By Mama A. Touray
Justice Ebrima Jaiteh of the Banjul High Court on Monday granted counsel B Touray’s application to strike out the Motion of Notice in the ongoing Hijab trial before the High Court.
Counsel B Touray in his submission told the court that on the case of the said motion on the last adjourned date, “we filed a summon of notice on the 27th June 2023 and we are withdrawing the motion of notice.”
Justice Jaiteh in his ruling said in the absence of no objection the motion has been struck out.
On the new motion filed, R Mendy told the court that she was served on Friday at 2:00 pm after the court close and that she needs time to advise herself, and that she believe others too need time.
He said he also filed an affidavit of opposition while counsel B Touray told the court that he was not served with the affidavit of opposition.
The Counsels were later served with the affidavit of opposition in court.
“It is highly regrettable because we filed the service fee, I cannot explain why it has taken time to be served to the respondents,” he told the court.
Justice Jaiteh asked the respondent counsels to look into their diaries and see if they can have a space to hear this case in this term before the court will go on vacation.
R Mendy in her objection said it is going to be difficult as her diary is busy and filled up for this month.
Counsel Senghore in her submission told the court that none of the applicants are students from the school of the sixth respondent and that there must be an action for the sixth respondent to be in court but an issue cannot happen so because someone accused the school of the sixth respondent does not qualify for him to be dragged along in this case.
Counsel Borry Touray in his response told the court that the fact that none of the applicants are a student of the sixth respondent’s school is not the case here as the case he said is a public matter and that most of the applicants are not students.
Counsel Touray went on to cite from paragraph twenty of the originating sermon which states that there is a student who claimed to be a student of the sixth respondent’s school and that makes the sixth respondent part of the case.
The schools involved are Gambia Secondary School, Reverend J.C. Faye Memorial School, St. Peter’s Senior Secondary School, St. Therese’s Upper Basic School, Grace Bilingual School, and Charles Jow Memorial Academy plus Ministry of Basic and Secondary Education and Attorney General.
The applicants are Kadijatou Saidy 1st applicant, Maimuna H. Jawo 2nd applicant, Fatou Binta Darboe 3rd applicant, AasiyaA. Darbo, 4th, 5th and 6th are all minors.
The parties involved eleven (11) applicants of which 1st to 7th are students most of whom are minors and eight ( 8) respondents.
The reason for the summon is an application for enforcement of a fundamental right and freedom as enshrined in sections 25, 33, and 37 of the 1997 constitution. The applicants felt that their rights have been violated and action should be taken to address the situation.
The applicants claimed that six schools which are respondents should allow 1st to 7th applicants and other Muslim female students who are obliged to wear veil or hijab over their heads in expression of their Islamic belief and schools actions are unconstitutional and a clear violation of their fundamental human rights as enshrined in 1997 constitution, also claimed that any policy, rule and regulations of respondents that deny students right to veil should be void, an order or perpetual injunction restraining the 1st to 6th defendants (schools), it’s agents, servants, privies and officers from further interfering in the matters of the fundamental right of the 1st to 7th applicants, an order directing to 1st to 6th schools allow the students wear veil in the schools, also directing an order to the Seven( 7) respondents which is ministry of basic and secondary education to take up all necessary measures including passing of law, rules and regulations as to ensure that schools allow female students to wear veil, also directing the eight (8) respondent Attorney General to take up all necessary measures including laws, rules and regulations to ensure that schools within the country and tertiary institutions as well to allow female students to wear veil and also ordering directive to six schools jointly pay 1st to 7th applicants sum of twenty million dalasis to share among the 1st to 7th applicants as compensation for emotional distress and embarrassment they suffered as result from the actions of six schools, Gambia Secondary School, Revered J.C. Faye Memorial School, St. Peter’s Senior Secondary School, St. Therese’s Upper Basic School, Grace Bilingual School and Charles Jow Memorial Academy plus Attorney General and Ministry of Basic and Secondary Education.
Justice Jaiteh in adjourning the case said: “Due to the late filing of the motion the matter has been adjourned to the 1st November at 1:00 pm, 2nd November at 10:00 am, 8th November at 10:00 am, 9th November at noon, and 22nd November at 10:00 am and 23rd November at noon for hearing of the motion filed 27th June 2023”.