By Lamin Fatty
Justice Landing M. Sanneh of the Basse High Court has denied Lawyer Lamin K. Mboge’s application to acquit and discharge an alleged murder.
Lawyer Mboge on the 11th April 2022, while appearing conditionally for the accused person, made an application for the alleged armed robber and murderer, one Amadou Gagigo to be acquitted and discharged by the court because the State has failed to file formal charges against his client.
Mboge submitted that the attitude of the prosecution in the case is clear to everyone that they are either unwilling to proceed with this case or sleeping over the fundamental human rights of the accused person. The Lawyer submitted that section 24 of the Constitution guarantees the Accused Person’s right to fair hearing.
In his ruling, Justice Sanneh said the State lawyers in conduct of the case were not in court and they did not advance any reasons to the court for their absence. He said this is considered disrespect to the court adding he won’t condone it any more.
The Judge observed that the case emanated from the lower court and was transferred to his court. The case was first mentioned on the 21st February 2022 without any bill of indictment (formal charges) which contradict the section 175 (B) of Criminal Procedure Code.
He said the accused person is innocent until proven guilty adding it is for the State to charge the accused person or not.
“The State’s failure to produce the charges against the accused persons is not in the interest of both the accused and the alleged victim as well,” the Judge said.
However, he declined to grant the application to acquit and discharge the accused person. He ordered for the prosecution to put their house in order by filling a bill of indictment against the accused person, if they so wish. He said if they fail to do that the court will take the necessary steps.
The case was adjourned to 4th May 2022.