Jul 29, 2009, 9:33 AM
Principal Magistrate Joseph Ikpala of the Kanifing Magistrates' Court, yesterday 14th December 2009, dismissed the application for a stay of proceeding made by Ousainou Darboe, the Defence Counsel in Femi Peters' trial.
Lawyer Darboe on 8th December, 2009, told the court that he had appealed at the High Court for a stay of proceedings against the ruling made by Magistrate Ikpala on 23rd November 2009.
He informed the court that he had appealed at the High Court and applied to the court for a stay of proceedings, pending the outcome of the appeal. Darboe said that the appeal was related to constitutional issues.
He further argued that "it is trite law that when an application of this nature is pending before any court, nothing is done that will have effect of depriving the court of adjudicating the application."
In reply, Inspector Fadera, the Prosecuting Officer, informed the court that he was mindful of the application made by the Defence Council for a stay of proceedings.
He further challenged that the motion of notice filed at the High Court by the Defence Council was detective.
He argued that there were no dates as to when the motion will be moved, adding that the date of filing of the motion is 4th November, 2009, when the ruling of the court was on 23rd November 2009 and that the motion had been prepared before the ruling.
He then urged the court to rule in favour of the prosecution.
In his ruling, the Magistrate Ikpala told the court that there is no stamp on the motion filed by the Defence Counsel for a stay of proceedings.
He said he could not believe that there is an appeal at the High Court by the Defence against his ruling on 23rd November 2009.
He went on to say that the Defence Counsel could not succeed with his application for a stay of proceedings, and therefore dismissed it and asked the Prosecutor to call his 3rd witness to testify.
At that juncture, Lawyer Darboe applied for an adjournment which was granted.
The case was adjourned to 22nd December 2009.