The decision brought an end to the trial, which had been before the High Court since 2018.
Hon. Justice Ebrima Jaiteh, the presiding judge, accepted the application and ordered the discontinuance of the proceedings, subsequently discharging Deen from the rape charge.
The development followed an application by State Counsel M. Sarr, who informed the court that the DPP had filed a nolle prosequi dated 21 July 2026.
“In exercise of the powers vested upon me under Section 74 of the Criminal Procedure Act of 2025, I hereby inform this Honourable Court that the State intends that the proceedings against the accused person shall not continue,” the DPP stated in the application.
Counsel K. Sanyang, representing Deen, raised no objection to the application.
Justice Jaiteh recalled that Deen was arraigned before the High Court on 9 April 2018 on an information filed by State Counsel E.R. Dougan.
He was charged with rape contrary to Section 3 and punishable under Section 4 of the Sexual Offences Act, 2013.
According to the prosecution, the alleged offence occurred in August 2017 in Tallinding, Kanifing Municipality, where Deen was accused of unlawfully having carnal knowledge of a young girl without her consent.
Deen denied the allegation and pleaded not guilty to the charge.
During the trial, the prosecution called two witnesses before closing its case. Deen later testified in his own defence and called two additional witnesses.
The matter was subsequently adjourned for judgment. However, before judgment could be delivered, the State filed the nolle prosequi, bringing the eight-year proceedings to an end.
In his ruling, Justice Jaiteh explained that Section 74 of the Criminal Procedure Act, 2025 empowers the DPP to discontinue criminal proceedings at any stage before judgment.
He said that once a valid nolle prosequi has been entered by the authorised officer, the law leaves the court with no discretion to continue the proceedings.
The judge added that the court’s role was limited to determining whether the notice had been properly filed by the appropriate authority.
Justice Jaiteh further clarified that a nolle prosequi does not amount to an acquittal based on the merits of the case.
Rather, it is a formal decision by the prosecution to discontinue criminal proceedings, resulting in the accused being discharged from the charge.
The court subsequently accepted the nolle prosequi, ordered the discontinuance of the proceedings against Nabieu Lukay Deen and discharged him in respect of the rape charge.
The case, which began with allegations dating back to August 2017 and proceeded through the courts for eight years, has therefore ended without judgment being delivered on the substance of the rape allegation.
