Although no reasons were proffered for the no-show of the magistrate, the case was adjourned to Thursday by consensus of both defence counsel and prosecution.
The caliph of Darsilami Sagnajor, Muhideen Hydara and alkalo Buyeh Touray are being tried on two counts of conspiracy to commit misdemeanour and disobedience of lawful order. At the resumption of the case on Monday 28 July, the prosecution dropped the second count.
Senior defence counsel Antouman Gaye then made an application challenging the court’s original jurisdiction over the matter saying: “I would like the court to refer the case to the Supreme court of The Gambia for the court’s interpretation of the following questions under the constitution:
1. Whether or not by the laws which are the contemplation of section 7 of the 1997 constitution the offence charged in count two (not withstanding its incompetence as a charge) is inconsistent with and contrary to section 251C of the constitution and therefore null and void? If the answer to this is affirmative then whether count one is maintainable against the accused person. The application is made under section 127 of the constitution. I believe the matter lies on our side.”
In his riposte, the prosecutor Chief Inspector Touray said the application of the defence lacked merit and should be thrown out because similar cases have been dealt with by the court in the past.
Magistrate Sanneh is expected to deliver judgment on the application made by the defence counsel.]]>