Reports reaching Gainako has it that former Secretary General and head of the civil service Momodou Sabally has been granted bail by Justice Emmanuel Amandi of the Banjul High Court. The bail was set at D1.5 million Dalasis. Sabally has been unconstitutionally detained for over four months since his dismissal from office and subsequent arrest in July. He was also ordered to surrender all his travel documents and confined to a home detention while his case proceeds.
Justice Amandi noted in granting bail that Sabally is a responsible man and express optimism that he will fulfill his bail requirements. Sabally’s lawyer Antouman Gaye earlier argued that his client will follow orders and that he deserves to be granted bail. Sabally is facing several charges of economic crime and abuse of office while serving as Secretary General and minister for Presidential affairs.
Although Sabally’s crimes are bailable offenses many people wonder why it took the courts over four months to detain Sabally and granted him bail after several appearances before the courts. What has changed in Sabally’s detention that warrants granting him bail now that negates the same eligibility of his detention since July is anyone’s guest. It is clear that justice delayed is justice denied – what is manifested in Sabally’s long detention and final bailing only proves critics and rights groups’ assertion that the Gambia government continue to violate the constitutional rights of citizens and access to due process of the law. It appears that the sitting Justice simply grants bail when he wants to without reference to any legal basis. While Sabally is granted bail several others including Mamburay Njie and many others continue to be detained.