Leaders of Operation Three Years Jotna will appear in High Court today in Banjul which will be presided over by Justice Amina Saho–Ceesay.
Kanifing Magistrates’ Court last week transferred the trial case of eight leaders of Operation Three Years Jotna to the Special Criminal Division of the High Court after ruling not having the jurisdiction to hear the case. Last week case at Kanifing Magistrates’ Court was presided over by Magistrate Pierrette Mendy Sarr.
The accused of Abdou Njie, the (Chairman of the movement), Ebrima Katim Jarju, Sheriffo Sonko (Executive member), Hagie Suwaneh, the (spokesperson) of the Movement, Fanta Mballow, Karim Touray, Yankuba Darboe (Executive Member) and Muctarr Ceesay are charged with Unlawful Assembly, contrary to section 70 of the Criminal Code, cap 10:01 volume 3.Count two (2): Rioting after proclamation, contrary to section 74 of the criminal code, cap 10:01 volume 3 laws of the Gambia 2009. Count three 3: Rioters demolishing structures, contrary to section 76 of criminal code, cap 10:01 volume 3 law of the Gambia.
On the charge of unlawful Assembly, the accused persons are alleged to have jointly and unlawful taken part in an unlawful Assembly on the 26th January 2020.
On the second charge, the accused persons are alleged to have disregarded and continued with their protest after the expiration of the proclamation made by Deputy Superintendent Alagie Jallow in the name of the President of the republic to disperse peacefully.
On the 3rd Count 3, they are alleged to have demolished the GTTI’s students’ waiting shed by setting it on fire.
At the Kanfing court Superintendent Mballow represented the IGP alongside Assistant superintendent Prince Almameh James Manga while Lamin S. Camara represented the 3 Jotna movements alongside Lamin J. Darboe, Lamin L. Darboe, Borry S. Touray, Abdoulie AMO. Badjie, Ebrima K. Jallow and Abdoulie Jarju.
After listing to Superintendent Mballow and lawyer Lamin S. Camara arguments over jurisdiction, application for bail, presiding Magistrate Sarr ruled that the Legal Notice is a law and it has ousted the jurisdiction of the court to try the case.
She said the Legal Notice is a subsidiary legislation and therefore section 7 of the Constitution provides that subsidiary legislation forms part of the laws of the Gambia. She said she lacks the jurisdiction to entertain the matter.
She transferred the matter to the high court in reliant on section 61 of the Criminal Code. She also relied on section 208A to remand the accused persons to Mile II pending the special criminal court hearing.
She transferred the matter to the High Court in reliant on section 61 of the Criminal Code. She also relied on section 208A to remand the accused persons to Mile II pending the special criminal court hearing.
