It is not prudent to say there is no need to go court to secure the
release of a loved one whose human rights are being violated because
the courts will not rule in favour of the applicant. It is always good to put the courts to a test to see whether they will deliver justice.
The provision of section 19 of the constitution is very clear. It bars
security personnel or any authority for that matter from detaining
suspects for more than 72 hours without taking them to court. They are
bound by the constitution to release them either conditionally or
unconditionally. Otherwise if the matter proceeds to court, the court
will have no other choice but to order their release.
Former protocol officer, Modou Sowe, and Imam Ousman Sawaneh have
shown that they can defend their fundamental human rights in court.
Other family members whose loved ones have been detained should follow
suit. There is no need to fear going to court to secure the freedom of
one you love so dearly.
Section 19 of the constitution is designed to prevent abuse of
authority and detention without trial.
