By Cecilia E.L. Mendy & Kemo Kanyi
Dawda Jallow, Gambia’s Minister of Justice yesterday acknowledged government’s unlawful re-arrest of Ousainou Bojang and his sister Amie, following their release from Mile 2 Prison.
Speaking at a press briefing on Wednesday, Jallow described the re-arrest as “regrettable” and said government interventions were made to resolve the matter. He confirmed that the appeal case related to the issue was ongoing.
The Attorney General highlighted that after Ousainou Bojang was acquitted and discharged, he could not have been legally rearrested without a valid court order. Jallow noted that necessary interventions led to Bojang’s immediate release.
“Acquittal does not mean the individual is not guilty,” Jallow said, speaking in general terms. He explained that being acquitted and discharged means the court determined that the evidence presented was insufficient for a conviction.
The Minister acknowledged the challenges faced by the state in prosecuting cases, noting that efforts were underway to reduce the number of cases the government lost.
“To be released from prison and then re-arrested is not lawful; it is regrettable. After having been formally released, he could not have been re-arrested without a further court order, which I am not aware of. Necessary interventions were done, and he was released immediately the following morning,” he said.
When asked if he would consider resigning following high-profile case losses, including those of Abdoulie Sanyang and Ousainou Bojang and his sister, Jallow said he would continue to serve in his current role.
“I am here to address challenges, understand why cases are lost, and find solutions to reduce such occurrences. I serve at the pleasure of the President. If circumstances arise where I feel I can no longer continue, I would resign. I do not need advice on resignation,” he said.
“But until the President decides otherwise, I will continue to serve. I am here, and I do not get intimidated,” he added.