She made this remark when she delivered a judgement against four Nigerian nationals, namely Emeka Anthony, Dominic Osinachi, Paul Ozima Iwu and Ifeanyi Elvis Nwadike, who were charged on three counts on conspiracy to commit a felony contrary to Section 368, attempt to commit a felony contrary to Section 365 and stealing from a motor vehicle contrary to Section 256 (c) all of the Criminal Procedure Code.
She stated that after the prosecution called their fifth witness, the convicts decided to change their plea from not guilty to guilty and admitted the facts as presented by the prosecution witnesses and exhibits attached, thereby warranting their sentence.
“The court has duly considered the plea in mitigation advanced on behalf of the convicts. It is noted that they are first-time offenders and in the youthful stages of their lives, with the potential for rehabilitation and future contribution to society,” she posited.
She further adduced that the court was satisfied that they had demonstrated remorse by changing their plea to guilty before the close of the prosecution’s case. She added that these were genuine mitigating factors which the court had taken into account in arriving at an appropriate sentence.
She said further that the gravity of the offences committed could not be overstated, adding that the crimes of conspiracy and stealing, particularly the targeted and organized manner in which they were carried out by following unsuspecting victims from banks, forcibly breaking into vehicles, and stealing their hard-earned money have become alarmingly common in the society.
“These actions instill fear in law-abiding citizens and pose a serious threat to public safety and confidence in the rule of law,” she stated. “It is the duty of the court, as guardian of justice, to uphold public order and send a strong message that such criminal conduct will not be tolerated.”
She declared: “The criminal justice system must not only punish wrongdoing but also deter others who may be inclined to engage in similar acts.”
The presiding magistrate also stated that while the offences for which the convicts had been charged and convicted carry maximum penalties of 7 years in prison for conspiracy to commit a felony, 3 years for attempt to commit a felony and 7 years for stealing from a motor vehicle respectively, the court was inclined to temper justice with mercy, taking into account the aforementioned mitigating factors.
“Nonetheless, it must be unequivocally stated that those engaged in such egregious conduct will not go unpunished,” the Principal Magistrate told the court, adding: “Accordingly, I hereby sentence each of the convicts to three-year imprisonment for the offence of conspiracy to commit a felony, one year for the offence of attempt to commit a felony and three years for the offence of stealing from a motor vehicle. All three sentences shall run concurrently dating from the date of remand (1st February 2024).”
She further posited that in addition, each convict was ordered to pay restitution to the victim in the amount of D50,000 as compensation for the loss and suffering caused to him or in default, to serve additional 2 years in prison, which shall run consecutively.
“Upon completion of their custodial sentences, the convicts shall be deported from The Gambia to Nigeria and shall not be permitted to re-enter The Gambia for a period of 10 years from the date of their deportation,” she declared.
Inspector Cherno Baba Jallow represented the IGP.
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