… But is embarrassed by loss in Supreme Court
Prime Minster Barrow may have been a hit with the tourist crowd but tonight he has some egg on his face. After delivering a blistering lecture to former Prime Minister Said Musa in the House of Representatives yesterday, calling Musa a “fraud or a fool” and saying he “did not have time to take him and his colleagues to school”. Barrow’s government was sent to the back of the class by the Chief Justice. As described by Musa in the House, a group of citizens had applied to the court for judicial review of Barrow’s proposed legislation to allow for the preventive detention of known criminals. Contrary to the P.M.’s prediction, not only was permission granted but chief justice Conteh also granted an injunction against passage of the bill until the substantive matter could be settled. Attorney Lisa Shoman explains what the case is about.
Lisa Shoman, Attorney
“The citizen has the right under section twenty-two A to expect that if the government is going to make changes or if any law will be passed to make changes to their fundamental rights and freedoms, the citizen has a right to participate in a referendum. What we are saying is that the Prime Minister and his government have introduced, in the House of Representatives, a bill; the Constitution’s Sixth Amendment Act which will change sections five and seventeen of the Constitution. Those sections have to do with the right to personal liberty. As you know, that is the entire matter of preventative detention and the possibility that citizens may have to face a Constitutional change where they can be detained for seven days and perhaps for up to a month. What we are saying is that the law currently says that the prime minister must take the matter to a referendum and that by tabling the bill and having it go through its first reading and committee, he is already showing that he has no intention of taking the matter to referendum. And that it is further complicated by introducing it to the House at the same time and acting upon yesterday of having the second and the third reading and passing a referendum amendment bill to take away the right to have a referendum. So mek ah bruk it dong inna small change; not only are your constitutional rights being changed, but your right under the law to say anything about those rights being changed is being taken away as well. So that is what the application was about today; to say that the prime minister is acting outside the scope of his authority in refusing so far to have the matter go to a referendum and we’re asking the court for two things: a declaration that a referendum must be held and also an order of mandamus ordering that the prime minister do hold such a referendum. All we have at this stage is permission to then argue those applications before the court but it is an important first step.”
A very much embarrassed Prime Minister Dean Barrow explained to News Five that this morning an unprepared Solicitor General, Tanya Herwanger, mistakenly agreed to have the matter heard. Had she objected, said Barrow, the Chief Justice would have ruled that the petition was premature.
