Justice Emmanuel Nkea of the Special Criminal Court in Banjul is today expected to rule on the no-case-to-answer submission made by the defence counsels and the reply by state, in the trial involving Daily Observer Newspaper deputy editor-in-chief Alhagie Jobe and one Mbye Bittaye.
Alhagie Jobe was arraigned on a five-count charge of making an act with seditious intention, seditious publication, and possession of seditious publication, giving false information to a public servant, and recklessness and negligence, while Mbye Bittaye was arraigned on a single count of making preparation to do an act with seditious intention.
Challenging the plea of the accused persons, the prosecution paraded several witnesses and tendered exhibits in support of their case, and at the closure of the prosecution’s case, the defence filed a no-case-to-answer submission, and the state also replied.
The case was then adjourned till today for ruling.
Count one of the charge sheet read that Alhagie Jobe, between 2012 and 2013, at the Daily Observer Company, in the Kanifing Municipality, did an act with seditious intention to wit: published in a purported Daily Observer Newspaper of 19 December 2012, a false story that “Major Lamin Touray on the run for imminent re-arrest and detention and charged in absentia for breach of office ethics and codes by refusing to take orders in the execution of some people” and thereby committed an offence.
Count two stated that Alhagie Jobe, between 2012 and 2013, at the Daily Observer Company, in the Kanifing Municipality, published a seditious publication in a purported Daily Observer Newspaper of 19 December 2012 to wit: that “Major Lamin Touray on the run for imminent re-arrest and detention and charged in absentia for breach of office ethics and codes, by refusing to take orders in the execution of some people”, and thereby committed an offence.
Count three indicated that Alhagie Jobe, between 2012 and 2013, at the Daily Observer Newspaper Company, in the Kanifing Municipality and other various places in The Gambia, without lawful excuse, had in possession a seditious publication, and thereby committed an offence.
Count four disclosed that Alhagie Jobe, in February 2013, at the NIA office Banjul, informed a panel of investigation that Assan Sallah, Madikhan Jobarteh and Mariama Danjo are involved in seditious publication, information which he knew to be false and thereby committed an offence.
Count five stated that Mbye Bittaye, some time in February 2013, at the Daily Observer Company, in the Kanifing Municipality and other places in The Gambia, made preparation to do an act with seditious intention to wit: called Assan Salleh of Daily Observer Company and asked him to publish a story in the Daily Observer Newspaper for one Samba Njie who is seeking asylum in the UK, and thereby committed an offence.
Count six indicated that Alhagie Jobe, on 8 February 2013, at Tallinding, in the Kanifing Municipality, rashly and negligently drove a vehicle bearing registration number Observer 2, and thereby committed an offence.
