In his originating summons pursuant to Section 107 of the Criminal Procedure Code, Deputy Commissioner Jarju prayed for an order for the sureties to forfeit the sum of D100,000 each to the state as a penalty for a recognizance by which they bound themselves that Mbemba Drammeh shall report on bail at Kanifing Police Station on every appointed date or whenever needed by the police, and any further orders as the court may deem fit to make in the circumstances.
In an affidavit in support of the originating summons, ASP Amat Touray of Kanifing Prosecutions Unit, made an oath and stated as follows: That he deposed to the affidavit with the knowledge and consent of the applicant; that he has personal knowledge of the facts of the case which derived from his office by virtue of his employment; that on the 15th of January, 2025, a case file of seditious intention was received together with the accused person from Kairaba Police Station for prosecution; that after a perusal of the file in totality, he deemed it fitting to put the accused person before the court; that as part of the constitutional rights of the accused person, bail was opened for him to provide two Gambian sureties with national ID card or passport; that his sureties appeared and showed their willingness to bail the accused as sureties by recognizance that the accused shall report at Kanifing Police Station on any given date and until such conditions were either revoked or discharged by sureties.
That in furtherance of the bail condition, the sureties signed the bail bond and deposited their ID cards; that the accused was informed that he would be taken to court any time soon and that he should report at Kanifing Police Station at 8 am on any given date; that the accused failed to show up on the appointed day with all his contacts off at the time; that the sureties bound themselves to forfeit the sum of D100,000 each to the state should the conditions be failed.
That the sureties were contacted to produce the accused after failing to report to the Kanifing Police Station on the appointed day; that the sureties were given time to produce the accused but to no avail; that they believed the justice of the case was to bring the sureties to court to show cause why they should not forfeit the bail sum of D100,000 each to the state, being the bail sum they signed at the police for the release of the accused who is now at large; that the ID cards of the sureties and the bail bond signed by them were attached.
At this juncture, the presiding magistrate asked the sureties whether they had any objections to the motion filed and moved by Deputy Commissioner Jarju. They answered in the negative.
