The High Court’s Justice Ebrima Jaiteh has given the Interior Minister and the Inspector General of Police (IGP) a strict order to address the “serious logistical and operational challenges” that are causing court hearings throughout the judiciary to be delayed.
During the State v. Abdoulie Sanyang hearing on Tuesday, which was supposed to start at 9:00 a.m. but was postponed for more than an hour because the accused was not escorted to court until 10:00 a.m., the directive was given.
The persistent issue, according to Justice Jaiteh, is caused by a lack of male prison guards who can accompany and oversee remand inmates as they move between detention centers and the courts.
The scenario has resulted in “repeated delays, unnecessary adjournments, and overall disruption in the administration of justice,” he said, calling it intolerable. He continued by saying that such delays go against the 1997 Constitution’s Section 24(3) requirement of a fair hearing within a reasonable amount of time.
Justice Jaiteh underlined that all state institutions have an administrative obligation to provide prompt access to justice, which is also a constitutional right. He cautioned that ignoring the problem further compromises the effectiveness of the legal system and “may also constitute a violation of the fundamental rights of detained persons.”
In his ruling, Justice Jaiteh directed the IGP and the Ministry of Interior, which is in charge of the Gambia Prisons Service, to move swiftly and cooperatively to guarantee that all remand inmates be brought before the courts as soon as possible and without excessive delay.
Additionally, the Ministry of Interior was directed to:
Make a quick evaluation of the Prisons Service’s staffing numbers, paying special attention to the quantity of escort officers.
If required, take into account temporarily redeploying or bolstering staff from other security organizations to help with court escort responsibilities; and
To guarantee the efficient and prompt transfer of remand inmates, review and improve logistical arrangements, such as scheduling and transportation systems.
In order to avoid any more delays in court sessions brought on by personnel or logistical constraints, Justice Jaiteh also instructed the IGP to fully cooperate and support the Prisons Service.
He emphasized in his closing remarks that it is the responsibility of all state institutions to protect the rule of law and guarantee that justice in The Gambia is “neither delayed nor denied.”
