Dawda A. Jallow, the Attorney General and Minister of Justice, says that he does not know of any legal reason for the re-arrest of Ousainou Bojang and Amie Bojang after the High Court found them not guilty. He calls the incident both unlawful and regrettable.
During a press conference on Wednesday, Jallow stressed that any new arrest of the two defendants would have needed a new court order after they were found not guilty and released from jail. He said that no such order had been brought to his attention.
The High Court in Banjul cleared the Bojang siblings of all charges at first because the judges said the prosecution had not been able to prove its case beyond a reasonable doubt. It was thought that their release would put an end to a high-profile trial connected to the shooting at the Sukuta-Jabang traffic lights in 2023.
However, not long after they left Mile 2 Prison, security officers arrested them again, which worried the public and drew criticism from legal experts and civil society groups.
In response to the controversy, Jallow said again that the law does not allow people who have been found not guilty to be arrested again unless new legal procedures are followed. He said that the situation was a violation of due process and that steps were taken to fix it, which led to the release of the people involved.
The event has led to a larger discussion in The Gambia about respecting court decisions and the rule of law. Rights groups have warned that actions like this could make people lose faith in the justice system.
Jallow said that the government has the right to appeal court decisions, but any enforcement action must follow the law exactly. He stressed that following court orders is still important for protecting people’s rights and keeping the country’s legal system honest.
