Samba
Bah, Abdoulie Barry, Salim Jallow, Mamadou Alpha Jallow, Mamadou Korka Jallow,
Abdoulie Jallow, Pende Kadijatou Bah, Mariama Jallow, Mamadou Wurry Jallow,
Muhammadou Barry, Alpha Jallow, Omar Labbo Jallow, Lamin Bah, Alpha Omar
Baldeh, Amadou Jallow and Alasan Jallow were on the 3rd March, 2020, arraigned
before Principal Magistrate Isatou Janneh-Njie of the Kanifing Magistrates’
Court and charged on seven counts of conspiracy, obstructing a police officer,
assaulting a police officer, rioters demolishing building, rioters injuring
machinery, attempt to commit arson and assault causing actual bodily harm.
Prosecutors
alleged that on 28 February, 2020, at Kololi and diverse places and within the
jurisdiction of the honourable court of the Republic of The Gambia, the accused
jointly agreed amongst themselves to commit a felony to wit: setting fire on
voters cards in custody of the Guinean Consular General to The Gambia.
They
were alleged to have jointly and willfully obstructed Sergeant 2331 Samba Secka
and 1st Class Constable 5747 Ousman Susso, being police officers, from
executing their lawful duties.
It
was also alleged that the accused jointly and unlawfully assaulted Sergeant
2331 Samba Secka, who was executing his duties, by holding his hands with a
view to disarming and disabling him.
The
indictment bill further stated that they riotously assembled together and
unlawfully began to destroy the building of the Embassy Premises with
cutlasses, stones, hammers and gallons of petrol.
They
were alleged to have riotously assembled together and unlawfully damaged the
following: three computers, 2 printers
and motor vehicles registration number: RGI CMD marked Toyota Ford and RGI CD.
According
to the charge sheet, they willfully and unlawfully set fire on 37 ballot boxes
and 37 plastic boxes containing voters’ cards inside the premises of the
Embassy, so situated that the building caught fire from it.
The
Guinean nationals, according to the indictment bill, jointly and willfully
assaulted Mr. Nabi Ibrihim Youla, the Consular General of the Republic of
Guinea Conakry to The Gambia, by stoning him on his forehead, causing him
actual bodily harm.
The
prosecuting officer, Superintendent Mballow, told the court that they are in
court under Section 5 of the CPC to have the case mentioned and transferred to
the High Court. He submitted that Section 5 of the CPC deals with jurisdiction
and it has a provision.
He
stated further that in 2009, Chief Justice Savage, in exercise of his powers
under Section 5 of the CPC, established a Special Criminal Division. He then
read Legal Notice No. 3 to the court. He argued that Legal Notice No. 3 takes
the jurisdiction of the court to hear the case.
He
further submitted that count four is a capital offence, and applied to the
court to transfer the case to the Special Criminal Division. At this juncture,
he referred to Section 2 (a) and Section 99 of the CPC to support his argument.
“The
court cannot try count four and therefore cannot grant bail to the accused. I
am applying to the court to remand the accused, pending the hearing of the case
at the Special Criminal Division,” he told the court.
The
defence counsel argued that Section 24 (3) of the constitution deals with
presumption of innocence, citing Section 99 of the CPC. “The prosecution wants
to prolong the detention of the accused. They were in custody since 28
February, 2020. The prosecution knows that the court does not have the
jurisdiction to hear the case. Why then bringing the accused before the court?”
he quizzed.
On
points of law, Prosecutor Mballow argued that Section 24 (3) of the
constitution is not absolute.
The
presiding magistrate ruled that the court does not have the jurisdiction to
hear the case, adding that count four attracts life imprisonment. She
subsequently transferred the case to the Special Criminal Division and remanded
the accused, pending the hearing of the case at the High Court.
