| T O P I C R E V I E W |
| Momodou |
Posted - 06 Jan 2023 : 19:39:18
Lance Corporal Sana Fadera & Seven Others Charged.
By Omar Wally
Eight military personnel have been charged with treason for their alleged involvement to overthrow PresidentAdama Barrow.
Here at the details.
INSPECTOR GENERAL OF POLICE
VS Sanna Fadera, Gambian Gibril Darboe, Ebrima Sano, Ebrima Baldeh, Male, Omar M. Colley, Bakary Njai, Male, Bara Touray & Lamin Jadama, ( AT LARGE)
COUNT I
STATEMENT OF OFFENCE - CONSPIRACY TO COMMIT FELONY CONTRARY TO SECTION 368 OF THE CRIMINAL CODE CAP 10:01 VOL III REVISED LAWS OF THE GAMBIA 2009.
PARTICULARS OF OFFENCE
Sanna Fadera, Gibril Darboe, Ebrima Sano, Ebrima Baldeh, Omar Colley, Baboucarr Njie (B), Mbara Touray and Lamin Jadama (at large) Sometime between the month of October and December 2022, within Banjul and diverse places of the Republic of the Gambia, you conspired among yourselves to prepares or endeavours to overthrow a democratically elected Government of President Adama Barrow, thereby committed an offence.
COUNT II
TREASON CONTRARY TO SECTION 35 (1)(A) OF THE CRIMINAL CODE
CAP 10:01 VOL III REVISED LAWS OF THE GAMBIA 2009.
PARTICULARS OF OFFENCE
Sanna Fadera, Gibril Darboe, Ebrima Sano, Ebrima Baldeh, Omar Colley, Baboucarr Njie (B), Mbara Touray and Lamin Jadama (at large) Sometime between the month of October and December 2022, within Banjul and diverse places of the Republic of the Gambia, you prepares or endeavours to over throw the democratically elected Government of President Adama Barrow by unlawful means, thereby committed an offence.
The seven men denied the charges and they were remanded under custody. The eight accused is still at large. |
| 3 L A T E S T R E P L I E S (Newest First) |
| Momodou |
Posted - 31 Oct 2023 : 18:37:20
High Court Found Sanna Fadera Guilty Of Treason & Discharges 3 Others
By Kexx Sanneh
Justice Basiru V.P Mahoney of the High Court found Sanna Fadera, the first accused, guilty of committing treason. Justice Mahoney Judged that the evidence presented demonstrated that Sanna Fadera had prepared and attempted to overthrow the government of the Gambia through unlawful means.
During the plea mitigation before the judgment was delivered, defense Counsel L.S. Camara appealed to the court on behalf of Sanna Fadera, requesting that the court not impose the death penalty on his client.
Counsel Camara argued that a lesser penalty should be considered due to factors such as Sanna Fadera being a first-time offender, his youthful age, his profession as a Lab scientist, and his service in the Army for 12 years.
On the other hand, state counsel A.M. Yusuf appreciated the verdict delivered by Justice Mahoney but was quick to inform the court of their intention to appeal against the acquittal and discharge of the second, third, and fifth accused individuals.
The state counsel also requested the court to order the remand of the discharged persons pending the hearing and determination of the appeal at the High Court. The state counsel argued that despite the absence of loss of life, the punishment for treason is capital punishment, and a severe sentence would serve as a deterrent against future attempted coups.
Counsel Camara opposed the application for the remand of the three people who had already been acquitted and discharged by the court. He asserted that there was no change in circumstances that warranted their confinement, as they should be able to enjoy their freedom granted by the court.
In the final ruling, Justice Mahoney invoked section 29 of the Criminal Code and sentenced Lance Corporal Fadera to 12 years in prison for the offense of treason. As for the second, third, and fifth accused persons, they were granted bail in the amount of D100,000 each, with one Gambian surety pending the appeal of the state.
To summarize, Sanna Fadera was found guilty of treason, while Gibril Darboe, Ebrima Sannoh, and Fa Bakary Jawara were acquitted and discharged of the charges.
The full Judgement will be coming. |
| Momodou |
Posted - 26 Jan 2023 : 14:50:30
Court releases 3 soldiers, 2 civilians in coup trial
The point: Jan 26, 2023
By: Alagie Baba
https://thepoint.gm/africa/gambia/headlines/court-releases-3-soldiers-2-civilians-in-coup-trial
A trial judge in Banjul yesterday discharged 3 soldiers and 2 civilians who were accused of treason and conspiracy to treason.
Sub-Lieutenant Omar Colley, Corporal Bakary Njie and Corporal Barra Touray, all members of the Gambia Armed Forces were released. In another arm of the trail, the two civilians in the case - Mustapha Jabbi and Saikou Gassama - were also released.
Deputy Director of Public Prosecution Abdul Maita Yusuf alongside Senior Lawyers Patrick Gomez and Lamin Jarju appeared for the State.
The prosecution informed the court that they had filed a new bill of indictment against the accused persons and they applied for the court to strike out the transfer charge sheet by the police from the Banjul Magistrate’s Court.
Defence Lawyer Lamin S. Camara made an application for the court to discharge Corporal Bakary Njie and Corporal Barra Touray, since their names were not mentioned in the new bill of indictment. Lawyer Abdoulie Jarju also made similar application with respect to Second Lieutenant Omar M. Colley, whose name did not appear in the new indictment. Lawyer Jarju asked the court to order for his reinstatement.
DDPP Yusuf for the State said the soldiers whose names were not mentioned in the bill of indictment were not charged for any crime hence, their rights and privileges will not be affected.
Justice Basiru V.P. Mahoney struck out the transfer case from the magistrate’s court.
In a similar matter, regarding the same alleged coup plot, the court discharged two civilians who were arrested, charged at the magistrate’s court and detained in respect of the coup. The names of Mustapha Jabbi and Saikou Gassama were not in the bill of indictment before the court. The police charge sheet was struck out. Sub-Inspector Fabakary Jawara was mentioned in the new bill of indictment and he is therefore awaiting trial.
The names in the new indictment were (Lance Corporal) Sanna Fadera, (Sergeant) Gibril Darboe, (Corporal) Ebrima Sanno, (Corporal) Omar Njie, and (Sub-Inspector) Fabakary Jawara.
Corporal Omar Njie did not have a lawyer, as such the law requires him to secure the service of a lawyer on his own or the State would provide him one through the National Agency for Legal Aid (NALA). Njie told the court that he was appearing in court for the first time, adding that he had been in custody all this while. He informed the court that he would like to secure a lawyer of his choice if he was afforded the opportunity to talk to his family. He stated that he did not have the chance to talk to his family since the day of his arrest.
At this point, the Judge asked him whether his family members were in the court and he replied in the positive. He was allowed to have consultation with his family after which he informed the court that he would be able to secure the service of a lawyer in a week’s time.
The presiding judge told him he was giving him a week to secure a lawyer and if he fails, the case will proceed on the next adjourned date.
The case was adjourned till Thursday, 2 February 2023, for plea taking. |
| Momodou |
Posted - 12 Jan 2023 : 12:40:15
Justice Mahoney to Hear Alleged Foiled Coup Case
January 11, 2023
By Kemeseng Sanneh (Kexx)
https://foroyaa.net/justice-mahoney-to-hear-alleged-foiled-coup-case/
Hassan B. Jallow, the Chief Justice of the Gambia has assigned Justice Basiru V.P Mahoney to preside over the alleged foiled coup trial involving some members of the Gambia Armed Forces.
Justice Mahoney of the Banjul High Court will hear the case on the 17th of January, 2023 at 1 pm.
Justice Mahoney is a Court of Appeal judge but the Chief Justice has authorized him to hear and determine this case (as a single high court judge).
It could be recalled that the government through the office of the spokesperson informed the citizenry in a press release that the Gambia Armed Forces (GAF) in a military operation arrested four soldiers linked to the alleged coup plot. In another update on the alleged foiled coup plot, the government announced that a total of seven soldiers were arrested and are helping them in their investigations and they have formed a panel to investigate.
On the 6th of January 2023, the seven accused soldiers were arraigned before Magistrate Krubally of the Banjul Magistrates Court on the charges of conspiracy to commit felony and treason.
On count one, the accused persons are charged with Conspiracy to Commit Felony Contrary To Section 368 of the Criminal Code. According to the Particulars of the offence, Sanna Fadera, Gibril Darboe, Ebrima Sano, Ebrima Baldeh, Omar Colley, Baboucarr Njie, Barra Touray, and Lamin Jadama (at large) Sometime between October and December 2022, within Banjul and diverse places of the Republic of the Gambia, conspired among themselves to prepare or endeavors to overthrow a democratically elected Government of President Adama Barrow, thereby committed an offence.
On count two, the seven soldiers are charged with Offense; of treason Contrary To Section 35 (1)(A) Of the Criminal Code. It is alleged that Sanna Fadera, Gibril Darboe, Ebrima Sano, Ebrima Baldeh, Omar Colley, BaboucarrNjie (B), Mbara Touray and Lamin Jadama (at large) Sometime between October and December 2022, within Banjul and diverse places of the Republic of the Gambia, prepare or endeavors to overthrow the democratically elected Government of President Adama Barrow by unlawful means, thereby committed an offence.
The case was transferred to the high court for want of jurisdiction because a magistrate cannot try charges of treason. |
|
|
