By Bruce Asemota
Justice Sidi Jobarteh, the vacation judge presiding over the bail application of Sainabou Mbye, Cherno Mbye and Kibilli Dambelly, has set tomorrow Thursday for her ruling on the application.
Justice S. Jobarteh made the declaration yesterday after listening to the submissions of both the applicants’ counsel, Lawyer S.T.Jaharteh and senior state counsel M.B.Sowe.
Lawyer S.T.Jaharteh had submitted that the High Court has the jurisdiction to interpret and enforce the provisions relating to the fundamental human rights in the Constitution and urged the court to exercise its jurisdiction and release the applicants.
She further submitted that the applicants are being detained at Mile 2 without charge, noting that holding charges have no legal basis in this jurisdiction.
She stressed that detaining the applicants without charge is a violation of their fundamental human rights citing section 19 and 24 of the 1997 Constitution.
She urged the court to take judicial notice of the horrendous condition of Mile 2 prisons, the poor sanitation and physical condition of the cells.
Lawyer S. T. Jaharteh argued that there are no corresponding charges warranting the court to release them on bail but the only appropriate order is for the court to release them unconditionally.
In his reply, senior state counsel M.B.Sowe argued that the matter was transferred by the magistrates’ court pursuant to section 208 and section 62 of the Criminal Procedure Code which is the basis of the applicant’s detention.
Counsel Sowe submitted that the applicant’s detention was legal and based on the order of the magistrates’ court.
He reminded the court that the High Court had made an order for the State to file bill of indictment within two weeks noting that the state was still within the two weeks period.
He argued that the applicants’ counsel is reprobating and approbating and blowing hot and cold at the same time and not being specific about what she wants.
Lawyer Sowe said the applicants’ lawyer is asking the court to release them on bail and at the same time asking the court to release the applicants unconditionally.
The state counsel urged the court to disregard the application noting that it lacks merit.
At this juncture, Justice Sidi Jobarteh adjourned the matter for ruling tomorrow.