By Lamin Fatty
A high-stakes murder trial in the Upper River Region was adjourned on Tuesday after the presiding judge expressed concern over the court’s jurisdiction, stemming from unresolved questions about the age of the accused at the time of the alleged crime.
Justice Landing M. Sanneh of the Basse High Court declined to deliver judgment in the case of Abubacarr Bahaga, who is charged with the fatal stabbing of Saikouba Drammeh at a discotheque in Dampha Kunda on October 21, 2023. Bahaga, a native of Tinkinjo village in Tumana District, has pleaded not guilty.
The matter, which had proceeded through full trial and was listed for judgment on May 13, was halted when Justice Sanneh raised a legal issue over the defendant’s exact age—an issue that could affect the court’s jurisdiction to rule on the case.
“The report from the medical examination only states that the accused is ‘greater than 18 years,’ but does not specify his precise age at the time of the incident,” Justice Sanneh told the courtroom. “Without this clarity, the court cannot conclusively determine that the accused was 18 years or older when the crime allegedly occurred.”
The judge cited a precedent set by The Gambia Court of Appeal in case DCA/109/2015, which underscored the importance of jurisdictional accuracy in criminal trials involving age-sensitive charges.
Justice Sanneh ordered Professor Ovid Kelvin, the medical expert from the Edward Francis Small Teaching Hospital in Banjul who conducted the examination, to appear in court on the next adjourned date to clarify Bahaga’s age as of October 21, 2023. “This court requires Professor Kelvin to specify how many years over 18 the accused is, or whether he was in fact 18 at the time of the incident,” he said.
The judge emphasized that the court must not act outside its jurisdiction, noting that any ruling under such uncertainty could risk miscarriage of justice.
The court also rejected a birth certificate tendered by the defense, which purported to show that Bahaga was 17 at the time of the incident. Justice Sanneh said the document was found to be fraudulent and not issued by a recognized authority.
“In the interest of justice, and to ensure this court does not proceed on a flawed jurisdictional basis, this matter is adjourned to May 26, 2025,” the judge concluded. “An order will be served to Professor Kelvin through the Director of Medical Services.”
