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State Makes Submission in IGP and Attorney General Wednesday, November 07, 2007 The State Counsel, Mr. Emmanuel Nka, was defence counsel for the Inspector General of Police and the Attorney General in civil suit brought against the defendants by Lamin Ceesay. Counsel Nka in making his submission yesterday before Senior Magistrate A. Mbake of the Kanifing Magistrates’ Court, argued that the court lacked jurisdiction to entertain the plaint against the defendants, arguing that Section 22 falls under chapter 4 of the Constitution which talks about fundamental rights and freedom; and by virtue of section 32 sub 1 and b, therefore, the Court lacked jurisdiction to hear any case touching on human rights, being a constitutional matter, and should in fact be heard at the High Court. Counsel Nka further argued that the court is faulted with jurisdiction as in section 3 sub 1 of the Subordinate Court Civil Proceedings Act (CPA) – which provision does not give the court jurisdiction to enforce or interpret the purported violation in respect of human rights and freedom. Reacting to the submission, the plaintiff’s counsel, Mr. Lamin L.K Mboge, objected to the submission on the ground of not only being frivolous but also an abuse of court process. Counsel Mboge posited that the claim before the court is not unlawful deprivation but claiming possession of two vehicles wrongfully seized by the defendant. Counsel Mboge further rebuffed section 22 (twenty two) cited by the state counsel. He said that the section is not applicable as the Court has mandatory powers to try any action arising upon a contract or in tort. Counsel Mboge further argued that it is unfair and unjust for the defendant to seize the plaintiff’s vehicles and allege that the plaintiff has stolen the vehicles. Counsel Mboge summed up that the court has statutory and territorial mandate to hear the matter before it. It could be recalled that Lamin Ceesay, the plaintiff, sued the IGP and the Attorney General for the wrongful seizure of the plaintiff’s Mitsubishi Pajero Registration no BJL 4650D valued at D195, 000 and Nissan Patrol Vehicle Reg No BJL 8378 D valued D260, 000 by the police, acting on behalf of one David John Hoult and Mr. Ruth. The case is expected back in court on the13th of November 2007 for ruling by Senior Magistrate Abdoulie Mbacke. Author: By Soury Camara & Dawda Faye Source: The Point |
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