Counsel challenges competence of State's appeal against Ousainou Bojang, sister

The hearing, before a panel led by Justice N. Salla-Wadda, centred on Mboge’s objections to the validity of the appeal. He maintained the court could not entertain any application connected to the matter without first confirming the appeal complied with legal and procedural requirements.  

When Justice Salla-Wadda asked whether Mboge had filed an affidavit in opposition to the State’s motion, he said he had not, because his objections were based entirely on points of law and did not require affidavit evidence.  

Mboge submitted that the competence of the appeal “goes to the root of the matter.” He argued the motion could not be considered independently of the appeal’s validity, and hearing it first could render proceedings unnecessary.  

Although the court allowed oral arguments, Justice Salla-Wadda stressed that any objection to the appeal’s competence must be formally filed and served on all parties before it could be considered.  

Citing Part 3 of the Court of Appeal Rules, Mboge referred to Rule 43, which governs criminal appeals. He argued that an appellant must file a notice of appeal with the lower court’s Registrar, and where leave is required, it must be obtained through the prescribed process. Notices, he added, must follow the specific forms in the Rules’ appendix.  

He also relied on Section 322 of the Criminal Procedure Act 2025, which allows the Attorney General to appeal an acquittal on a question of law or, with leave of the High Court or Court of Appeal, appeal against an acquittal.  

Mboge contended these provisions require the court to first confirm whether the State’s appeal was commenced in line with statutory and procedural rules before any substantive application is heard. “If the appeal is not properly before the court, then hearing the motion would serve no useful purpose,” he said.  

Justice Salla-Wadda repeatedly noted that while counsel could raise legal objections, they must be reduced into writing and filed so all parties can respond and the court can properly consider them.  

The court ordered Mboge to formally file and serve his written objections on Tuesday, June 9, 2026.  

The matter was adjourned to Monday, June 15, 2026, when the Court of Appeal is expected to hear the State’s motion and consider the defence’s challenge to the appeal’s competence.