By Rohey Jadama
The Gambia Court of Appeal yesterday 23 June, 2016 adjourned the
bail appeal of Lawyer Ousainou Darboe, Party Leader of United
Democratic Party (UDP) and 19 other supporters of his party to 14 July
for ruling.The other appellants namely, Kemeseng Jammeh, Femi Peters, Lamin Dibba,
Lamin Jatta, Yahya Bah, Baboucarr Camara, Fakebba Colley, Ismaila
Ceesay, Samba Kinteh, Dodou Ceesay, Samba Kinteh,
Mamudou Manneh, Nfamara Kuyateh, Fanta Darboe, Lamin Njie, Juguna
Suso, Momodou L.K Sanneh, Yaya Jammeh and Masaneh Lalo Jawla are
appealing against the refusal of Justice O. Ottaba of the Special
Criminal Division of the Banjul High Court to grant them bail. Yesterday’s proceeding was meant for the adoption of briefs. In short, rather than the counsels arguing in court as to whether or not the accused should be granted bail, they prepared written arguments which they submitted to the panel of judges.
When the case was called before a panel of 3 judges namely Justice
A. O Adogoke President and Justices Edrissa Fafa M’bai and Awa Bah
Lawyer Antouman Gaye and a team of lawyers announced their
representation of the appellants, while Hadi Saleh Barkun, the
Director of Public Prosecutions (DPP) and a team of state counsels
appeared for the state.
At this juncture Justice Adogoke told the defence counsels that there
was no reply on points of law. Responding to the judge, Lawyer Gaye
said they consider it unnecessary to reply on points of law.
“I wish to respectfully adopt the appellants’ briefs filed on the 6
June, 2016. It is a consolidated appeal even though the title is not
showing that. We therefore urge this court to allow the appeal and
admit the appellants to bail on such terms and conditions this court
deemed fit”, said Barrister Gaye.
While adopting the respondent briefs of argument dated 15 June, 2016
and filed on the same date, the DPP urged the court to dismiss the
appeal.
At this stage the panel unanimously adopted appellants’ and the
respondents’ briefs and subsequently adjourned the proceedings till Thursday 14 July, 2016 for ruling. It is on this day that the panel will decide whether the accused should be granted bail or not.
