By Arret Jatta
The High Court in Banjul yesterday dismissed the bail application of former Gambian soldier Abdoulie Sanyang, who is facing charges of arson and interference with judicial proceedings, based on a radio interview he had three months ago.
Ruling on the accused’s bail application, presiding judge Ebrima Jaiteh said the applicant has failed to demonstrate exceptional circumstances warranting the grant of bail under Section 125 of the Criminal Procedure Act, 2025.
According to the court, while Sanyang suffers from legitimate health challenges, including a spinal disorder, rectal bleeding, and a mood disorder with depression, the medical evidence presented did not meet the statutory threshold for bail.
“The law demands medical certification of lack of facility, not subjective observation of deterioration or institutional inefficiency,” Justice Jaiteh emphasised.
The court’s decision was based on the testimony of Dr. Mustapha Bittaye, Chief Medical Director of the Edward Francis Small Teaching Hospital (EFSTH), who confirmed that Sanyang’s conditions are clinically stable, not life-threatening and manageable in The Gambia under appropriate medical supervision.
The court maintained that although Dr. Bittaye acknowledged that the prison environment is not ideal and may aggravate Sanyang’s discomfort or anxiety, he did not certify or assert that the required treatment cannot be provided within the country or within the detention system.
The court noted that the distinction between the availability of medical facilities and the desirability of treatment in a particular environment is critical under subsection (2)(a) of the Criminal Procedure Act.
“The statute requires a medical certification of unavailability of adequate treatment, not a general opinion on desirability, convenience, or prison conditions,” Justice Jaiteh said.
Counsel Lamin J. Darbo , representing the accused , had argued that the medical and psychiatric reports before the court clearly recommended bail to facilitate structured psychiatric and pain management follow-up.
However, the court found that this recommendation did not amount to a statutory certification of medical unavailability.
The court’s decision means that Sanyang will remain in custody pending trial.
