State Counsel Mballow stated that a new indictment was filed on the same day against the first three accused, Ansumana Jarju, Ousainou Jobarteh, and Abdoulie Jallow, excluding Omar Secka, who had been part of the earlier charges at the lower court.
According to Counsel Mballow, the state has filed a separate charge against Secka before the High Court and requested the court to invoke Section 218 of the Criminal Code to order a special trial for him. He also applied for an order to continue Secka’s detention pending his appearance before the High Court.
However, Counsel E. Sanneh, representing the third accused, Ansumana Jarju, raised a constitutional argument against Secka’s continued detention.
Referring to Sections 19 and 24 of the 1997 Constitution, Sanneh questioned the legality of detaining Secka based on an indictment not yet formally before the court. He argued that the continued detention without justifiable evidence would amount to a violation of Secka’s right to liberty.
In response, Counsel Mballow maintained that Secka’s detention is lawful, citing Legal Notice No. 3 and emphasising that there is already an indictment filed in a separate court, which justifies the state’s actions under Section 19 of the Constitution.
After hearing arguments from both sides, Justice Omar Cham ruled that Omar Secka be remanded pending the formal presentation of his separate charge. The judge also ordered that Secka appear with legal representation from the National Legal Aid office during his proceedings.
The case was subsequently adjourned till 14 April 2025.
