Senegalese Ndaga superstar Wally Balago Secka has narrowly escaped police arrest in The Gambia, hours before his scheduled musical show performance, Freedom Newspaper can authoritatively report. This followed an absconding debtor’s warrant issued against the artist by the Brusubi magistrates’ court. The court had earlier ordered the police to place singer Wally Seck under custody. One of the conditions attached to his bail, was for the artist to deposit 10,000 Euros and his travel documents to be surrendered upon bail. The court order was to be executed by the Sheriff Division and police stations headed by a police Commissioner and station officers.
The court order followed a lawsuit filed against Fanta Siddibeh and Wally Seck by one Ousman S. M. of Kololi. The artist had complied with the court order and was never arrested. He has paid the 10,000 Euros as ordered by the court to facilitate his temporal freedom.
Wally’s legal woes came in the wake of his alleged failure to honor show contractual agreements he had reached with the Social Security and Ports, we are told.
Wally has been hosted at a five-star hotel around the Senegambia strip joint. His promoters had deposited the 10,000 Euros as ordered by the court. The deposit was supposed to be made on Friday February 19, pending the determination of the substantive suit.
The presiding magistrate in his ruling noted that his ruling was premised upon an ex-parte motion that was filed by the plaintiff’s Lawyer Mrs. Hajum Gaye-Achigbue. The motion was supported by a 20-paragraph affidavit.
Part of the motion sought for the issuance of an absconding debtor’s warrant against the second defendant Wally Seck. It also asked the court for an order to be issued that would compel the Senegalese artist Wally Seck “to provide a deposit before this honorable court, a good and valid security pending the hearing and determination of the said suit.”
The magistrate said having heard Lawyer Hajum Gaye’s submission, it is trite law that ex-parte motion need not be served on the opponent nor be waited upon and be responded to. The purpose for an absconding debtor’s warrant, the magistrate went on, is to ensure that the defendant (Wally Seck) is placed in a position to ensure that the plaintiff (Ousman S.M) reap his fruit in the event judgment is his/her favor. He added that the absconding debtor’s warrant is also to ensure that the defendant responds to the substantive suit in court.
“Counsel’s submission buttresses on the 20-paragraph affidavit deposed by Sosanawo Toluwalope in support to the motion so moved. Having stated the rationale behind an absconding debtor’s warrant, and having heard plaintiff’s counsel pertinent submission, the court is as last resort for the plaintiff in accordance with the law,” the magistrate ruled.
“It is the view of this court that if the said prayer (1) sought on the face of the motion ex-parte is not granted, it may lead to injustice. In light of the above having adopted the motion ex-parte supported by a 20-paragraph affidavit moved by the plaintiff’s counsel, issues and reasons in her submissions, the court hereby deem it fit to grant the said application,” he further ruled.
The case was presided by magistrate M.L Thomasi.
The plaintiff Ousman S.M Koli and the defendants: Fanta Siddibeh and Wally Balago Seck were absent in court when the ruling was delivered on Wednesday February 17th, 2021.