The
accused persons on the amended information before the court are Lamin Sonko,
Bubacarr Gitteh, Baba Ceesay, Modou Touray, Ebrima Janko Ceesay, Alhagie Fatty,
Alhagie Jammeh, Lansana Beyai, Lamin Marong, Lamin Jatta, Lamin Camara, Ebrima
Jadama, Pa Ousman Njie, Kekuta Yabo, Bubacarr Jah, Muhammed Jawneh, Bubacarr
Touray and Saderr Secka, Nogoi Njie, Fatoumatta Jawara, Fatou Camara, Kawsu
Bayo, Modou Ngum, Ebrima Jabang, and Kalilou Saidy.
They were indicted on a seven-count charge of unlawful assembly, riot, incitement of violence, riotously interfering with vehicles, holding a procession without a permit, disobeying an order to disperse from an unlawful procession and conspiracy.
When the case was called, DPP S.H. Barkun appeared for the state, while Senior Counsel A.A.B. Gaye led the defence team.
The trial Judge, Justice O. Ottaba, then said: “I decline further hearing of this matter and the case filed shall be forwarded to the Chief Justice for reassignment.”
It would be recalled that the accused persons were denied bail on 9 May 2016 on the grounds that the application “lacks merit”.
After the bail ruling, Senior Counsel Gaye informed the court that they wished to adopt the same submission they made in Darboe and Co case for a stay of proceedings on counts 5 and 6, which are Public Order Acts, and for this matter to be referred to the Supreme Court for determination.
DPP objected, saying “the circumstance of the case is different”.
The trial judge ruled that he would adjourn the case, and the ruling on the submission on a stay of proceedings on counts 5 and 6 in Darboe and Co trial would determine what step would be taken in the case.
The bill of indictment on count one stated that the accused persons on 14 April 2016, at Westfield, with intent to breach the peace and provoke other persons to breach same unlawfully assembled in a manner that caused fear in the neighbourhood and thereby committed an offence
Count two stated that the accused persons on the same date and place assembled without a permit with intent to breach the peace and caused terror to the public and thereby committed an offence.
Count three stated that the accused persons on the same date and place published banners with statements calculated to lead to the destruction or damage to properties and thereby committed an offence.
Count four stated that the accused persons on the same date and place without a permit assembled in a manner that prevented the movement of vehicles around Westfield and thereby committed an offence.
Count five stated that the accused persons on the same date and place held a public procession without a permit from the IGP, and thereby committed an offence.
Count six stated that the accused persons on the same date and place disobeyed the order of Assistant Commissioner of Police Abdoulie Sanneh and Superintendent Momodou Sowe, to disperse from their unlawful assembly, and thereby committed an offence.Count seven stated that the accused persons on the same date and place conspired to incite violence, which is an offence under the laws of The Gambia.
