Magistrate Sallah Mbaye also ordered the transfer of the said case to the High Court in Banjul as her court lacks the jurisdiction to proceed with the case.
The 23-year old is charged with murder contrary to section 187 and punishable under section 188 of the Criminal Procedure Code Cap 10:01 volume 3 laws of The Gambia 2009.
The particulars of offence indicated that Modou Lamin Njie on the 23rd day of July 2022 at Kanifing Municipality with Malice aforethought used a stick to hit Ismaila Barry on his head leading to his death.
Police Prosecutor Supt. Jammeh who appeared for the Inspector General of Police told the Court that the offence which the accused is charged with, “if found guilty, the punishment is life imprisonment or sentence to death,” and thus applied for the accused to be remanded at Mile 2.
In her ruling, Magistrate Sallah Mbaye considered the application by the prosecution that her court lacks the jurisdiction to hear the case as the punishment for the offence is life imprisonment.
