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Information reaching The Digest has it that the Operation 3 Years Jotna top brass, who were remanded at the country’s State Central Prison Mile II, will get a bail hearing on Tuesday, 4th February 2020, at 9:00am at the High Court in Banjul. This information is confirmed by the Team of Defence Counsel for the remanded protesters.
The eight executive members of the Operation 3 Years Jotna (3YJ) were on Wednesday afternoon denied bail and remanded by Magistrate P. Sarr of the Kanifing Magistrate’s Court, following their first appearance in court since their arrest on Sunday, 26th January 2020.
Initially, 137 protesters were arrested but only eight (senior executive members) were charged and dragged to court in the meantime. Police prosecutors had filed three-count charges against the accused persons.
On Count One, the accused persons are charged with unlawful Assembly, contrary to Section 70 of the Criminal Code, Cap 10:01 Vol. III, Laws of The Gambia 2009.
According to the particulars of offence, the accused persons; Abdou Njie, Ebrima Kitim Jarjue, Sheriffo Sonko, Hagi Suwaneh, Fanta Mballow, Karim Touray, Yankuba Darboe and Muctarr Ceesay, on or about the 26th January 2020, at Sting Corner and diverse places around Old Jeshwang in the Kanifing Municipality of the Gambia, jointly and unlawfully took part in an unlawful assembly, thereby committed an offence.
On Count Two, the accused persons are charged with rioting after proclamation, contrary to Section 74 of the Criminal Code, Cap 10:01 Vol. III, Laws of The Gambia 2009.
According to the particulars of offence, the accused persons; Abdou Njie, Ebrima Kitim Jarjue, Sheriffo Sonko, Hagi Suwaneh, Fanta Mballow, Karim Touray, Yankuba Darboe and Muctarr Ceesay, on or about the 26th January 2020, at Sting Corner and diverse places around Old Jeshwang in the Kanifing Municipality of the Gambia, after the expiration of the proclamation made by the Deputy Superintendent of Police Alagie Jallow in the name of the President of the Republic to disperse peacefully, the accused persons disregard such a proclamation and continued to be so assembled riotously; thereby committed an offence.
On Count Three, the accused persons are charged with rioters demolishing structures, contrary to Section 76 of the Criminal Code, Cap 10:01 Vol. III, Laws of The Gambia 2009.
According to the particulars of offence, the accused persons; Abdou Njie, Ebrima Kitim Jarjue, Sheriffo Sonko, Hagi Suwaneh, Fanta Mballow, Karim Touray, Yankuba Darboe and Muctarr Ceesay, on or about the 26th January 2020, at Sting Corner and diverse places around Old Jeshwang in the Kanifing Municipality of the Gambia, being riotously assembled together, unlawfully destroyed the Gambia Technical Training Institute (GTTI) Students Waiting shed by setting it on fire, thereby committed an offence.
In her ruling at the lower court on Wednesday, Magistrate P. Sarr said the Legal Notice is a law and it has ousted the jurisdiction of the court to try the case. She said the Legal Notice is a subsidiary legislation and therefore Section 7 of the Constitution provides that subsidiary legislation forms part of the laws of the Gambia. She said she lacks the jurisdiction to entertain the matter.
She transferred the matter to the High Court in reliant on Section 61 of the Criminal Code. She also relied on Section 208A to remand the accused persons to Mile II pending the Special Criminal Court hearing.
Written by The Digest