By Kemeseng Sanneh (Kexx)
Yankuba Darboe filed a motion asking the Banjul Magistrate’s Court to stay his case while he pursues his appeal at the Gambia Court of Appeal.
Yankuba Darboe is standing trial for sedition for alleged comments he made at the Police Headquarters in Banjul during his detention regarding the 3-Years Jotna protest. The prosecution have called all their witnesses and tendered all documents they wish to bring to the court, including the transcription of the video statement. It is the turn of Yankuba Darboe to open his defence. He was called upon to open his defence by the Magistrate, but he said he does not have a case to answer. He filed a ‘no case to answer’ submission but the court dismissed it. The court called on him to open his defence. He appealed the decision of the Magistrate at the Banjul High Court. The High Court dismissed his appeal and ordered the Magistrate to continue with the case.
Yankuba Darboe was before the Magistrate for the case to continue. Senior Lawyer Lamin S. Camara moved a motion on behalf of Yankuba Darboe that the case should be stayed until their appeal before the Gambia Court of Appeal. It was opposed by the prosecution as they described it as an abuse of court process.
Senior Lawyer Lamin S. Camara said Yankuba Darboe’s appeal at the Banjul High Court was dismissed. Yankuba Darboe appealed against the ruling of the magistrate that he has a case to answer as he was called upon to open his defence. Yanks, as many fondly called him, filed a no case to answer submission which was refused by the magistrate. Yanks went to the high court for the ruling against him to be overturned. The High Court dismissed his appeal and upheld the decision of the Magistrate. Yanks is dissatisfied and has filed an appeal before the Court of Appeal.
Lawyer Camara said Justice G.A. Kwabeng failed to state how his client’s appeal lacks merits. He stressed that his client deserves a fair and speedy trial.
The case was supposed to continue, but Yanks want it to be stayed until the appeal before the Court of Appeal is decided. He filed a motion and the affidavit (sworn statement) in support of the motion was made by one Isatou Ceesay, a pupil barrister at the Dandimayo Chambers.
Isatou Ceesay stated that the first draft of the records of proceeding for the trial before the Magistrate were typed but required vetting, which was not done. She said, as a result, the High Court dismissed the Notice of Appeal on 11 July 2024. Yankuba thereafter lodged an appeal to the Gambia Court of Appeal against the ruling dismissing the Appeal on 25 July 2024.
Isatou Ceesay, in her sworn statement, stated that the prosecution has taken steps to hear the charge against Yankuba Darboe. She added that unless restrained, the prosecution will render Yankuba Darboe in a situation of total helplessness.
She stated that she has been informed by Senior Counsel L.S. Camara and she verily believes the same to be true that the appeal at the Gambia Court of Appeal will be rendered nugatory if the prosecution is not restrained pending the hearing and determination of the appeal. She maintained that unless this court intervenes the appeal filed before the Court of Appeal shall be rendered nugatory, if the prosecution is not restrained.
She said in the interest of justice the status quo should be maintained pending the hearing and determination of the appeal.
For the prosecution, they filed an affidavit in-opposition (sworn statement) against the motion filed by Yankuba Darboe’s lawyer to stay the case while the appeal was before the Gambia Court of Appeal.
Deputy Commissioner Prosecutions Malang Jarju of the Gambia Police Force was the one who made the sworn statement. he said she has personal knowledge of the facts of this case which derive from the records in the case file in his office by virtue of his employment as a police officer.
Jarju said he was shown a motion dated the 12 August 2024 by Commissioner Abdoulie Sanneh with an affidavit in support deposed to by Isatou Ceesay, a pupil barrister at Dandimayo Law Chambers.
“The said motion is illegal, incompetent and lacks merits and should be dismissed accordingly,” Jarju said.
The police officer stated that paragraph 14 of the affidavit filed on behalf of Yankuba Darboe is not true.
“There is no competent Appeal filed before the Court of Appeal by the Accused/Applicant [Yankuba Darboe],” Jarju said.
He stated that this Magistrate has no power to grant what Yankuba Darboe is asking for.
“The motion raised serious constitutional and jurisdictional issues which this Honorable Court cannot answer and or grant the reliefs sought,” Jarju said.
He said it would be unfair to the prosecution and a miscarriage of justice to grant what Yankuba Darboe asked from the court.
“The motion filed before this Court is an abuse of process and should be dismissed,” Jarju said.
He stated that the justice of this case is to refuse the request for a stay of proceedings and order for the trial against Yankuba Darboe to proceed accordingly as contained in the order of the High Court delivered on 11 July 2024.
After Lawyer Camara moved the motion, ASP Yaya S. Colley for Inspector General of Police described the motion filed by defense lawyer as an insubordination of the Banjul High Court. He submitted that it lacked merit as it is an abuse of process.
ASP Colley argued that there was no evidence to show that the defence lawyer had sought leave from the court for the hearing of his client’s appeal at the Gambia Court of Appeal. He stated that what the defence lawyer Camara filed before the Gambia Court of Appeal has no bearing in the case before the Magistrate’s Court.
ASP Colley made reference to Section 133 of the Constitution saying it empowered the Banjul High Court to give supervisory directives to lower courts. He added that the Gambia Court of Appeal has jurisdictional power to give an order for a stay of proceedings at Banjul Magistrates’ Court for the hearing of Yankuba Darboe’s appeal and not the reverse.
The case will be coming on 8 October 2025 for ruling on Yankuba Darboe’s motion. The court will decide whether to stay the case or not.
It would interest the readers to know what is before the Court of Appeal. Yankuba Darboe stated in his appeal that the High Court failed to avert its mind that he does not have custody of the Court’s file. He asked the court of appeal to quash the ruling of the High Court delivered on 11 July 2024 by Hon Justice G.A KWABENG in its entirety.
On the grounds of appeal, Yankuba Darboe said the Court erred in law when it dismissed the petition of appeal filed on 28 August 2023. On the particulars of the error, he stated that the Court failed to avert its mind to the fact that the Records were typed but required to be vetted by him. He added that the court failed to avert its mind to his right to appeal.
On ground 2, it is the case of Yankuba Darboe that the ruling is against the weight of the evidence adduced before the court. On ground 3, the Court erred in law when it held that he has the responsibility to provide the Records.
