Mr Bah is being tried by the state for abuse of office by appointing Ms Jainaba Jobarteh as The Gambia’s representative to the United Nations in New York without due procedures. He denied any wrong doing.
Prior to the prosecution’s declaration of the closure of their case, they presented three witnesses and tendered a host of exhibits in an attempt to build a prima facie case against Mr Bah. Upon the closure of their case, the attorney for Mr Bah, Lamin Mboge made a no-case submission on the basis that the prosecution had failed to establish the ingredients of the offence as charged and therefore his client should not enter his defence.
Lawyer Mboge further contended in his address that there was no evidence on record neither any evidence served on the defence to show that the consent of the Attorney General has been obtained before arraignment and during the prosecution up to the closure of the case by the prosecution.
In his ruling after perusing the file, the trial magistrate, Dawda Jallow noted that his predecessor has indicated that he has sought the consent of the AG to prosecute Mr Bah in respect of the charge before the court.
Magistrate Jallow finally ruled that he has considered and held that a prima facie case has been made by the prosecution and therefore called upon Mr Bah to enter his defence.
Immediately after the ruling, lawyer Mboge applied for an adjournment to enable him prepare for the defence. The matter was consequently adjourned to December 4 for defence.
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