Tuesday, June 28, 2022

Law Enforcement Agencies Must Adhere To The Law

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A law enforcement agency is supposed to enforce the law. As such it must always adhere to the law. It cannot unlawfully occupy a plot of land or to re-arrest someone whose detention has been declared by a court to be unlawful.

The independence and decisions of the courts must be respected. In fact, it is the duty of the executive to assist the courts in their work as expressed in section 125 of the Constitution:

(3)  In the exercise of their judicial functions, the courts, the judges and other holders of judicial office shall be independent and shall be subject only to this Constitution and the law, and, save as provided in this Chapter, shall not be subject to the control or direction of any other person or authority.

(4)   The Government and all departments and agencies of the Government shall accord such assistance to the courts as the courts may reasonably require to protect their independence, dignity and effectiveness.”

What we need in The Gambia is the rule of law not the rule of might.

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