By Kemo Kanyi
Musa Bao Sabally, a younger brother to the late Alkalo of Kassa Kunda village, was remanded by magistrate Fatou Darboe-Jaguraga of the Brikama magistrates’ court Tuesday on two counts; ‘making documents without authority’ and ‘false assumption of authority.’
ASP Yaya Colley announced his appearance for the Inspector General of Police, while the accused person was not represented during the plea taking.
In the indictment forwarded by the prosecution on count one, Mr Sabally is accused of “making documents without authority,” contrary to section 332 of the Criminal Procedure Code of the Gambia
As revealed by the particulars of offence for count one, Musa Bao Sabally, between December 2023 and February 2024, at KassaKunda village, West Coast Region of the Republic of The Gambia, has alledgelyprepared land transfer documents and issued livestock ownership attestation without authority or lawful excuse in the names of Seedy Drammeh, Lamin Njie, Pierre Sarr, Saikouba Fatty and other unknown persons, knowingly or having reasons to believe that he do not have such authority to do so, thereby committed offence.
Section 332 of the Criminal Procedure Code states: “Any person who, with intent to defraud or deceive (i) without lawful authority or excuse, makes, signs or executes for or in the name or account of the other person, whether by procuration or otherwise, any document or writing or (ii) knowingly utters any document or writing so made, signed or executed by other person, is guilty of a felony and is liable to imprisonment for seven years.
On count two, Mr Bao Sabally is accused of “false assumption of authority,” contrary to section 92(c) of the CPC of the Gambia.
The particulars of offence for count two explained that: “Musa Bao Sabally falsely assumed the authority of the late Alkalo of Kassa Kunda, Sheriff Sabally, by preparing various land transfer documents and livestock ownership attestation in the names Seedy Drammeh, Lamin Njie, Pierre Sarr, SaikoubaFatty and other unknown persons, knowingly or having reasons to believe that such assumption was false at the time, thereby committed offence.” The transactions alledgely occurred between December 2023 and February 2024.
This section (92)(c) states that any person who represents himself to be a person authorisedby law to sign a document testifying to the contents of any register or record kept by lawful authority or testifying to any fact or event, and signs such a document as being so authorised, when he is not, and knows that he is not, in fact, so authorised, is guilty of misdemeanour, and is liable to imprisonment for three years.
The accused person, Musa Bao Sabally, pleaded guilty to both charges preferred against him.
The prosecution applied for adjournment for it to present those land transfer documents and livestock ownership attestation to the court. The prosecution opposed the bail of the accused.
The application made by the prosecution was granted, and the accused person was denied bail and remanded at the mile II central prison pending the commencement of the matter.
The matter was adjourned to 29 April 2024 for commencement.
It could be recalled that the Chairman of Kassa Kunda Village Development Committee alleged that Musa Bao Sabally (younger brother of the late Alkalo) used the official stamp for land transactions on the 30th December 2023 (three days after the demise of the Alkalo), and on the 14th January 2024 the VDC got another document stamped by Musa Sabally.
