Justice Amadi Dismisses Femi Peters’ Appeal 
By Fabakary B. Ceesay 
Justice Emmanuel Amadi of the Banjul High Court on Thursday 5th August, dismissed the appeal filed by the former Campaign Manager of the Opposition United Democratic Party (UDP), Mr. Femi Peters against his conviction and sentence to a fine of D10, 000 and a mandatory jail term of one year, by the then Principal Magistrate Kayode Olajubutu of the Kanifing Magistrates’ Court.
The judge first went through the entire evidence adduced at the Kanifing Magistrates’ Court, the legal arguments raised and the addresses presented by both sides. He stated that Mr. Peters was charged under the Public Order Act which is a law passed by the National Assembly of the Republic of The Gambia. He asserted that the evidence adduced by the four (4) prosecution witnesses all stated that there was no approval for a permit for the holding of the rally and the use of the loud speakers in public. Justice Amadi stated that the counsel for Mr. Peters filed a fifteen paragraph affidavit as his grounds of appeal. He indicated that grounds 1, 2, 3, 9, 10, 11, 12 and 13 are incompetent grounds and he has therefore struck them out. He also stated that most of the authorities cited by Lawyer Darboe are not absolute. He indicated that the conviction of Mr. Peters by a lower court to a fine of D10, 000 and a one year mandatory jail term is right under the
 law. He therefore dismissed the application and maintains the conviction as passed by the Lower Court.
It could be recalled that Mr. Femi Peters was arrested on 25 October 2009, for holding a political rally without a permit issued by the Inspector General of police (IGP). He was charged under the Public Order Act on two counts namely; “Control of procession and control of use of loud speakers”. He was first arraigned before Banjul Magistrates’ Court, but the case was transferred to the Kanifing Division due to lack of jurisdiction.
The prosecution has called four (State) witnesses that testified in the trial. The four witnesses are all senior police officers namely; Deputy Commissioner Ebrima Manneh, Superintendent Sabou Ceesay, Officer Commanding Serrekunda Division, Commissioner Modou Sowe and Superintendent Ken Mendy, Commanding the Police Registry. 
Mr. Peters submitted a “no case to answer” but it was rejected by the court. He was asked to open his defece but he did not do so neither did he call any witness. His counsel decided to address the court on the totality of the evidence as their defence. After five months of trial, he was convicted by then Magistrate Kayode Olajubutu on 19 March 2010 to a mandatory jail term of one year.




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