When the case was called last Friday before Magistrate M.L. Thomasi of Banjul Magistrates’ Court, ASP Yaya S. Colley appeared as the interim lead prosecution.
ASP Colley said defence lead lawyer Lamin S. Camara's motion seeking a stay of proceedings before the Banjul Lower Court was “insubordination” of the Banjul High Court Order, adding: “The entire motion lacks merits and is an abuse of process.”
In his submission, ASP Colley argued that there was no evidence to show that the defence lead lawyer had sought leave of hearing of his client's appeal at the Gambia Court of Appeal, stating that what defence lawyer Camara filed before the Gambia Court of Appeal had no bearing on the ongoing sedition and contempt of court charge filed against Yankuba Darboe.
ASP Colley vehemently cited that Section 133 of the 1997 Constitution has empowered the Banjul High Court to give supervisory directives to other courts, noting that the Gambia Court of Appeal was the only court that has the jurisdictional authority to give an order for a stay of proceedings at Banjul Magistrates' Court for the hearing of Yankuba Darboe's appeal and not in the reverse.
However, defence lead lawyer L.S. Camara said his client's appeal at Banjul High Court was dismissed after his client was ordered by the Banjul High Court to facilitate the transmission of the records of proceedings of the Lower Court.
The defence lawyer, dissatisfied that his client's appeal was thrown out by the Banjul High Court, questioned as to when an appellant must transmit records of lower courts' proceedings.
According to defence lawyer Camara, Justice G.A. Kwabeng “failed” to state how his client's appeal lacked merits, stressing that his client deserved a fair and speedy trial.
The prosecution filed an affidavit in opposition stating that it would be unfair to them [the prosecution], and it was a miscarriage of justice to grant the prayers on the motion of the defence team.
It would be recalled that in the defense’s affidavit in support of the motion, the accused, Yankuba Darboe, was charged with sedition and one count of abusive language, and was granted bail.
According to the defence motion, the applicant, Darboe, lodged an appeal to the Gambia Court of Appeal against the ruling dismissing the appeal on 25 July 2024.
The prosecution opposed, that was not true. ‘There is no competent appeal filed before the Court of Appeal by the applicant,” they stated, adding that the lower court had no power to grant the prayers sought on the face of the motion by the accused.
The prosecution further opposed that the motion raised serious constitutional and jurisdictional issues that the magistrates’ court could not answer or grant the reliefs sought.
“The motion filed before this court is an abuse of process and should be dismissed,” pointed out in the prosecution’s affidavit in opposition.
The prosecution’s affidavit in opposition also stated that the justice of the case was to refuse the request for a stay of proceedings, and ordered that the trial against the accused proceed accordingly as contained in the order of the High Court delivered on 11 July 2024.
