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 reckless and negligent, while Mbye Bittaye was arraigned on a single count of making preparation to do an act with seditious intention.
In his reply before Justice Emmanuel Nkea of the Special Criminal Court in Banjul, state counsel K. Tom submitted that the state had given evidence to prove the elements of the offences charged.
“I wish to draw the attention of the court to the exhibits tendered before the court,” he submitted, adding that there are traces of evidence linking the accused persons to the offences charged.
It was clear from the records that the accused persons have a case-to-answer and the prosecution had established a prima facie case against the accused persons, he said.
The case at that juncture was adjourned to 18 November 2013, 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 on 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 Observer company and asked him to publish a story on the Daily Observer Newspaper for one Samba Njie who is seeking asylum in the U.K., 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.
