Due process of law enables justice to be done and be seen to be done. It is becoming evident that the more democratic a society the more a country should do away with administrative and military tribunals and subject all citizens, civil or military, under the same criminal justice system. This is the only way to guarantee equality before the law.
When the information spread that a coup has been foiled, Foroyaa raised the question whether what was foiled was a coup in the making or just intentions that have not gained fruition. The sole conviction leaves many questions unanswered. It is therefore important to draw the right lessons from the court case.
The key lesson is that the court system is demonstrating independence and integrity that could earn it the trust of the population. The executive could enhance trust by accepting the verdict of courts or challenging them by appealing to its higher jurisdiction without putting any impediment to the liberty of the acquitted.
Justice is premised on presumption of innocence. Accusation and charges create suspicion of guilt which puts the liberty of the accused at stake, meriting limited restriction to such liberty to the granting of bail. Courts are established to receive evidence and weigh them independently and impartially in order to determine innocence or guilt. Once there is acquittal, presumption of innocence is transformed into confirmation of innocence, thus meriting unrestricted liberty.
Foroyaa therefore strongly recommends to the Barrow administration never to adopt the draconian policy of arresting and detaining any acquitted person. Once the court decides on innocence, the state should do nothing other than to accept the verdict or appeal the case while the acquitted person is allowed to enjoy the fullest liberty. This is the verdict of justice and it is incontrovertible.
