Former Director General of the National Drug Enforcement Agency (NDEA) Benedict Jammeh and the agency’s public relations officer (PRO), Chief Superintendent Abdoulie Ceesay, were yesterday arraigned at the Banjul Magistrates’ Court, charged with a single count of economic crime.
However, the trial magistrate transferred the case to the office of the Chief Justice for re-assignment.
The particulars of offence stated that Benedict Jammeh and Abdoulie Ceesay, between 2010 and 2013 in Banjul and diverse places in The Gambia, intentionally did an act detrimental to the economy of The Gambia, and thereby committed an offence, a charge they vehemently denied.
When the case was called, Defence counsel Badou S.M. Conteh told the court that it lacked jurisdiction to try the accused persons, noting that the only competent court to try the accused persons was the high court.
“This particular section of the law had clearly indicated that anybody who is charged with the offence of such nature needed to be tried at the high court within 30 days as stated in the Criminal Procedure Code (CPC),” counsel argued.
He said the accused persons have been in custody for more than 30 days without been brought to court.
In response, the police prosecutor, Sergeant Manga, told the court that the prosecution had no objection to transferring of the case to the high court.
He added that besides transferring the case to the high court, the prosecution was applying for the accused persons to be remanded in prison custody pending the outcome of the case.
Counsel Conteh again rose and stated that if the court lacked the jurisdiction to try the accused persons, then the same court could not make any further order to remand the accused.
He added that the court was not qualified to make any further order apart from transferring the case to the high court or order that the accused persons to be returned to where they came from, until when the office of the Director of Public Prosecutions would file the charge against them.
Delivering the ruling, acting-Principal Magistrate Dawda S. Jallow told the court that after listening to the submission of both sides, he agreed with the defence counsel that since the court lacked jurisdiction to try the accused persons, the same court could not make any further order.
“Therefore, this court has no power to remand the accused persons in prison custody. The only thing my court can do is to order the case to be transferred to the high court, and return the accused persons to where they came from,” the trial magistrate stated.
In a related development, three former senior officers of the NDEA were also on Monday arraigned individually at the same magistrates’ court.
They are Foday Barry, former director of Intelligence at the NDEA, Mawlud Faal, NDEA officer commanding West Coast Region and Yusupha Jatta, a Commissioner at the NDEA.
The particulars of offence against Foday Barry stated that between 2010 and 2013 in Kanifing and diverse places in The Gambia, while being employed as Director of Intelligence at the NDEA, he stole one pistol, the property of one Mr. Muhammad Al Ammar, and thereby committed an offence.
Barry denied the charge and was granted court bail of D100, 000 with two Gambians sureties, one of whom must swear to an affidavit of means.
The bail condition further stipulated that the accused person should not be in contact with any of the prosecution witnesses, and he should be reporting to the police station every Monday and Friday.
The case was adjourned till 28 March 2013, for hearing.
The charge against Mawlud Faal stated that in 2009, at Brikama and diverse places in the West Coast Region of The Gambia, whilst under the employment of the NDEA as officer commanding West Coast Region, he received D200,000 from one Arfang Dembo Jatta (deceased) to compromise the case of his son, Ismaila Jatta, and thereby committed an offence.
The particulars of offence against Yusupha Jatta stated that, between 2010 and 2013 in Kanifing and diverse places in The Gambia, whilst employed as commissioner at the NDEA, he stole 300 liters of fuel, the property of one Dembo Jobe of Sinchu, and thereby committed an offence.
The case was adjourned till 28 March 2013, for hearing.
