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T O P I C    R E V I E W
toubab1020 Posted - 22 Apr 2021 : 17:23:27
I shall be very interested in following this case on the adjournment date of 6th May 2021 I cannot imagine a more complicated set of circumstances for Principal Magistrate S.K. Jobarteh to untangle in order that justice can be achieved

+++++_+++++


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https://foroyaa.net/former-gambian-soldier-omar-sarjo-faces-prosecution-for-obtaining-gambian-passport-by-false-declaration/
==========
Former Gambian Soldier Omar Sarjo Faces Prosecution for Obtaining Gambian Passport by False Declaration


By Mariama Marong
Foroyaa: April 22, 2021


Omar Sarjo, a former Gambian soldier who was dismissed from the Army by the current Government is facing prosecution for obtaining Gambian passport by false declaration.

The accused person is accused of attempting to obtain a Gambian passport by false declaration contrary to section 31 (h) and 32 of the Immigration Act. According to particulars of the offence, Omar Sarjo around 22nd October 2018 at Banjul attempted to obtain a Gambia passport form and also sworn to an affidavit of means to change his date of birth instead of 24/04/1984 to 10/04/1984 thereby committing an offence.

The Inspector General of Police was represented by Sergeant Ousainou Touray of the Gambia Police Force.

Bakary Saidykhan, the third prosecution witness in the case said he works with the Gambia Immigration Department. He testified that one Sergeant Ousainou Touray was the one who examined the application form of the accused person.

Witness Saidykhan testified that the accused person (Omar Sarjo) in his statement stated that he would confess about his true identity; that he doesn’t know anything about his biological parents. The witness said the accused person narrated to him one of his uncles, Yusupha Sanyang was the one who told him about his family. Saidykhan said the accused person said he was taken away from his mother while he was a baby by a group of women called “ kanyile” from a village called “ Kachi” to his uncle’s village called “ Kabakell” in Gambia.

The accused person was enrolled at Kabakell nursery, primary and junior schools but he was unable to attend senior school and the name he used during his school days was Saikou Sanneh.

The prosecution witness said Omar Sarjo told him upon hearing the selection of soldiers, he (Omar Sarjo) borrowed a school document from one person called Omar Sarjo in order to meet the requirements for the selection into the Gambia Armed Forces.

The witness testified that the accused person was asked whether he had any relation with Salif Sarjo, the leader of the rebel movement fighting for the independence of Casamance. The witness told the court that the accused person responded in the negative; that he had no relationship with the leader of the rebel movement – MFDC.

The Immigration officer said the accused person obtained Gambian passport by false declaration because Omar Sarjo was not his real name.

The witness was shown a statement which he identified as Omar Sarjo’s statement, but it was written by him (the witness). Prpsecuting officer Sergeant Ousainou Touray applied to tender the statement, but Defence Counsel Lamin Badjie objected to the application, arguing that the statement was not obtained voluntarily and the signature was not made by the accused person.

Principal Magistrate S.K. Jobarteh rejected the statements as she held that it was inadmissible in court.

On cross-examination by lawyer Lamin Badjie, the witness maintained the accused person was not a Gambian.

The Defence Counsel requested for a copy of the accused person’s national identity card which was already admitted into the court record. Lawyer Badjie further asked the witness why he said the accused person was not a Gambian. In response, the witness said his citizenship is not established and he could have acquired the ID any way or means.

Lawyer Lamin Badjie asked “Is that ID issued by the Gambia Immigration service?”

Bakary Saidykhan answered: “I don’t know.”

Lawyer Lamin Badjie further asked “Is this ID obtained by false…..?”

Bakary Saidykhan replied “I was not there when it was issued.”

Lawyer Lamin Badjie stated “The accused is a Gambian.”

Bakary Saidykhan said “the ID card can be acquired by fraud.”

Lawyer Lamin Badjie asked “Are you saying that the ID was acquired by false….?”

Bakary Saidykhan replied in the positive with use of the word “Yes”.

The case was adjourned to 6th of May, at 11 am for the continuation of the cross examination.
2   L A T E S T    R E P L I E S    (Newest First)
toubab1020 Posted - 24 Jan 2022 : 16:52:42
In this case the IGP has made a big mistake (in my opinion ) by selecting a POLICE OFFICER, Sergeant Ousainou Touray to represent him in what was from the outset going to be a complicated legal matter which would warrant the employment of a sharp legal mind at a hearing before a judge .

++++++++++

SNIPPET from the posting above:
"The Trial Judge stated that Section 33 (1) a and b is plain and clear and that a person cannot be dismissed as a soldier based on a declaration made for enlistment be it false or otherwise after three months of making the said declaration.

Justice Achibonga pointed out that Omar Sarjo wasn’t given fair hearing and wasn’t given opportunity to be heard before he was dismissed.

He noted that his dismissal was contrary to the principle of natural justice and section 24 of the 1997 Constitution.
Justice Achibonga declared that the CDS does not have that power to dismiss the applicant in 2017 based on his declaration made on the 1st July 2005 for enlistment and by his dismissal was contrary to the law."

Momodou Posted - 24 Jan 2022 : 14:27:02
Court declares Omar Sarjo’s dismissal from army unlawful

The Standard: JANUARY 24, 2022

By Bruce Asemota



https://standard.gm/gambia-news/court-declares-omar-sarjos-dismissal-from-army-unlawful/

Justice F. A. Achinboga of the High Court in Banjul has declared that the termination of the services of Omar Sarjo, a soldier, by the then Chief of Defence Staff (CDS) in 2017, was a clear contravention of the 1997 Constitution.

The trial judge also declared the dismissal of Omar Sarjo was a clear contravention of Section 33(1)a and b of the Gambia Armed Forces Act chapter 19:01.


The judge delivered this judgment in a civil matter filed by the applicant, Omar Sarjo against the Chief of Defence Staff and the Attorney General and Minister of Justice.

Justice Achibonga told the court that Omar Sarjo’s main contention is that he was enlisted into the Armed Forces on the 1st July 2005 and had his services terminated in 2017.

Justice Achibonga stated that the Chief of Defence Staff opposed the application and contended that Omar Sarjo made false declaration on the enlistment form in order to get enlisted into the Gambia Armed Forces.


The Trial Judge stated that Section 33 (1) a and b is plain and clear and that a person cannot be dismissed as a soldier based on a declaration made for enlistment be it false or otherwise after three months of making the said declaration.

Justice Achibonga pointed out that Omar Sarjo wasn’t given fair hearing and wasn’t given opportunity to be heard before he was dismissed.

He noted that his dismissal was contrary to the principle of natural justice and section 24 of the 1997 Constitution.

Justice Achibonga declared that the CDS does not have that power to dismiss the applicant in 2017 based on his declaration made on the 1st July 2005 for enlistment and by his dismissal was contrary to the law.

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