By Alieu Jallow
The defense counsel for Yankuba Darboe, the Chairman of the Brikama Area Council, has filed a motion supported by a 20-paragraph affidavit dated 14th August 2024.
The Brikama Area Council Chairman is currently facing charges of sedition under Section 52(1)(b) of the Criminal Code, Volume 3, Laws of The Gambia 2009, and contempt of court under Sections 106(d) and (i) of the Criminal Code, Volume 3, Laws of The Gambia.
The prosecution alleges that on February 10, 2021, Yankuba Darboe made derogatory statements against the President of The Gambia, Adama Barrow, and the Gambian Judiciary.
On Thursday, 12th September 2024, his defense counsel, Kaddijatou Jallow, submitted their motion to Magistrate M.L. Thomasi of the Banjul Magistrate Court. The motion seeks the following orders:
- An order staying the hearing and determination of the charges against the accused person/applicant pending the hearing and determination of the appeal at the Gambia Court of Appeal.
- Any further or other order this court deems fit to make.
In their affidavit in support of the motion, Isatou Ceesay, a Gambian resident of Bakoteh who swore as the deponent, states that she is familiar with the facts of the matter by virtue of her position as a pupil barrister at Dandimayo Chambers.
- That she has the authority of the accused person/applicant to depose the affidavit.
- That, unless otherwise stated, the averments herein are derived from the accused person/applicant during consultations in Chambers.
- That the accused person/applicant was charged with sedition and one count of abusive language. They argued that the court granted bail on the charges after the prosecution’s case was closed, and they filed a no-case-to-answer submission.
On August 17th, 2023, the court delivered its ruling on the no-case-to-answer submission, with the accused person/applicant expressing dissatisfaction with the ruling. This prompted the defense to file an appeal to the High Court of The Gambia on 28th August 2023.
Similarly, the accused person made an application for the records of proceedings to be transmitted to the High Court in order for the appeal to be heard. This order was granted by the High Court, and the Applicant was requested to facilitate the typing and transmission of the proceedings.
Furthermore, the first draft of the records of proceedings was typed but required vetting, which was not done, resulting in the High Court dismissing the case on July 11th, 2024. This verdict prompted the applicant to lodge an appeal with the Gambia Court of Appeal against the ruling dismissing the appeal on July 25th, 2024, a copy of which was attached and marked as IC1.
The defense further argued in their motion that the respondent has taken steps to hear the charges against the accused person and that unless restrained, the accused person/applicant will be rendered in a situation of total helplessness. The motion further states that unless the court intervenes, the appellant’s appeal shall be rendered nugatory, and thus, in the interest of justice, the status quo ante bellum should be maintained pending the hearing and determination of their appeal.
The case has been adjourned to the 20th of September 2024 at 10 a.m. for hearing.
