By Kemo Kanyi
Amadou Jaiteh, an opposition leader has said that the developments surrounding the court case of Ousainou Bojang constitutes a test of The Gambia’s democratic integrity.
Mr. Jaiteh, the leader of the People’s Reformist Organization for Growth, Renewal, Equity, Security, and Social Justice (PROGRESS) made the statement in an opinion piece shared with The Voice Newspaper.
According to him, the High Court had acquitted Bojang and his sister, ruling that the prosecution had failed to prove its case beyond reasonable doubt. “In any constitutional democracy, that judgment should have marked the conclusion of the matter—subject only to lawful appellate procedures,” he said.
However, Jaiteh expressed concern over the subsequent re-arrest of the accused, which occurred before any higher court had ruled on the State’s appeal or application for a stay. “This sequence of actions is not a minor procedural irregularity. It strikes at the very core of judicial authority,” he remarked.
He emphasizes that the issue is not the State’s right to appeal, which is unquestioned, but whether a valid court order can be disregarded while an appeal is pending. “What is the meaning of a court ruling if it can be disregarded at will? What remains of judicial independence if executive actions can override legal decisions without consequence?” Jaiteh asked.
The PROGRESS leader warned that ignoring judicial rulings undermines the independence of the judiciary and risks transforming governance from rule of law to discretionary power. “This is how democratic backsliding begins—not through sudden collapse, but through incremental erosion,” he said.
Jaiteh adds that the case suggests a troubling trend, noting that law enforcement appears willing to act outside established legal boundaries, while the executive shows little urgency in ensuring respect for judicial decisions. He said such actions erode public confidence in the justice system and set a precedent for future violations.
He concluded by reaffirming the PROGRESS framework, stating that governance must be people-centered, accountable, and institutional, with independent institutions respected rather than circumvented.