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Superior Courts Begin Vacation

The Chief Justice of the Gambia, Hassan B. Jallow has given a directive for all superior courts to go on summer vacation until end September 2020.   The superior courts in The Gambia are the High Court, the Gambia Court of Appeal and the Supreme Court while other courts are regarded as subordinate courts.   The Chief Justice relied on Section 143 subsection 1 of the 1997 Constitution to make such directives amid the surge in the number of cases of the novel coronavirus. This is the fifth directive by the Chief Justice in 2020. Chief Justice Jallow said the current situation poses a greater danger to the health and safety of people, thus the need for measures to be taken to avoid the spread of the virus.   The Gambia currently has about a thousand confirmed cases of the coronavirus which has been declared as a pandemic by the World Health Organisation. The Gambia Government on the 5 th August 2020 has declared another state of public emergency which indicated the country
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Why stiffening private criminal prosecution?

The draft amendment Criminal Procedure Code (CPC) seeks, among others, to stiffen private criminal prosecution. The private prosecutor will be left with little or no rights if the draft bill becomes law. The draft CPC amendment bill will undermine people’s right to initiate and continue with private criminal prosecution if it is allowed to pass to become law. What sense does it make for a Director of Public Prosecutions to be given the power to discontinue a private criminal prosecution?  The differences between the current CPC and the draft amendment of the CPC The current Criminal Procedure Code thus provides that a person, other than a public prosecutor or a police officer, who has reasonable and probable cause to believe that an offence has been committed by a person, may make a complaint thereof to a Magistrate who has jurisdiction to try or inquire into the alleged offence, or within the local limits of whose jurisdiction the accused person is alleged to reside or be. The complai

Court Awards D500,000 Against Gambia Government After Conceding Acting Arbitrary

The Gambia Government has conceded that they unlawfully occupied the property belonging the Global Home of Medical Mission (Global HOMM) which is currently being used by the Anti-Crime Unit.  This came after they were dragged to court by Global HOMM over the property currently used as the headquarters of the Anti-Crime Unit of The Gambia Police Force. In September 2019, a judgment was obtained from the Kanifing Magistrate’s Court in favour of the group in which writ of possession was issued. From September 2019 to date they are struggling to take over the land. The magistrate made orders that the group shall take have possession of the property. Also, the court awarded cost in favour of the group and ordered the defendants to pay them fifty thousand dalasis for general damages for trespass. The lower court ordered the defendant to pay the group twenty five thousand dalasis for the cost of the action. Appearing before the high court on Monday, 30 th June Muhammed B. Sowe for the

Lawyer Wants Court to Sign Subpoena for TRRC to Produce Edward Singhatey’s Testimony Regarding Koro Ceesay’s Demise

Defence Counsel A. Sisoho has made an application for the Banjul High Court to sign a subpoena ordering the Executive Secretary of the TRRC to produce official statement of Edward Singhatey, a former member of the AFPRC. Edward Singhatey, together with Yankuba Touray (the accused person), were both members of the Armed Forces Provisional Ruling Council (AFPRC) after toppling the regime of ex-President Sir Dawda Kairaba Jawara in July 1994. Touray, a retired military captain is accused of murdering Ousman Koro Ceesay who was the Minister of Finance in June 1995 at his residence in Kerr Sering. When the question was put to Singhatey before the Truth, Reconciliation and Reparations Commission (TRRC) he denied participating in the murder of Ousman Koro Ceesay.   Singhatey vehemently denied knowledge of the accusation levied against him and Touray as he rebuffed Kanyi’s allegation that they all participated in the murder of Koro Ceesay. When Yankuba Touray was asked to give testimon

Accused of Rape & Robbery of Women, Ndong Faces 16 Criminal Charges

Ismaila Ndong, an adult male Gambian now faces sixteen criminal charges. He was formerly charged with eight counts of rape, robbery and robbery with violence until on Monday, 29 th June 2020 when the prosecution increased it to sixteen. Ismaila Ndong is an alleged serial rapist and robber of several women within the Greater Banjul Area. He is accused of being the taxi driver who used to rape and rob women at night when he takes them for a town-trip in the Greater Banjul Area. He was arrested by the Anti-Crime Unit of the Gambia Police Force on Jeshwang-Mile 7 Highway. When the case was called before Justice   Francis Apangabuno Achibonga on Monday, 29 th June 2020, Senior State Counsel, Kimbeng T. Tah who represented the Attorney General informed the court that they have increased the charges from eight to sixteen counts. Lawyer S. Badjie for Ndong requested time to consult with the accused person to discuss the amendment on the indictment which was granted by the court. His fo