Momodou
Denmark
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Posted - 10 Dec 2007 : 22:02:51
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Fatou Jaw Manneh’s Trial Back To Kanifing By Fabakary B. Ceesay
The sedition trial, involving the state and Journalist Fatou Jaw Manneh, will again be heard at Kanifing Magistrates Court. Justice Mabel Maame Yamoa made this ruling on Friday 7 December. When the case was called, the state counsel, E.O Fagbenle, made an application under Section 63 of the Criminal Procedure Code, which he said should be invoked by the court and noting that the high court has power to determine the jurisdiction of the trial.
The defence counsel, Lamin Jobarteh, objected to the counsel’s application, arguing that it must be in the form of a motion and that Section 63 needs to be certified.
Justice Yamoa granted the state counsel’s application. She therefore ruled that the case had to be moved back to Kanifing Magistrates Court where it started and that a good number of witnesses had already testified there. Fatou Jaw Manneh first appeared in Kanifing Magistrates Court, on 4 April, on different charges of sedition. On July 3, the trial Magistrate, Buba Jawo, ruled that his court had no jurisdiction to continue the trial of the case and transferred the matter to Banjul Magistrates Court, which he said had the jurisdiction.
On Monday 6 August, Magistrate Imelda Mboto of Banjul Magistrates’ Court also declined to hear the case, noting that the court had no jurisdiction to hear the matter. She ruled that the accused should be tried at Brikama Magistrates Court since the accused was arrested at the airport, which is under the Brikama jurisdiction. The state then decided to appeal to the High Court to determine the jurisdiction of the trial.
Now, Justice Yamoa at the High Court has finally ruled that the case be tried at the Kanifing Magistrates Court.
Source: Foroyaa Newspaper Burning Issues Issue No. 145/2007, 10 – 11 December 2007
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A clear conscience fears no accusation - proverb from Sierra Leone |
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