Defence Counsel Darboe further stated that the medical document was issued by the Edward Francis Small Teaching Hospital.
In response, State Counsel Saikou L. Jobarteh objected to the submission raised by Senior Counsel Darboe on the grounds that the medical report cited was certified by a ‘Medical Doctor’. He contended that nowhere in the report was it indicated that Chief Superintendent of Prisons Yusupha Jabang is a medical doctor.
He stated that the document only indicated that Mr Jabang is in charge of the prison medical unit. He urged the court to summon Yusupha Jabang in order to clarify his qualifications and determine whether he is indeed a medical doctor.
In his ruling, Justice Ebrima Jaiteh, the presiding judge, noted that Counsel L. J. Darboe had moved the originating summons under Section 19(5) and 24(3)(a) of the 1997 Constitution, and Section 125(1)(2)(a) of the Criminal Procedure Act, 2025, seeking the reliefs as prayed for in the motion.
The application is supported by a 14-paragraph affidavit sworn to by the applicant, with Counsel particularly relying on paragraphs 8, 9 and 10 of the said affidavit in support.
Justice Jaiteh stated that Counsel Darboe submitted that the applicant is currently charged with the offence of arson, contrary to Section 305(a) of the Criminal Code, which carries a maximum sentence of life in prison, and Section 99(d)(i) of the Criminal Offences (Amendment) Act, 2025, which prescribes a term of three months' imprisonment.
Counsel also drew the court’s attention to the provisions of Section 125 of the Criminal Procedure Act, 2025, which stipulate that an accused person charged with a capital or serious offence may only be admitted to bail under exceptional circumstances.
“Counsel submitted that such exceptional circumstances include serious ill health of the applicant, duly certified by a qualified medical practitioner employed in a government hospital.
“In support of the application, Counsel referred the court to Exhibit AS3, a medical report issued by one Yusupha Jabang, who, Counsel submitted, is a qualified medical practitioner and also the Chief Superintendent of Prisons.
“The Prosecution Counsel, however, objected to the characterisation of Mr Jabang as a medical officer on the grounds that such an averment was not made in the supporting affidavit and therefore not properly before the court.
“In response to this objection, Counsel L. J. Darboe sought an adjournment to enable him to obtain a medical certificate from a duly qualified medical practitioner employed in a government hospital, in compliance with the requirements of Section 125 of the Criminal Procedure Act, 2025.”
The matter has been adjourned till Tuesday 14 October 2025 at 1:30pm.
