse Of Judicial Process

Abuse of process refers to the improper use of a civil or criminal legal procedure for an unintended, malicious, or perverse reason. It is the malicious and deliberate misuse of regularly issued civil or criminal court process that is not justified by the underlying legal action.

The above definition is fitting for what happened today at the Kanifing Magistrate Court in the case IGP versus Ali Baba Ace Cham & Co. The IGP knew too well that the charges proffered on the defendants were over and beyond what the magistrate can legally handle based on legal jurisdiction.

The mere fact of presenting the defendants before a magistrate only to be ping ponge to the high court demonstrates a clear misuse of process by the Office of the Inspector General. This deliberate ploy goes against the grain of fair play and Justice. Equally, the magistrate had the discretion to grant bail or remand the accused. She deliberately recuses herself from the process. Justice must be seen to blind and impartial but the actions of the IGP in my view symbolizes #Over_Zealous_Prosecution. This tactic was pervasive during the Jsmmeh era and must not be condoned. Those that call for security reforms and system change are not speaking in vacuum. Issues such as this case is a classic example.

The case moving from the Police to the Office of the Attorney General may take another few weeks for the prosecutor to prepare his summation and brief whilst the defendants languish in the judicial system. This is not acceptable and we must collectively say NO to such ABUSE OF PROCESS. Atleast not in my name as a Gambian. The right to free trial must be accorded to all within a reasonable time frame.

Prison is for convicted felons and remand is temporal holding pending bail and or conviction. Cutting the dreadlocks of Ali Cham is a clear violation of his rights. Our penal system must respect the rights of the accused. Killa Ace is not STATE PROPERTY for the warders to do as they choose. We voted in a government to get rid of bad behavior and we the citizens will not condone bad behavior any longer. The government either fix the problem or  we fix it like we did December 1st 2016. God bless the Gambia and all her diverse peoples. Injustice anywhere is a threat to Justice everywhere

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