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Bai Ousman, Batata, Willy Joof Freed

Jan 21, 2009, 4:49 AM | Article By: Modou Sanyang


The State had filed a nolle prosequi in the criminal case against Willy Joof , Bai Ousman Secka and Muhamadou Batata Juwara that were before the Banjul Magistrates' Court.

According to the nolle prosequi in the case of Willy Joof, pursuant to section 85 of the 1997 constitution, section 64 of the criminal procedure code cap 12 volume III laws of the Gambia 1990 as amended by the criminal procedure code (Amendment) (No.2) Decree 1995 No.50 and section 2 of the law officers Act cap 7:02 volume III laws of the Gambia 1990. The statement of the withdrawal states "I Dr Henry D.R Carrol, Solicitor General and Legal Secretary hereby enter Nolle Prosequi in the case and accordingly inform the honourable court that the State intends that proceedings in the criminal case No.B126/07 shall not continue against the accused person therein William John Joof and the same is hereby discontinued forthwith".

In the separate case involving Bai Ousman Secka and Muhamadou Batata S. Juwara, the Nolle Prosequi stated that pursuant to section 85 of the 1997 constitution, section 64 of the criminal procedure code cap 12 volume III laws of The Gambia 1990 as amended by the criminal procedure code (Amendment) (No.2) Decree 1995 Decree No.50, and in Gambia 1990 also noted that "I Dr Henry D.R Carrol, Solicitor General and Legal Secretary hereby enter a Nolle Prosequi in this case and accordingly inform the Honourable court that the State intends that proceedings in the criminal case N0.B 33/08 shall not continue against the accused persons therein, Bai Ousman Secka and Muhamadou Batata S. Juwara and the same is hereby discontinued forthwith".

The presiding Magistrate Lamin George subsequently discharged Bai Ousman Secka and Muhamadou Batata Juwara.