Oct 28, 2015, 9:38 AM
(Friday Issue, 1 July 2016)
Gambia Court of Appeal presided over by a three-member panel of Judges led by
Justice O.A. Adogoke, Sallah-Wadda and Edrissa Fafa M’bai yesterday unanimously
granted the December 30 attackers’ application to amend a notice of appeal.
When the case was called, B.S. Touray appeared for the 1st appellant, M. Alfred appeared for the 2nd, 3rd, 5th and 6th appellants whilst L.S. Camara appeared for the 4th appellant.
DPP S.H. Barkun appeared for the respondent alongside with deputy DPP M.B. Abubacarr and A. Yakubu.
Delivering the ruling, Justice M’bai said the appellants filed a 21-paragraph affidavit in support, and the state filed a 7-paragraph affidavit in opposition.
He said both parties cited authorities to support their arguments, but it was with regret that not even one such authority was filed before the court until the day before the ruling and they, therefore, discountenance them.
He said the respondent stated that the notice of appeal before the court was jointly signed by the appellants when the notice of appeal should have been signed by the appellants individually.
Justice M’bai said the respondent said that the deponent said he was given information, but did not state specifically which counsel gave it to him and the place and time.
Justice M’bai further stated that the issue before the court for determination was whether the application for amendment was competent, and whether the court could grant the amendment.
He said it was a fact that the appellants had signed the affidavits.
He added that it was incorrect for the respondent to say that the appellants had signed the notice of appeal jointly.
“I hold that the application for amendment is competent,” he said.
On the issue of whether the court could grant the application for amendment, Justice M’Bai said the respondent stated that the application for amendment would be prejudiced, but did not show how.
He said the errors on the notice of appeal were errors of the counsel, and not the appellants.
He said in view of the fact that the respondent did not show how the amending of the notice of appeal would be prejudiced, the application to amend the notice of appeal filed by the appellant was granted.
The panel unanimously agreed on the ruling.
Justice O.A. Adogoke then said the case file would, therefore, be sent to the registrar of the high court.