By Fatou Gassama
After nearly eight years of legal proceedings, the rape case against one Nabieu Lukay Deen, accused of having carnal knowledge of a young girl without her consent, came to an unexpected end yesterday, after the state file a “nolle prosequi” bringing the matter to a close without a verdict.
Presiding judge, Justice Ebrima Jaiteh of the High Court accepted the notice filed by the Director of Public Prosecutions, AM Yusuf, indicating the State’s intention to withdraw the case.
Defence Counsel K. Sanyang did not object to the application.
Delivering his ruling, Justice Jaiteh noted that Section 74 of the Criminal Procedure Act, 2025 empowers the director of public prosecution to discontinue criminal proceedings at any stage before judgment.
He said the law leaves no room for judicial discretion once a valid _nolle prosequi_ has been entered. The court’s role, he added, is limited to ensuring the notice was properly filed by the authorised officer.
The judge emphasised that a nolle prosequi_does not amount to an acquittal on the merits. It is a formal discontinuance of proceedings, resulting in the accused being discharged rather than acquitted.
The court subsequently accepted the _nolle prosequi_, ordered the discontinuance of proceedings against Nabieu Lukay Deen, and discharged him in respect of the charge.
