In his deliberation, Commissioner A. Sanneh told the court that the case was still being investigated. “Your Worship, jurisdiction wise, the case should be transferred to Banjul Magistrates’ Court because most of the payments were made in Banjul where the accused has his office,” the prosecutor told the court.
The defence argued that the accused is guaranteed a fair trial by virtue of Sections 19 and 24 of the 1997 constitution, urging the court to discharge the accused, pending a new charge at the Banjul Magistrates’ Court.
It would be recalled that Defence Counsel M.L. Ceesay on 21 July 2026 told the Kanifing Magisrates’ Court that the prosecutor in the case was not ready to proceed with the case. He stated that the prosecutor would always come up with excuses to adjourn the case, adding that the prosecutor told the court they would put their house in order to proceed with the case but failed to do so during the last sitting.
“It is the right of the accused to a speedy trial. The last adjourned date, the prosecution said they have 102 witnesses and today they are saying that they have 125 witnesses to testify. They are just delaying the case. I urge the court to strike out the case,” he told the court, adding: “I would like to bring to the attention of the court that the complainants in the case are fond of attacking and insulting the accused person and the defence team in the videos they post. They should know that this is an allegation. They should be patient.”
Earlier, the prosecuting officer, Commissioner A. Sanneh, told the court that the prosecution intended to call their first witness. “Your Worship, I told the witness, one Omar Ceesay, in my office that the case would come up today at 2pm. It is unfortunate that he is not in court. I briefed him but he told me that his brother who is in France, who paid for the Mecca ticket for his mother, had told him that he was advised to institute a civil suit to recover their money. He told me that he has to consult his group of complainants as to whether they would institute a civil suit. I told him that the civil suit they intend to institute can be done while the criminal case proceeds at the same time. I would advise the complainants to be patient. We are still investigating the matter. We have about 125 witnesses and investigating this will take long. We will consult them and their counsels,” he explained.
The presiding magistrate, A. Manneh, ruled that the case was adjourned for the prosecution to proceed with the case by calling their first witness. “The accused has the right to a speedy trial. As a result, the prosecution should ensure that the case proceeds. Considering the amount of money involved, the case cannot be struck out. The prosecution will be given another chance to proceed with the case. Let them consult the complainants and their counsels,” the magistrate stated.