Delivering the ruling, Justice M. Abdoulahi stated that the applicant was seeking for an order for the court to admit him to bail, and in doing so, the defence filed an affidavit, and said they are relying on the paragraphs contain therein.
He said the defence argued that the offences with which the applicant was charged with were all bailable, and urged the court to grant him bail, as the applicant would never jump bail if granted.
Justice Abdoulahi further stated that the state through the Director of Public Prosecutions also filed an affidavit in opposition, and they are relying on all the paragraphs.
The DPP submitted that the nature of the offence would not allow the court to grant bail to the applicant, and if the applicant was granted bail he would jump bail, and there was likelihood of pressing more charges against the applicant, he said.
The judge then highlighted some of the factors that could discourage the court from granting bail, such as the nature of the charge, the gravity of the offence, and the punishment of the offence.
He stated that the health condition of the applicant, which was contained in the affidavit, showed that the applicant is a diabetes patient, and his medical report was attached to the affidavit.
Justice Abdoulahi added that the defence counsel also indicated in their affidavit that the applicant’s health condition was a concern, and he was also said to be hypertensive and there was no such facilities at the Mile 2 to treat hypertension.
He said the defence argued that it was based on this reasons that they urged the court to grant the applicant bail.
“It is also argued that the prison authority had the facilities to be taking patients to Edward Francis Small Hospital,” he said, noting that every person had a right to health facility.
He pointed out that there was nothing to show that the applicant was suffering from a communicable disease, which he could transmit to other inmates.
“I have noted that the applicant is facing charges at the Banjul Magistrates’ Court, and the case was transferred to the High Court,” he added.
“Investigation into the case does not last forever, and at this point I will refuse the application till 25 April 2013, when I will revisit the application if the respondent failed to file a bill of indictment,” the judge added.
He then ordered the respondent to provide all the necessary medical facilities needed by the applicant for treatment.
It would be recalled that Benedict Jammeh was earlier arraigned alongside others at the Banjul Magistrates’ Court and charged with eleven counts.
He was subsequently remanded in custody, and the case was transferred to the High Court.
The particulars of offence on count one at the lower court alleged that Benedict Jammeh and Abdoulie Ceesay between 2010 and 2013 in Banjul and diverse places in the country, extracted from the monies recovered from the 38, 800 Euros and other Gambian currencies amounting to D6, 000 and organised a party for their operatives, which monies should have been tendered as exhibits to the court.
On count two alleged that Abdoulie Ceesay, between 2010 and 2013 in Banjul and diverse places in The Gambia, intentionally failed to exhibit cash of 18, 500 Euros to the court in the case of Muminatou Ceesay and others, but later kept it at the Sheriff Division, which in the judgement was forfeited to the State. But instead he withdrew it from the Sheriff Division and it was used to purchase a vehicle for Benedict Jammeh, thereby caused economic loss to the Government of The Gambia.
Count three stated that Benedict Jammeh, between 2010 and 2013 in Banjul and diverse places in the country failed to properly manage the properties of Sillaba Samateh as ordered by the court by failing to collect the rent fee of those properties from ECOBank for onward transmission to the NDEA accounts, thereby causing economic loss to the State.
Count four revealed that the second accused, Abdoulie Ceesay, between 2010 and 2013 in Banjul and diverse places in the country, abused his functions as a staff employed in the services of The Gambia government by failing to exhibit cash of 18, 500 Euros to the court in the case of Muminatou Ceesay and others but later kept it at the Sheriff Division which in the judgment was forfeited to the State but instead he withdrew it from the Sheriff Division and was used to purchase a vehicle for the first accused Benedict Jammeh, thereby causing economic loss to the Government of The Gambia.
Count five read that Benedict Jammeh, between 2010 and 2013 in Banjul and diverse places in The Gambia, being employed as the director general of NDEA, abused the functions of his office by failing to properly manage the properties of Sillaba Samateh, as ordered by the court; instead he paid such monies accruing from the rent of such properties to ECOBank, thereby caused economic loss to the State.
Count six stated that Benedict Jammeh and Yusupha Jatta, between 2010 and 2013 in Banjul and diverse places in The Gambia, gave information to the Office of the President and the Gambia Radio and Television Services (GRTS) that one Assan Touray was wanted for drug-related offences, an information they knew or believed to be false.
Count seven disclosed that Benedict Jammeh and Abdoulie Ceesay between 2010 and 2013 in Banjul and diverse places in the country, conspired among themselves and fabricated evidence that Abdurahman Touray of Pristine Company was wanted in The Gambia for drug-related offences in which they preferred criminal charges against him and presented it to the Gambia Police Force which was later found to be false.
Count eight of neglect of official duty and the particulars of offence stated that Benedict Jammeh and Foday Barry, between 2010 and 2013 in Banjul and diverse places in The Gambia were given executive directives from the Office of the President, instructing them to trace one Adama Jobe through bilateral and security contacts in the case of one Juergel Odelward, the general manager of Ocean Bay Hotel which they failed to do, thereby committed an offence.
Count nine indicated that Abdoulie Ceesay, between 2011 and 2012 in Banjul and diverse places in the country, being employed as the public relations officer at the NDEA, was using one vehicle marked KIA belonging to Ocean Bay Hotel, thereby committed an offence.
It was alleged on count ten that Benedict Jammeh, between 2010 and 2012 in Banjul and diverse places in The Gambia, being employed as director general of the NDEA, abused the functions of his office by unlawfully terminating and dismissing the services of twenty (20) NDEA officers without authority, thereby committed an offence.
Count eleven alleged that Yusupha Jatta, between 2010 and 2011 in Banjul and diverse places in The Gambia stole fifteen gallons of 20 litres of fuel from one Demba Jobe, thereby committed an offence.
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