The application stems from a judgment delivered on 30 March 2026 by Justice Ebrima Jaiteh of the High Court, which acquitted and discharged both Ousainou Bojang and Amie Bojang.
Following the verdict, the Attorney General’s Chambers filed a Notice of Appeal on 31st March 2026 and later submitted an amended Notice of Appeal on 29th April 2026.
Brought under Section 322 of the Criminal Procedure Act, 2025, the State’s Motion on Notice seeks four orders from the Court of Appeal: leave to appeal the acquittal; a declaration that the original Notice of Appeal was validly filed; leave to amend the notice; and a declaration that the amended Notice of Appeal filed on 29tg April 2026 is properly before the court.
In support of the application, Kaddijatou A. Bah, a legal clerk at the Attorney General’s Chambers and Ministry of Justice, deposed that although the State ought to have obtained leave from the Court of Appeal before filing its Notice of Appeal, the court retains the authority to regularise the process. She further argued that granting the application would not prejudice the respondents.
The motion first came before a single judge, Justice N. Salla-Wadda (PCA), on 20th May 2026. At that sitting, only Director of Public Prosecutions A.M. Yusuf appeared, while the respondents were absent.
The court noted that the DPP’s office had not provided sufficient assistance to the court’s process server to facilitate proper service on the respondents. While service had been effected on counsel for the First Respondent, the former counsel for the Second Respondent declined to accept service on her behalf.
Justice Salla-Wadda subsequently directed the DPP to work with the court’s process server to ensure personal service on both respondents and adjourned the matter to 1st June 2026 for the hearing of the motion.
When the matter resumed on Monday,1st of June, before a three-member panel comprising Justice N. Salla-Wadda (PCA), Justice B.V.P. Mahoney (JCA), and Justice A. Saho-Ceesay (JCA), the State was represented by DPP A.M. Yusuf and F. Touray.
The respondents, Ousainou and Amie Bojang, were represented by B.M.O. Badjie, holding brief for Counsel J. Darboe and L.K. Mboge, alongside J. Jeng.
During proceedings, Justice Salla-Wadda confirmed whether the respondents had been served with the State’s motion.
Counsel Badjie informed the court that the defence received the motion on 29th May 2026 and had since filed an affidavit in opposition.
He further stated that Counsel L.K. Mboge had been informed that the process was served directly on Amie Bojang, who had been instructed to provide him with a copy.
After hearing both parties, Justice Salla-Wadda observed that the respondents were served on 29th May 2026 and were therefore entitled to two clear days to respond to the application.
The court subsequently adjourned the matter to Monday 8th of June 2026.
