The General Court-Martial at Fajara Barracks, presided over by Justice Omar Cham, has dismissed a motion by Lieutenant Colonel Sanna Manjang challenging the court’s jurisdiction to try him for desertion.
Subsequently the Defence counsel SK Jobe filed a fresh application seeking to strike out the charge or have it substituted with one of absence without leave (AWOL).
The court dismissed the jurisdictional challenge in its entirety, ruling that the Defence had failed to establish that Manjang’s military service had been lawfully terminated before the alleged desertion.
In his ruling, Justice Cham held that Manjang’s prolonged absence from duty, spanning approximately nine years, did not, in itself, prove that he had ceased to be a member of the Gambia Armed Forces (GAF).
The Defence had argued that Manjang left The Gambia on January 19, 2017, amid the political impasse following the 2016 presidential election, and had since ceased to be a serving soldier. It maintained that he was now a civilian and, therefore, could not be tried under military law.
However, the court rejected that position, holding that the circumstances did not establish that Manjang had lawfully left the Armed Forces. Instead, the court considered him absent while still a soldier and subject to the Gambia Armed Forces Act.
The motion, filed by Defence Counsel Sheriff K. Jobe, had sought to strike out the charge sheet, convening order and consequential proceedings on grounds of lack of jurisdiction.
In reaching his decision, Justice Cham considered six issues, including whether Manjang’s military service had been legally terminated, whether he remained subject to service law, and whether the relevant provisions of the Gambia Armed Forces Act supported the court’s jurisdiction.
The court also examined Defence objections to two documents submitted by the State, identified as SK1 and SK2, as well as questions surrounding the revised Terms and Conditions of Service that took effect on January 1, 2025.
The State, represented by Director of Public Prosecutions A.M. Yusuf, had relied on military records, including a February 7, 2017 signal declaring Manjang absent without leave, and a September 28, 2021 list of officers declared to have deserted the Armed Forces.
Following the dismissal of the jurisdictional motion, the Defence filed a new motion, accompanied by an affidavit, seeking an order striking out the desertion charge or substituting it with a charge of absence without leave.
In the fresh application, the Defence argues that the particulars of the offence do not disclose sufficient material facts to establish desertion.
It contends that there is no factual basis or material evidence showing that Manjang was on active service or under orders for active service when he allegedly left the Army, which the Defence identifies as a constituent element necessary to sustain the desertion charge.
The application asks the court to strike out the charge or substitute it with one of absence without leave, together with any further or other orders the court considers appropriate.
The State requested time to file an affidavit in opposition to the fresh application by the next adjournment date.
The court subsequently adjourned the matter until October 19, 2026, when the proceedings are expected to continue.
Manjang is facing one count of desertion contrary to section 53(1)(a) of the Gambia Armed Forces Act. The charge alleges that he absented himself from his duty post at the State Guards Battalion in Banjul on or about January 21, 2017, and remained absent for approximately nine years with the intention of deserting.
He has pleaded not guilty to the charge.
