The plaintiff, Babu Secka on 23rdAugust, 2010 testified against the defendant, Seedy Jallow before Magistrate Secka of the Kanifing Magistrates' Court.
The plaintiff claims the sum of more than D115, 000, being an amount received by the defendant to undertake and facilitate his travel to
In his testimony, the plaintiff Babu Secka informed the court that he is a taxi driver, and that he knows the defendant for more than three years.
He revealed that one day he went to the defendant's compound and he saw him with photocopies of passport, ID cards and Visas, as well.
According to the plaintiff, the defendant also saw him a passport belonging to someone. The plaintiff further testified that the defendant told him that if he wants to travel he would help him to do so. He stated that the defendant demanded the sum of D130, 000, but he had asked him to pay D100, 000.
At that juncture, the defense counsel Abdoulai Sissoho rose and stated that the court has no jurisdiction to hear the case. He then referred the court to Anthony Banner and others.
He submitted that "the issue of visa here is an illegal activity." He said that visas are issued in a proper channel, and that it empowered the court not to entertain unlawful contracts.
He further submitted that the issue of illegality such as bribes, drug trafficking, prostitutions cannot be enforced by the court, hence they are illegal. He finally submitted that this court has no jurisdiction to hear the case.
In response, Edrisa Sissoho, the counsel for the plaintiff adduced that he entirely agreed with the defence's submissions that the court cannot enforce an illegal contract. He told the court that the plaintiff's case is not an illegal contract.
He then referred the court to GIA that they advertised for visa, accommodations, air tickets, three square meals for D180, 000, adding that it is similar to what Seedy Jallow, the defendant promise the plaintiff, Babu Secka.
He further referred the court to Sam's online service opposite US Embassy that also advertises for filling US,
"The defence counsel is admitting illegality, if your worship finds out something illegal, I apply to recommend and direct that the defendant should be charged for obtaining money by false pretence, contrary to Section 288 of the Criminal Procedure Code," he finally submitted.
