By Arret Jatta
The Court of Appeal has adjourned the state’s motion seeking to appeal the acquittal of Ousainou Bojang and Amie Bojang, after finding that the respondents were entitled to additional time to respond to the application.
The matter came before a three-member panel of the court yesterday, comprising President of the Court of Appeal Justice NaCeesay Salla-Wadd, Justice Bassirou Mahoney and Justice Aminata Saho-Ceesay.
Director of Public Prosecutions AM Yusuf appeared alongside F Touray for the state, while BMO Badjie, holding brief for Counsel Lamin J Darboe and Lamin K Mboge, appeared alongside J Jeng for the respondents.
Opening the proceedings, Justice Salla-Wadda noted that the state had filed a motion on notice and sought confirmation as to whether counsel for the respondents had been served. Counsel Badjie informed the court that the motion had been received on 29th May 2026 and that an affidavit in opposition had since been filed.
He further told the court that Counsel Mboge had informed him that the process was served directly on the second respondent, Amie Bojang, who had been instructed to provide him with a copy.
Following submissions from both sides, Justice Salla-Wadda observed that the respondents were served on 29 May and were therefore entitled to two clear days within which to respond to the application. The court subsequently adjourned the matter to Monday for a definite hearing of the motion.
The state is seeking to appeal against the judgment delivered by Justice Ebrima Jaiteh of the High Court on 30th March 2026, acquitting and discharging the Bojang siblings.
The Attorney General’s Chambers filed a Notice of Appeal on 31st March 2026, a day after the judgment, and later filed an amended Notice of Appeal on 29th April 2026.
In its motion, brought pursuant to Section 322 of the Criminal Procedure Act, 2025, the state is asking the court to grant leave to appeal the acquittal, declare the original notice of appeal validly filed, grant leave to amend the notice, and deem the amended notice as properly before the court.
The application is supported by an affidavit sworn to by a legal clerk at the Attorney General’s Chambers, who stated that although leave ought to have been sought before filing the original Notice of Appeal, the Court of Appeal has the authority to regularise the process.
The matter was first listed before Justice Salla-Wadda on 20th May 2026 but was adjourned after concerns were raised regarding service on the respondents. The court directed the Director of Public Prosecutions to work with the court’s process server to ensure personal service before the hearing could proceed.
