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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