By Arret Jatta
The Court of Appeal in Banjul heard a preliminary objection from the defence team in the State’s appeal against Ousainou Bojang and Amie Bojang, with counsel for the second respondent arguing that the appeal is incompetent and was filed without the required leave of the court.
Counsel LK Mboge, representing Amie Bojang, the sister of main accused Ousianou Bojang, urged the appellate court to dismiss the appeal, contending that the State failed to comply with key procedural requirements before filing its challenge.
A three-member panel comprising Justice N Salla-Wadda, Justice Basiru VP Mahoney and Justice Amina Saho-Ceesay presided over the proceedings.
The court directed the second respondent to file a brief on points of law and arguments within seven days.
The State was granted seven days to respond to the preliminary objection, while the second respondent was given an additional three days to file a further reply on points of law.
The objection stems from a notice filed by Amie Bojang through her lawyer, seeking to have the appeal struck out.
According to the defence, the State failed to attach a copy of the judgment being appealed against and did not obtain leave from either the High Court or the Court of Appeal before filing the appeal, despite leave being a condition precedent under the applicable appellate procedure.
Mboge argued that these alleged defects render the appeal incompetent and deprive the Court of Appeal of jurisdiction to entertain both the appeal and a motion filed by the State on April 29, 2026. He further indicated that additional grounds of objection may be raised during the hearing.
The appeal arises from the State’s challenge to the acquittal and discharge of Ousainou and Amie Bojang by the High Court earlier this year.
The matter was adjourned to July 13, 2026, for hearing of the preliminary objection and further submissions from all parties.
