Prosecutors alleged that on or about the 7th October, 2019, at Bakoteh Housing Estate in the Kanifing Municipality of the Republic of The Gambia, the accused, with malice aforethought, caused the death of one Alagie Bojang by beating him mercilessly.
Sub-Inspector Jammeh, who represented the Inspector General of Police, told the court that he was applying for the case to be transferred to the Special Criminal Division at the High Court in Banjul, as the offence charged carries life imprisonment if found guilty.
“By Legal Notice No. 13 of 2009 and Section 3, it gives exclusive jurisdiction to the Special Criminal Division. I therefore apply under Section 62 of the Criminal Procedure Code for a transfer,” he submitted.
The defence counsel, Babucarr Secka, vehemently opposed the transfer of the case. He cited some authorities to support his argument.
Magistrate Mam Samba ruled that having heard both submissions and having considered the fact that the court does not have jurisdiction to try the case, it shall not enter into any details of the case, rather it shall transfer the matter to the High Court for want of jurisdiction.
“Thus the case is transferred and the accused is to be remanded,” she told the court.
