STATE GUARDS SOLDIER SEEKS D2.2M COMPENSATION, SUES GAF, ASSEMBLY, AG FOR ‘UNLAWFUL’ DETENTION

State Guards soldier Sergeant Adama Jagne who was arrested last week and charged with contempt by the parliamentary committee investigating the sale of former president Jammeh’s assets has filed a lawsuit at the Banjul High Court against the Clerk of the National Assembly, Chief of Defence Staff of the Gambia Armed Forces and the Attorney General seeking a declaration that his arrest and detention is unlawful and an award of D2.2 million as compensation and legal costs.

Jagne was arrested on 29th October and charged with contempt of the National Assembly, becoming the first person to face such charges in the ongoing probe into the disposal of assets belonging to Jammeh.

The parliamentary committee accused him of withholding “vital information, coaching other witnesses and misleading” the committee. Jagne was picked up at the parliament by the military police and detained.

In his summons seen by The Standard, Jagne who is represented by lawyer Malick HB Jallow is claiming a declaration that his arrest and detention by the first respondent (CDS of Gambia Armed Forces) on the orders of agents of the second respondent (Clerk of the National Assembly) since 29th October is “unlawful” and “violates his right to personal liberty.”

Sergeant Jagne is also seeking a declaration that the order of contempt of court made against him by the National Assembly without affording him an opportunity to show cause prior to making the said order violated his right to fair hearing. He further wanted the high court to order the CDS to “unconditionally discharge” him from custody.

Compensation
Sergeant Jagne is also seeking an order awarding compensation of D1 million by the Clerk of the National Assembly and another D1 million by the CDS and legal and administrative fees of D200,000. 

According to the affidavit in support of the motion, since his arrest, Sergeant Jagne has been in custody without being taken to court and that his “dramatic arrest captured live on television for the whole world to see has been a source of acute emotional and psychological distress” for him and his family. The affidavit further argued that the chairman of the parliamentary committee “lacked” the authority to order for his arrest and detention by the CDS.

Source: The Standard