By Ousman Saidykhan
In a striking display of judicial authority, Justice Ebrima Jaiteh of the Banjul High Court expressed his discontent with the police over their failure to comply with a court order during a murder trial involving Ouainou Bojang, a Brufut native accused of killing two officers of the Police Intervention Unit (PIU) and injuring another at the Sukuta-Jabang Traffic Lights in September 2023.
The defense counsel, Lamin J. Darboe, had formally requested the court to compel the Sukuta Police Station to produce a document—a diary from the month when Bojang was apprehended and detained in connection with the alleged incident. This request was made during a December 10, 2024 hearing, and the court ordered the police to present the diary at the next scheduled hearing, set for Tuesday, January 14.
However, when the court convened on Tuesday, representatives from the police failed to appear. Despite having been duly served with the court court’s order, their side did not communicate to explain their absence. Justice Jaiteh’s frustration was palpable as he addressed the situation, highlighting the importance of adhering to court directives and the implications of disrespecting judicial authority.
“Orders of court are to be respected. This is contemptuous – it is tantamount to disobedience to lawful orders. I don’t like that the police, who are custodians of the law, are found wanting – to break the law, and at the same time, they are the ones protecting the law. What sort of police officers do we have in The Gambia when the police officers themselves do not have respect for the law – breaking the law? And they expect citizens to respect the law. That cannot be possible,” said Justice Jaiteh.
The Director of Public Prosecution, A.M. Yusuf, apologized for the police’s conduct. “I apologize, my Lord,” he repeated repeatedly. He said he did not know why the police failed to respect the order.
“You cannot flout a court order and sit in your comfort zone. That is unacceptable. They are supposed to be here today. This man is in prison. He has just narrated his ordeal of incarceration. They would not want to be subjected to that kind of condition. So, they should respect humanity,” Jaiteh warned.
The high court judge asked the DPP to tell the police that they “cannot be breaking the laws of this land” as law enforcers because “disobedience to a lawful order is just as any criminal breaking the law.”
According to him, the proper thing for the police to do is respect the court’s order to appear, explain to the court if they disagree, and then work it out with the court, ” but [not] ignore it—I don’t care attitude—and you are a law enforcement officer.”
He said most police officers have gone through law school and are expected to understand those things, emphasizing that the Gambia is maintained by law and that “the rule of law is what ensures peace in this country. Not your physical muscles, no! Not even guns.”
“Once they are served with an order, it is subsisting – it is binding. If they don’t have it, they don’t have it. If it is damaged, lost, or burnt, they come to the court and explain. But that order cannot be left in vain… we are the last hope of the people. If this court is not here, there will be war in this country – there will be a state of anarchy.
“So, this is the last hope. We don’t want to turn this country into a war-torn country where people will resort to self-help and put the law into their own hands. We cannot afford that. We have gone a long way,” said Justice Jaiteh, saying, “It is the law that makes sure we live as civilized men and women in this country. We must respect it; we subdue to it.”
