Saturday, February 4, 2023

Justice Mahoney to Hear Alleged Foiled Coup Case

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By Kemeseng Sanneh (Kexx)

Hassan B. Jallow, the Chief Justice of the Gambia has assigned Justice Basiru V.P Mahoney to preside over the alleged foiled coup trial involving some members of the Gambia Armed Forces.

Justice Mahoney of the Banjul High Court will hear the case on the 17th of January, 2023 at 1 pm.

Justice Mahoney is a Court of Appeal judge but the Chief Justice has authorized him to hear and determine this case (as a single high court judge).

It could be recalled that the government through the office of the spokesperson informed the citizenry in a press release that the Gambia Armed Forces (GAF) in a military operation arrested four soldiers linked to the alleged coup plot. In another update on the alleged foiled coup plot, the government announced that a total of seven soldiers were arrested and are helping them in their investigations and they have formed a panel to investigate.

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On the 6th of January 2023, the seven accused soldiers were arraigned before Magistrate Krubally of the Banjul Magistrates Court on the charges of conspiracy to commit felony and treason.

On count one, the accused persons are charged with Conspiracy to Commit Felony Contrary To Section 368 of the Criminal Code. According to the Particulars of the offence, Sanna Fadera, Gibril Darboe, Ebrima Sano, Ebrima Baldeh, Omar Colley, Baboucarr Njie, Barra Touray, and Lamin Jadama (at large) Sometime between October and December 2022, within Banjul and diverse places of the Republic of the Gambia, conspired among themselves to prepare or endeavors to overthrow a democratically elected Government of President Adama Barrow, thereby committed an offence.

On count two, the seven soldiers are charged with Offense; of treason Contrary To Section 35 (1)(A) Of the Criminal Code. It is alleged that Sanna Fadera, Gibril Darboe, Ebrima Sano, Ebrima Baldeh, Omar Colley, BaboucarrNjie (B), Mbara Touray and Lamin Jadama (at large) Sometime between October and December 2022, within Banjul and diverse places of the Republic of the Gambia, prepare or endeavors to overthrow the democratically elected Government of President Adama Barrow by unlawful means, thereby committed an offence.

The case was transferred to the high court for want of jurisdiction because a magistrate cannot try charges of treason.

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