Enjoy...... Culled from Maafanta.com

Femi Peters Has No Case to Answer, Says Lawyer Darboe
by Matty Jammeh

Lawyer Ousainou Darboe has argued that state did not have any case against his client Femi Peters, opposition UDP 
campaign manager, who is facing two criminal charges for organizing a political rally without the approval of the police.
Appearing before Kayode Olajabutu of the Kanifing Magistrates’ Court today, 19th February, 2010, lawyer Darboe who 
is also UDP leader argued none of the evidence of the four state witnesses warrants his client to enter his defense 
because the essential elements are missing.  

“The prosecution must prove the commission of the offence,” he told the court. “They must prove that the person 
charged is the one who commit the offence and you must prove all.”
Darboe argued further that in the words of the first state witness, his client was found sitting, hence not the one who 
organized the procession. He said it was the UDP that was holding the rally and not the accused. “Why was not UDP 
charged instead of the accused,” he quizzed.  
At this juncture he referred the court to an exhibit, showing an application by the UDP to hold a rally on the 24th of 
October, 2009.  

“The accused never applied for a permit to hold a political rally, but rather the UDP and all the prosecution witnesses 
attest to it”, he said.  “Under the Public Order Act, there is no provision to apply for a permit to hold a rally. It is never 
the law.”

The presiding magistrate at that point adjourned the case to 3rd March, 2010, at 1.00pm for ruling.”  
Darboe continued that none of the prosecution witnesses could say that peters was using a loudspeaker or has in fact 
used it.“It is democracy that is on trial and not my client,” he lamented.  
He told the court that the Inspector General of Police (IGP) chooses to deny the UDP to hold political rallies, but allows 
APRC to go ahead with their rallies, which he said is unfair given that the constitution of The Gambia provides that all 
persons are equal before the law.  

However the prosecution police officer, inspector Fadera rose to counter Darboe’s submission saying the accused 
indeed has a case to answer. He said one of the state witnesses adduced that there was a procession and that a group 
of people were escorting a vehicle. He said it was also said before the court the there was an application by the UDP to 
hold a rally, which was signed by the accused.
He maintained that his witnesses are trustworthy and that a prima-facie case has been established by the prosecution. 
He urged the court to dismiss the defense’s application, and allow the accused to enter his defense.
The case is expected to resume on 3rd March, 2010, at 1.00pm for ruling








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