The
Gambia Court of Appeal presided over by a panel of three judges, namely
Justices A. Adegoke, Edrissa Fafa M’bai and Awa Bah, yesterday unanimously
refused the bail appeal of Lawyer Ousainou Darboe, party leader of the United
Democratic Party (UDP), and 19 others.
The
other appellants are Kemeseng Jammeh, Femi Peters, Lamin Dibba, Lamin Jatta,
Yaya Bah, Babucarr Camara, Fakebba Colley, Ismaila
Ceesay,
Momodou Fatty, Dodou Ceesay, Samba Kinteh, Mamudou Manneh, Nfamara Kuyateh,
Fanta Darboe, Lamin Njie, Jukuna Suso, Momodou L.K. Sanneh, Yaya Jammeh and
Masanneh Lalo Jawla.
Delivering
the lead judgment, Justice Adegoke said the applicants are standing trial at
the Banjul High Court on seven counts of unlawful assembly, riot, incitement of
violence, interfering with a vehicle, holding a possession without a permit,
disobeying an order to disperse and conspiracy to commit felony.
She
added that the appellants applied for an oral bail application,
which
was refused, and they were ordered to file a bail application, which was
equally refused.
She
added that the grounds of appeal of the appellants were
that
the trial judge held that a prima facie case had been established
against
the accused persons when no evidence was given yet; that they were not given
the opportunity to be heard; that the trial judge erred by saying the accused
persons abused their liberty; that the trial judge convicted them before the
commencement of the trial; that the trial judge failed to consider that all the
charges against them were misdemeanours, and that the trial judge failed to use
the Gambian law instead applied the Nigerian law.
She
said the applicants contended that a prima facie case was made
after
the end of the prosecution’s case.
She
added that the prosecution argued that the trial judge should consider all the
evidence against the accused persons, even though it is yet to be tested by the
court.
She
noted that the applicants further argued that the
trial
judge’s decision was “erroneous”.
Justice
Adegoke said it was the view of the court that in granting
bail
the trial judge should and was expected to closely look at the
strength
and character of the evidence before it.
The
appellants argued that the trial judge was “bias and prejudicial” towards them
when he said, ‘’I found that the offences were allegedly committed by the
applicants.”
“Bias
is a serious allegation against a judicial officer, and whosoever alleges it
must substantiate it with facts,’’ she said.
She
said the prosecution said if the appellants are granted
bail
they would jump bail, would commit similar offences and that the charges the
applicants are charged with threaten the security of The Gambia and that more
charges might be preferred against them.
She
added that she did not see in the records where the applicants
filed
an affidavit of reply debunking these facts by the prosecution.
She
added that she was in agreement with the learned trial judge that
where
facts are not controverted they are true.
“Based
on the foregoing, this appeal therefore failed in its
totality
and it is accordingly refused,’’ ruled Justice Adegoke.
Justice
Awa Bah and Justice Edrissa Fafa M’bai associated
themselves
with the lead judgment delivered by Justice Adegoke.
