trial involving Alagie Darboe, who was earlier charged with impersonating as
State Intelligence Service operative at the Truth, Reconciliation and
Reparations Commission (TRRC), progressed on the 22nd August, 2019, before
Magistrate Mam Samba of the Kanifing Magistrates’ Court.
When the case was called before Magistrate Sillah, Defense Counsel Badjie objected to the charge and said that it could not hold because the named offence on the charge does not exist. On the other hand, the prosecuting officer, Kebbeh, replied on points of law that the charge was properly constituted.
In his ruling, Magistrate Sillah said that the NIA on paper is still NIA pursuant to Section 191 of the 1997 constitution. He further stated that the name SIS is nowhere found in our laws.
He added that whereas the name SIS is non-existent in the laws, it is also not found within the statutes creating government bodies. He subsequently struck out the matter for abuse of court process.
The accused was then rearrested and arraigned before Magistrate Mam Samba and charged with personating public officers.
It was alleged that the accused, Alagie Darboe, between the 10th January, and 17th January, 2019, at Dunes Hotel, Kololi, in the Kanifing Municipality of the Republic of The Gambia, falsely represented himself to security officers at the TRRC premises at Dunes Hotel as a State Intelligence Services official, and for such purpose, registered his name in the log book as a security officer whereas he is not.
Defense Counsel Badjie objected to the charge on the grounds that the same charge was brought before the same Kanifing Magistrates’ Court, noting that the charge currently before the court was dismissed by Magistrate Sillah as an abuse of court process because the SIS is not a public office that is known to the laws of The Gambia.
Supt. Mballow, in his argument, told the court that the case is not an abuse of court process because the charge was brought under a different suit number and before a different magistrate.
He spoke at length in his argument, citing some authorities to convince the court.
Meanwhile, the accused was granted bail in the sum of D25,000 with two Gambian sureties, who should deposit their ID cards and reachable addresses and telephone numbers. They should also swear to an affidavit of means.