By Mariama Marong
The High Court in Banjul has reserved its decision on the bail application of Abdoulie Sanyang, who is charged with arson and judicial interference, after hearing arguments from both the defence and prosecution.
On 1st October 2025, the accused filed a motion seeking bail on medical grounds, claiming deteriorating health while in detention. The motion was moved on Thursday, 9th October 2025, by his lawyer, Senior Counsel Lamin L. Darboe, who urged the court to grant bail based on medical reasons.
Justice Ebrima Jaiteh, presiding over the case, directed the defence to obtain a medical certificate from a duly qualified medical practitioner employed in a government hospital.
According to Counsel Darboe, the accused was certified by Chief Superintendent Yusupha Jabang of the Prison Department. He submitted that Sanyang’s health condition was confirmed and certified by a qualified medical practitioner employed in a public hospital.
The accused is charged with arson contrary to Section 305(8) of the Criminal Code, which carries a potential life sentence, as well as judicial interference.
However, State Counsel Saikou L. Jobarteh opposed the bail application, arguing that Chief Superintendent Jabang cannot be regarded as a qualified medical doctor. “There is no evidence to prove that he is a certified medical doctor,” Jobarteh said. He told the court that he could prove Mr. Jabang holds no certificate as a doctor.
Counsel Jobarteh further submitted that the maker of the medical document — marked as Exhibit AS3 — should be summoned to court to establish his qualifications.
In response, Defence Counsel Darboe maintained that the medical document was issued by the Edward Francis Small Teaching Hospital.
Justice Jaiteh, after hearing both sides, noted that Counsel Darboe moved the originating summons under Sections 19(5) and 24(3)(a) of the 1997 Constitution, and Sections 125(1)(2)(a) of the Criminal Procedure Act, 2025, seeking the reliefs outlined in the motion.
The application was supported by a 14-paragraph affidavit sworn to by the applicant, with Counsel Darboe relying particularly on paragraphs 8, 9, and 10. He reminded the court that under Section 125 of the Criminal Procedure Act, an accused charged with a serious offence may only be granted bail under exceptional circumstances — including serious ill health, duly certified by a qualified medical practitioner employed in a government hospital.
In support of the application, Counsel Darboe referred the court to Exhibit AS3, a medical report issued by Chief Superintendent of Prisons Yusupha Jabang, whom he described as a qualified medical practitioner.
However, the prosecution objected to this claim, arguing that the assertion was not contained in the affidavit and therefore not properly before the court.
In response, Counsel Darboe requested an adjournment to obtain a medical certificate from a duly qualified government medical practitioner to comply with Section 125 requirements.
The accused, Abdoulie Sanyang, was arrested on 17th August 2025 and initially detained at the Police Headquarters before being transferred to Mile 2 Central Prison.
After hearing submissions, Justice Jaiteh granted the defence request to secure a new medical certificate and adjourned the matter to Tuesday, 14th October 2025, at 1:30 p.m. for continuation.
