Bar Association Condemns ‘Arbitrary’ Re-Arrest of Acquitted Siblings as Assault on Rule of Law

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The Gambia Bar Association (GBA) has expressed deep alarm over the re-arrest and brief re-detention of Ousainou Bojang and his sister Amie Bojang, moments after their acquittal by the High Court, describing the incident as a disturbing echo of former President Yahya Jammeh’s era and a direct challenge to judicial authority.

On Monday, March 30, 2026, Justice Ebrima Jaiteh of the High Court in Banjul acquitted and discharged the siblings on all charges in a criminal trial related to the 2023 fatal shooting of two police officers at the Sukuta-Jabang traffic lights. The pair had spent nearly three years in pre-trial detention at Mile II Central Prison. Following the verdict, the State announced its intention to appeal, but the court granted them bail. They were released the next day, March 31, after a court order was served on prison authorities.

In a dramatic turn captured on a widely circulated social media video, armed police officers in full riot gear whisked the siblings away in a marked white police pickup as they exited the prison complex. They were taken to the Gambia Police Force Headquarters before being returned to Mile II Prison without any fresh court order, the GBA said in a strongly worded statement dated April 1.

“The conduct of the police is a stark reminder of the Jammeh-era practice of re-arresting individuals acquitted by competent courts,” the association declared. “It reflects a troubling return to a pattern marked by disregard for human rights and the erosion of the rule of law.” Such actions, it warned, risk undermining democratic gains made since the change of government in 2017.

The GBA noted that Ousainou and Amie Bojang have since been released, but it issued firm cautions to state institutions. It called on the Attorney General and Minister of Justice, as the chief legal adviser and leader of the Bar, to ensure no individual is ever again imprisoned without a valid court order. The association also demanded accountability for the Inspector General of Police, under whose command the re-arrest occurred.

“Security and justice sector reforms must be prioritized,” the statement emphasized, urging swift action to prevent future violations of constitutionally guaranteed rights.

The incident sparked public outrage, with relatives chanting “Justice for Ousainou” at the scene and civil society groups, political parties, and media outlets condemning the move as an affront to judicial independence. The government later clarified that the re-arrest was linked to its appeal process, insisting it respected the courts while pursuing legal avenues to review the acquittal.

Legal analysts say the episode highlights ongoing tensions between the executive, police, and judiciary in The Gambia’s young democracy. The GBA’s intervention underscores the legal fraternity’s role as a watchdog against perceived executive overreach.

The association concluded by reiterating its commitment to the supremacy of the rule of law. It warned that repeated disregard for court orders could erode public confidence in the justice system.

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