The High Court has extended for another seven days an interim order restraining the deportation of Muhammad Rene Schwarze, while warning that the application seeking judicial intervention will be struck out if the Attorney General is not properly served before the next hearing.
Justice Sonia Akinbiyi, sitting at the High Court Annex in Banjul, issued the ruling on Thursday during a follow-up hearing, one week after granting an emergency order temporarily halting Schwarze’s deportation.
The court held that there was no satisfactory evidence to show that the Attorney General, the second respondent in the matter, had been properly served with the ex parte application. Justice Akinbiyi observed that the documents relied upon to prove service lacked the necessary endorsement and were not accompanied by an affidavit of service, as required under the rules of court.
Despite the procedural deficiencies, the judge exercised her discretion to extend the interim stay for an additional seven days, giving counsel for the applicant, K. Jallow, an opportunity to effect proper service on the Attorney General.
Justice Akinbiyi cautioned that the court would not permit further delay.
“If the Attorney General is still not served by the next adjourned date, this ex parte application will be struck out,” she warned.
The extension preserves the status quo, preventing Schwarze’s removal from The Gambia while the court awaits compliance with the procedural requirements necessary for the case to proceed.
Schwarze was not present during Thursday’s proceedings. His counsel, K. Jallow, appeared on his behalf, and the court proceeded on the basis of the documents before it.
The case arose from an urgent ex parte application filed after Schwarze was allegedly informed by an immigration officer at Banjul International Airport on June 30 that he had been declared persona non grata and would be deported immediately.
In an earlier ruling delivered on July 2, Justice Akinbiyi granted interim relief restraining the Director of Immigration from deporting Schwarze or handing him over to any other law enforcement agency without a court order. The court also prohibited the Director of Immigration and the Minister of Justice from deporting him to any country or transferring him to another law enforcement authority until he had been given an opportunity to be heard.
The judge further stayed the execution of the persona non grata declaration pending the determination of the originating summons challenging the decision.
The matter has been adjourned to July 16, 2026, at 9:30 a.m., when the court is expected either to hear the substantive application or strike out the ex parte proceedings if the Attorney General has still not been properly served.
