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Gambia: Court Bars Mourid Activities At Tobacco Rd

Principal Magistrate, B.Y Camara, on Wednesday placed a permanent injunction on the activities of the Mourid Brotherhood at Tobacco Road. He made this decision after the leader of the group, Modou Njie, was found guilty on charges of breaching the peace and assaulting a police officer in due execution of his duties.

The statement of offence on count one states that the accused person was charged with prohibitions of conduct conducive to the breach of the peace contrary to section 9 of the Public Order Act, Volume III, Laws of The Gambia 1990. The particulars of the offence states that on or about the 15th day of October 2006 at Tobacco Road, the accused person behaved in a manner at a gathering whereby the breach of peace is likely.

The accused person and the people of Tobacco Road were involved in a brawl. The statement of offence on count 2 states that the accused person assaulted a police officer in due execution of his activities contrary to section 23 (1) (b) of the Criminal Code. The particulars of offence states that on or about the 15th day of October 2006 at Tobacco Road, the accused person assaulted constable 2254 Ansumana Kinteh and others in the due execution of their duties.

After going through the evidence before the court, the learned magistrate ruled that the prosecution has proved its case beyond reasonable doubt. He told the accused person that the court is of the view that he is guilty and that the court has convicted him on both counts.

In his plea of mitigation, the accused person stated that he has regretted his actions and that he would never do it again. The trial magistrate told the accused person that members of the Mourid Sect are peaceful and hard working. He noted that the founder of the Mourid Sect was a proponent of peace and had lived in an atmosphere of peace with his neighbours. He further noted that the accused person did not behave like a member of the Mourid Sect, noting that he has not maintained the peace in Tobacco Road. He went further to say that the accused person has not done badly in the Gambia and that is why he is able to marry two wives. He said the accused person should maintain the peace so that foreigners coming to The Gambia can enjoy the peace that exists here.

The judgment on count one reads, "You are hereby asked to stop all activities, i.e, singing, dancing, drumming and all manner of disturbance and interference in Tobacco Road. I am hereby placing a permanent injunction on all your activities at Tobacco Road, a moratorium, and all such activities in Tobacco Road with immediate effect. The long suffering people of Tobacco Road need peace and tranquility, and peace and tranquility must be permanent."

The Magistrate said the penalty for count one is severe. He said the law has empowered him to send the accused to fourteen years of imprisonment. He asked the prosecutor whether the accused person has misbehaved after his arrest, but the prosecutor responded in the negative. At this juncture, the trial magistrate ruled that he has decided to fine the accused person ten thousand dalasis or in default to serve three years in prison. He said he had given the accused person up to the 21 May to pay the fine. He further told him that he will continue to be on bail.