Gambia News : Magistrate asked to refer Gambian opposition bigwig’s case to supreme court

The lawyer of the campaign manager of the main Gambian opposition party United Democratic Party (UDP), Femi Peters charged with illegal "controlling of procession," has asked the Magistrate’s Court in Kanifing (about 11km from Banjul) to refer the matter to the Supreme Court for determination.

Peters is charged with controlling of procession and using a public address system in public without obtaining a permit.

The criminal trial started on Tuesday with UDP leader and lawyer Ousainou Darboe representing his campaign manager.

Darboe said it is the view of his client that the Public Order Act as amended by the National Assembly of The Gambia is inconsistent with the Constitution of the country.

He added that any law that is inconsistent with the National Constitution is null and void.

According to the lawyer cum politician, the National Assembly Members went in excess of their powers to enact the Public Order Act as amended.

He urged the trial magistrate, Joseph Ikpala, to refer the matter to the Supreme Court for determination.

The prosecutor, Inspector Fadera, urged the trial magistrate to overrule Lawyer Darboe’s application and allow the case to continue, pointing out that the matter before the Court is not about fundamental rights or a constitutional issue, but about a criminal offence.

Inspector Fadera added that the Court does not have powers to stay the proceedings of the case.

Mr Femi Peters was arrested on 26 October for allegedly organizing a meeting on 24 October for the United Democratic Party without obtaining a permit from the Police.