This was disclosed by the state counsel, O. Danso, during Wednesday’s hearing of the case before Justice Emmanuel Nkea of the Special Criminal Court in Banjul.
When the case was mentioned, Danso informed the court that the case was before another judge, Justice M. Abdoulah.
Asked by the trial Judge whether it was not the same case, the state counsel insisted that the cases are the same but with different facts, and they wanted to combine the facts.
At that juncture, defence counsel E Jah intervened and told the court that it was the same sort of facts.
Counsel then informed the court that he wanted to make a bail application.
The judge told him that the bail condition for the accused persons was extended.
Justice Nkea added that he would have the matter adjourned to a firm date to allow the state to file a proper charge against the accused persons.
He then told the accused persons to inform their counsel to come to court on that date, and that if they failed, he would proceed with the case.
He also told the state counsel to get their house in order before the next adjournment date, and to file a proper indictment against the accused persons.
“I will strike out the case if the state failed to file proper charges against the accused persons,” he said.
The case was then adjourned to 19 August 2013.
Dr Njogu Bah and Co were earlier arraigned at the Banjul Magistrates’ Court on charges of abuse of office and two counts of conspiracy to commit a felony, which they had denied.
At the lower court,Dr. Njogu I. Bah , Lamin AMS Jobarteh and Pa Harry Jammeh were accused on count one that, some time in 2013, in the city of Banjul, acted in their capacities as former Secretary General and Head of Civil Services, Attorney General and Minister of Justice and SolicitorGeneral respectively, terminated and sent Justice Joseph Wowo, the then acting Chief Justice of the Gambia out of the country and formed a taskforce to look into the activities of the Tax Commission initiated by the President , thereby committed an offence.
The police accused, Dr Njogu I. Bah, Lamin AMS Jobarteh and Pa Harry Jammeh on count two that, some time in 2013, in the city of Banjul, conspired among themselves as former Secretary General and Head of Civil Servants, Attorney General and Minister of Justice and Solicitor General respectively, and forcefully terminated Justice Wowo and sent him out of the country which decision was prejudice to the rights of Justice Wowo, thereby committed an office.
On count three, Dr. Njogu I. Bah, Lamin AMS Jobarteh and Pa Harry Jammeh were alleged that some time in 2012, in the city of Banjul, conspired among themselves as former Secretary General and Head of Civil Servants, Attorney General and Minister of Justice and Solicitor General respectively and formed a taskforce to look into the activities of the Tax Commission initiated by the President, thereby committed an offence.