Thanks Cous Fakoo Fakoo for sharing.
 

 Haruna.

 

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From: C. Omar Kebbeh <[log in to unmask]>
To: GAMBIA-L <[log in to unmask]>
Sent: Wed, Jun 19, 2013 7:50 am
Subject: Only a big fool will work in a sr position for babili mansa


Benedict Jammeh’s sureties appear in court again

Africa » Gambia

Wednesday, June 19, 2013 John Moses Jammeh and Ali Jammeh, the sureties for Benedict Jammeh, former executive director of the National Drug Enforcement Agency (NDEA) who absconded the country recently, yesterday appeared before Justice Abdulahi Mikailu of the High Court in Banjul.

Benedict Jammeh and three other NDEA top officials were charged with multiple counts of criminal offences. The said Benedict Jammeh, who was granted bail in the sum of D5, 000, 000 (Five Million Dalasis) with two Gambian sureties in like sum, subsequently absconded the jurisdiction last month.

The presiding judge then ordered that the sureties pay the sum of D5, 000, 000 within 24 hours in default forfeit their title deed deposited with the Principal Registrar of the High Court. Following the court order, the sureties, John Moses Jammeh and Ali Jammeh filed a suit staying the execution of the High Court court order.

During yesterday’s sitting, in moving the motion in support of the stay of execution before Justice Mikailu, the applicants’ counsel, Lawyer Edrissa M. Sissoho informed the court that the applicants filed a motion, supported by affidavits sworn to by John Moses Jammeh.

Lawyer Sissoho argued that some paragraphs in the affidavit in opposition filed by the State offends certain Sections of the law. He further argued that the grounds of appeal are substantial and urged the court to strike out paragraphs 3, 4, 5, 6 and 7 of the affidavit in opposition filed by the State and thereby grant the stay of execution.

In his response, DPP, S.H Barkun told the court that the State filed an affidavit in opposition to the stay of execution and relies on all the paragraphs, particularly paragraphs 4, 5, 6 and 7. DPP Barkun submitted that an application of this nature, the law has to be followed, noting that the court has the discretion to grant or refuse the application.

Barkun pointed out that it is trite that the burden is always placed on the disadvantaged party. He argued that there is nothing substantial about the grounds of appeal, adding that instant case is a case against The Gambia Government. He submitted that there is nothing special or exceptional in granting the application. The DPP again pointed out that paragraph 12 of the applicant affidavit is contradictory to paragraph 11 and does not constitute anything, but is at variance with each other. He Barkun finally urged the court to refuse the application.

Meanwhile ruling is adjourned. Author: Sidiq Asemota

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