NAM Gibba, others charged
By Ousman Darboe
Nov 16, 2004, 08:44

Email this article
 Printer friendly page
The National Assembly Member for Foni Kansala, Kawsu Lamin Gibba and eight others who allegedly sold President Jammeh’s Ramaddan gifts Friday appeared before Magistrate Mboto of the Banjul Magistrate Courts charged with theft and conspiracy.

All of the accused persons Kawsu Gibba, Chief Momodou Lamin Nyassi, Mustapha Sanyang, Bubai Sanyang, Momodou Bojang, Ndongo Mboob, Lamin Narr Faal, Alhaji Omar Saho Ceesay and Bala Manneh were present in court.
When the matter was called before the court and the charges were about to be read, Antouman Gaye the lead counsel for the accused persons said, “before the plea is taken I have an observation to make.’’ He then said the offence is said to be theft and conspiracy which was not committed here but in Foni Kansala, Western Division more than hundred kilometers from Banjul.

Lawyer Gaye argued that the Banjul Magistrate Court does not have the jurisdiction to hear the matter and would like to know why the case was not taken to Brikama Magistrate Court. Responding to the submissions of the defence counsel, the director of Public Prosecution Akomaye Agim said even if the crime is committed in Foni Kansala, Western Division, it is permissble by law for such criminal charges to be brought before the Banjul Magistrates’ Courts.

He argued that the court has several options adding that one of the options prescribed in Section 52 of the Criminal Procedure Code states that this court can if authorised to proceed with this case, proceed with it or remand in custody or grant bail until the matter is transferred to the magistrate court within the division where it arose.

“It is necessary to bring the accused to court as they have been detained for 24 hours and were brought to the court within 72 hours,’’he said,c.
He said if this court could not hear the matter, it can be transferred to the Brikama Magistrate courts and the accused persons be remanded.
Lawyer Gaye further argued that the court has no jurisdiction to hear the case and stated that it has an option to decline jurisdiction.

Magistrate Mboto in her ruling said her court had no option but to decline jurisdiction. She said since the accused are still in custody the statute remains the same. “They can go back to custody at the Police station,” she added.
The accused were all taken to the Police Headquarters in Banjul.

© Copyright 2003 by Observer Company

Top of Page


News
Latest Headlines
No hope in Middle East peace processNAM Gibba, others charged‘Imam Ratib not confined to Banjulians’‘Don’t use your heart’
Imam Leigh tells JammehIn Pirang Alkaloship crisis
Villagers petition area chiefRev Grigg hails religious tolerance in The GambiaMuslims pray for GOD’S intervention in Nawec crisIsPensioner criticises Acct Gen’s OfficeSIC pays tribute to ArafatIllegal money changing ring uncovered



---------------------------------
Do you Yahoo!?
 Meet the all-new My Yahoo! – Try it today!

¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://maelstrom.stjohns.edu/archives/gambia-l.html

To Search in the Gambia-L archives, go to: http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤