Malamin Jammeh who claimed to be 80-years old was granted bail in the sum of D2 million after his lawyer’s application for him to be released on bail following the prosecutor’s application for an adjournment.
The National Drug Enforcement Agency filed a single count of ‘possession of prohibited drugs for the purpose of trafficking’ on the 23, September 2013 against the Mr Jammeh. He is accused of being found with 15 kilogrammes of cannabis. He pleaded not guilty.
Mr Jammeh was released on strict bail conditions including that he provides a Gambian who must deposit to an affidavit of means and provide a title deed to a property situated within the Greater Banjul Area or West Coast Region.
Furthermore, he will be required to surrender his passport and other travel documents with the registrar of the court.
“Considering the issue of bail of the accused person, I will make it clear that bail being a discretion of the court, it can grant it unless this is an express provision of the law to oust the said jurisdiction from the court,” Magistrate Lamin Mbye said dismissing the prosecutor’s statement that only the high court could grant Mr Jammeh bail.
“The constitution being the supreme law of The Gambia anything which is inconsistent with the provision of the constitution is null and void to the extent of its inconsistency as per section 4 of the constitution.”
Earlier in the proceeding, lawyer Lamin Mboge said it will not be fair to remand the accused in custody while the witnesses are all at liberty. “He is a family man. The witness who is the cause of the adjournment today is at liberty. If he fails to come to court at the next adjourned date, I will apply for the foreclosure of the prosecution’s case so that the defence can start its case,” he added.]]>