Samsudeen Phatey, a Gambian journalist and an activist based in the USA has requested Justice Ebrima Jaiteh to recuse himself from his case for delaying a ruling in his case before him at the high court.
Sam Phatey made this application on 22nd February 2023 at the high court in Banjul. The case is set for adoption of briefs of proceedings later this month.
The Children’s Court in Brikama has made orders granting interim custody to Samsudeen Phatey and his ex-wife Neneh Thompson is seeking a review of those orders at the High Court.
Meanwhile, Sam Phatey has filed a motion for the orders of the Brikama Magistrate’s Court to be enforced pending the determination of the review application filed by Neneh Thompson at the High Court. This motion was delayed for nearly 6 months.
The affidavit filed on 22nd February 2023 on behalf of Sam Phatey, asked Justice Jaiteh to recuse himself from the case and any other further order that the court may deem fit to make.
According to the affidavit, the motion was only set down for hearing by the court on the 14th day of December 2022 at the instance of the Respondent’s counsel and without consultation with Counsel for the applicant, 6 months after same was filed with a certificate of urgency.
“Such an inordinate delay in hearing the motion by the court is inconsistent with a genuine commitment to hear and determine the motion within a reasonable time,“ the affidavit filed on behalf of Sam Phatey stated.
The affidavit further stated: “That on 11th day of January 2023, Counsel for the applicant was informed by the court that the ruling was not ready and there has been no progress on same since.“
“The sequence of events in this matter has certainly created an appearance of bias on the part of the presiding judge Justice Ebrima B. Jaiteh and makes a mockery of the sense of urgency that the motion dictates and ought to dictate“.
“That the failure of the presiding judge to hear and determine the motion within a reasonable time has invariably brought this judicial process into disrepute, eroded the confidence of the applicant on the impartiality of the presiding judge Justice Ebrima B. Jaiteh,“ the affidavit ends.