Lawyer Ibrahim Jallow, the defense counsel for the 13 Kanilai Protesters urged the Magistrate Court to refer the matter to Supreme Court for interpretation of the Constitution on one of the counts on the charge sheet.
When the case was announced this afternoon before Principal Magistrate Omar Cham of the Brikama Magistrates Court, the defense lawyer made a notice of application for referral of the matter to the Supreme Court of The Gambia.
Lawyer Ibrahim Jallow in his submission quoted section 127 subsections (1) (2) of the 1997 Constitution of The Gambia. He said the application is in respect to one of the counts in the charge sheet with regard to the Public Order Act. He urged the court to refer this count to the Supreme Court for interpretation which he said would affect the whole counts in the charge sheet.
Therefore, the defense lawyer called for stay of proceedings till after the determination of the matter by the Supreme Court.
The Police Prosecutor, Inspector K Gibba in his respond said a stay of proceedings is applicable in criminal cases when a substance is subjected to either appeal or by way of constitutional review. However, he referred the court to section 126 of the CPC, arguing that criminal cases are not adjourned more than 15 working days.
“Therefore, in criminal cases stay of proceedings without any notice from the High Court will amount to the violation of section 126 of the CPC,” Inspector Gibba submitted.
The police prosecutor said it is a written practice that the subordinate court can hold a stay of proceedings if the matter come from the Supreme Court as a directive. He argued that the directive does not come from the Supreme Court in this matter. He urged the court to disallow the application and allow the case to proceed.
The defense counsel in his respond on points of law said section 9 of the Public Order Act cited by the police prosecutor is not in consistent with the 1997 Constitution of The Gambia. He referred the court to section 4 of the Constitution which declared the constitution as the supreme law of the land and any law found not in consistent with the constitution shall be null and void. He submitted that section 126 CPC cited by the prosecutor should be declare null and void because it is not in consistent with the constitution.
Lawyer Jallow further referred the court to section 127 (2) of the constitution. He submitted that the prosecutor has not cited any law in his assertion that the Supreme Court should make a directive to referred the matter. He also referred the court to the case of the state versus sabally and others before finally urging the court to overrule the objections made by the police prosecutor and refer the matter to the Supreme Court.
Meanwhile, the matter was adjourned to July 24, for ruling.
