A government that claims to advocate for the rule of law does not wait for a court to order the dictates of law whenever it is evident that an act is outside the ambit of the law.
Defending the rights of citizens is required by section 17 of the Constitution. It does not only give the court the obligation to enforce human rights but demands that the government and all its agencies support the courts in such endevours.
Section 17 states:
“(1) The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by all organs of the Executive and its agencies, the Legislature and, where applicable to them, by all natural and legal persons in The Gambia, and shall be enforceable by the Courts in accordance with this Constitution.”
Omar Sarjo has a right not to be discriminated against. The government cannot free itself from either re-instating him or paying him his dues up to retirement age.
