Yusupha Jammeh 57, Abdoulie Bah and Momodou Jallow all from Essau, were freed after the prosecution failed to adhere to the judge’s warning. Justice Emmanuel Amadi last month warned the state prosecutor to proceed with the case on the next adjourned date or he’d strike the case off.
The three men were arraigned in July 2013 and not a single witness has since been called to testify in their case since. Jammeh was accused of exchanging CFA30,000, Jallow of exchanging CFA10,000 and Bah of exchanging CFA2,000 without licence in Barra, North Bank Region. They pleaded not guilty.
“The information is that the prosecution is not able to prosecute the case for over one year, then there is no assurance that by the next adjournment, they will be able to produce a single witness. I hereby discharge the accused persons. You can all go now,” Justice Amadi ruled.
The discharge of the men came after Mustapha L Marong, lawyer for Yusupha Jammeh, urged the judge to withdraw the case and set his client and his co-accused free after the prosecutor, Alieu Jallow asked for an adjournment on the basis that he could not reach his witnesses.
“The rule of law enjoins that all men are entitled to liberty. This case has been dragging on for more than a year and not a single witness has been called. If the state with all its resources at their disposal cannot trace their witnesses, they should withdraw the case,” he said.]]>