By: Dawda M Jallow
Justice Sonia Akinbiyi of the High Court Annex in Banjul has granted an interim ex parte injunction restraining the Director General of Immigration from deporting or repatriating Muhammad Rene Schwarze pending the hearing and determination of a substantive application challenging his declaration as persona non grata.
The order was issued on Thursday, 2 July 2026, in a suit in which Muhammad Rene Schwarze is the applicant, while the Director General of Immigration and the Attorney General are the first and second respondents, respectively.
Counsel K Jallow, representing the applicant, moved a motion ex parte dated and filed on 1 July 2026. The application was supported by a 68-paragraph affidavit sworn by Rene Schwarze.
According to the counsel, the application followed an incident on 30 June 2026 at Banjul International Airport, where an immigration officer allegedly informed the applicant orally that he had been declared persona non grata.
In her ruling, Justice Akinbiyi granted all three reliefs sought by the applicant. The court restrained the Director General of Immigration from repatriating, deporting, flying out, or handing the applicant over to any law enforcement agency without a court order, pending the determination of the Originating Summons.
The court also restrained both respondents, the Director General of Immigration and the Attorney General, from deporting or repatriating the applicant to any country or handing him over to any law enforcement authority before he is allowed to be heard by the court.
In addition, the court ordered a stay of execution of the persona non grata declaration communicated to the applicant at the airport until the substantive matter is determined.
In delivering the ruling, Justice Akinbiyi emphasized the exceptional nature of ex parte orders, noting that they constitute a departure from one of the fundamental principles of natural justice, the audi alteram partem rule, which guarantees every party the right to be heard.
To safeguard that principle, the judge ordered that the interim injunction would lapse after seven days, allowing the respondents the opportunity to appear before the court and respond to the application.
The matter has been adjourned to 9 July 2026 at 9:00 am for the hearing of the Originating Summons, when both parties are expected to present their arguments before the court.