By Kemeseng Sanneh (Kexx)
The Bundung Magistrate Court has struck out five criminal charges against former Chief Magistrate Pa Modou Njie, bringing a controversial case to an abrupt end after months of prosecutorial delays. In a ruling delivered by Magistrate Ismaila Dibba, the court discharged Njie following a defense motion that challenged the prosecution’s failure to proceed with the case in a timely manner. The charges—dealing in prohibited drugs, abuse of office, unlawful removal of seized property, fraud and breach of trust by a public servant, and theft by a public official—were all dismissed for want of diligent prosecution. The prosecution, led by Inspector B. Jarju on behalf of the Inspector General of Police, failed to take necessary action despite five consecutive adjournments, each at its own request. Representing the former magistrate were defense counsels Lamin S. Camara and S. Sonko, who moved a motion seeking from the court an order to dismiss the matter, citing prolonged delays and procedural negligence. In his ruling, Magistrate Dibba referenced Section 24 of the 1997 Constitution, which guarantees every accused person the right to a fair trial within a reasonable time. He noted that the prosecution’s repeated reliance on the excuse that the case file had been referred to the Ministry of Justice for legal opinion did not justify the extended delay.
“From March 4 to the date of this ruling, ample time has elapsed for the Ministry to provide legal guidance,” the magistrate said.
He emphasized that the consistent lack of progress amounted to a violation of the accused’s constitutional rights and pointed to the legal principle interest rei publicae ut sit finis litium—that it is in the interest of the state for litigation to come to an end. Citing the prosecution’s inaction and the broader implications for justice, Magistrate Dibba concluded there was no evidence of genuine intent by the state to prosecute the matter. Accordingly, the court struck out all charges and discharged Pa Modou Njie.
