Court Of Appeal Denies Darboe & Co. Bail

imagesThe Gambia Court of Appeal presided over by a panel of three judges, namely Justices A. Adegoke, Edrissa Fafa M’bai and Awa Bah, yesterday unanimously refused the bail appeal of Lawyer Ousainou Darboe, party leader of the United Democratic Party (UDP), and 19 others.

The other appellants are Kemeseng Jammeh, Femi Peters, Lamin Dibba, Lamin Jatta, Yaya Bah, Babucarr Camara, Fakebba Colley, Ismaila

Ceesay, Momodou Fatty, Dodou Ceesay, Samba Kinteh, Mamudou Manneh, Nfamara Kuyateh, Fanta Darboe, Lamin Njie, Jukuna Suso, Momodou L.K. Sanneh, Yaya Jammeh and Masanneh Lalo Jawla.

Delivering the lead judgment, Justice Adegoke said the applicants are standing trial at the Banjul High Court on seven counts of unlawful assembly, riot, incitement of violence, interfering with a vehicle, holding a possession without a permit, disobeying an order to disperse and conspiracy to commit felony.

She added that the appellants applied for an oral bail application, which was refused, and they were ordered to file a bail application, which was equally refused.

She added that the grounds of appeal of the appellants were that the trial judge held that a prima facie case had been established against the accused persons when no evidence was given yet; that they were not given the opportunity to be heard; that the trial judge erred by saying the accused persons abused their liberty; that the trial judge convicted them before the commencement of the trial; that the trial judge failed to consider that all the charges against them were misdemeanours, and that the trial judge failed to use the Gambian law instead applied the Nigerian law.

She said the applicants contended that a prima facie case was made after the end of the prosecution’s case.

She added that the prosecution argued that the trial judge should consider all the evidence against the accused persons, even though it is yet to be tested by the court.

She noted that the applicants further argued that the trial judge’s decision was “erroneous”.

Justice Adegoke said it was the view of the court that in granting bail the trial judge should and was expected to closely look at the strength and character of the evidence before it.

The appellants argued that the trial judge was “bias and prejudicial” towards them when he said, ‘’I found that the offences were allegedly committed by the applicants.”

“Bias is a serious allegation against a judicial officer, and whosoever alleges it must substantiate it with facts,’’ she said.

She said the prosecution said if the appellants are granted bail they would jump bail, would commit similar offences and that the charges the applicants are charged with threaten the security of The Gambia and that more charges might be preferred against them.

She added that she did not see in the records where the applicants filed an affidavit of reply debunking these facts by the prosecution.

She added that she was in agreement with the learned trial judge that where facts are not controverted they are true.

“Based on the foregoing, this appeal therefore failed in its totality and it is accordingly refused,’’ ruled Justice Adegoke.

Justice Awa Bah and Justice Edrissa Fafa M’bai associated themselves with the lead judgment delivered by Justice Adegoke.

Author: Halimatou Ceesay

Courtesy of



  1. This is disgraceful. Again Gambian judges behaving unprofessional and unconcerned all for their selfish needs – no morals, no conscience and no sense of justice and the protection of the citizens right to protest peacefully etc.

    When there is a will, there is a way. Allah be with the illegally detained.

    In the end, good will triumph overy evil.

    Allah ka limanaya sabatingdii.

  2. Deyda Haidara

    I am so mad at the Gambia’s legal system that only one word suffices to describe it: A slave depot.
    All this masquerade will be history come December 2016. Inshallah.

  3. Inconsiderate and unreasonable judgement, not justified in my view, even if it has the semblance of legitimacy…been delivered by a panel of judges, including TWO Gambians.

    Another sad day for justice delivery, but not surprising… and I hope the myth of “mercenary Nigerian Judges”, will be put to rest now…This panelof 3 judges has TWO Gambians..We, the Gambians, are the problem; not Nigerians or anyone else..

  4. These Judges are manipulated by the dictator to get his desire outcome but they are not following the law. Gambians have to come out in droves and kick dictator Yaya Jsmmeh from power. All these games he is playing has to end. He is detaining the UDP executives and supporters from campaigning against him because UDP can defeat him easily with even the stealing he is planning to do.

  5. I’ll bet Adegoke belongs to one of their numerous voodoo sects whose belief is to choose wrong of right, in other words; choosing the devil as one’s source of inspiration and hope in acquiring vanity of life.

    Who knows him and his colleagues got a good reason of their own to brush the ICC out of their mind…….This is the most important moment in their life’s carrier to win them the nobility ascribed to their kind of profession, dead or alive!

  6. rect; ‘ I’ll bet……………..wrong over right,