Chairman Yankuba Darboe in court (PhotoCredit: Keex Sanneh)
By Landing Ceesay
The Chairman of the Brikama Area Council (BAC) Lawyer Yankuba Darboe has filed a motion for the Magistrate Court to suspend the continuation of his case pending the hearing and determination of the appeal he filed at the Court of Appeal of the Gambia.
The Brikama Area Council Chairman is currently facing two criminal charges initiated by the Inspector General of Police (IGP) On March 9, 2021
The Inspector General of Police alleged that on February 10, 2021, Yankuba Darboe committed an offense by using disparaging language directed at both the President of the Gambia, Adama Barrow, and the Judiciary of the Gambia.
The prosecution has presented several witnesses in this trial. At the conclusion of the prosecution’s case, Chairman Yankuba Darboe and his legal team submitted a no case to answer motion.
However, this motion was dismissed by the presiding Magistrate, M.L. Thomasi. Chairman Darboe appealed this decision at the High Court of the Gambia.
Unhappy with the dismissal of their application, Chairman Darboe and his legal team filed a motion requesting Magistrate M.L. Thomasi to recuse himself from the case. Magistrate Thomasi refused to step down.
Chairman Darboe’s appeal at the High Court was also dismissed.
Subsequently, Chairman Yankuba Darboe and his legal team have now filed an appeal against the decisions of both the Magistrate Court and the High Court at the Court of Appeal of the Gambia.
On Thursday, September 12, 2024, Chairman Darboe was scheduled to begin his defense in the sedition trial following the dismissal of his application by the High Court.
However, Counsel Lamin S. Camara, representing Chairman Yankuba Darboe, informed the court that his client had filed a motion in August, which has yet to be assigned a return date.
“My lord, this is set for the defence to open its defence. However, we have filed a motion before the court on the 12th of August, and filed it on 14th of August and the said motion is yet to be given a return, we will ask the court to give a return date,” Counsel Camara told the court.
Magistrate M.L. Thomasi ordered the prosecution to file their affidavits opposing the motion within seven days.
In his motion, sworn by Isatou Ceesay, Chairman Yankuba Darboe stated that he had applied for the records of the proceedings to be transmitted to the High Court for the appeal to be heard.
Chairman Darboe mentioned that the High Court granted the order for the transmission of the records, and he ensured they were typed and transmitted accordingly.
“The Records of proceeding 1st drafts were typed but required vetting, which was not done. As a result, the High Court dismissed the Notice of Appeal on the 11th day of July 2024. Thereafter, I lodged an Appeal to the Gambia Court of Appeal against the Ruling dismissing the Appeal on the 25th day of July 2024. A copy of the said Appeal is hereby attached and marked IC1,” Chairman Darboe stated.
Chairman Darboe also said he has taken steps to hear the charge against him and unless restrained, the prosecution will render him in a situation of total helplessness.”I am informed by Counsel L.S Camara and I verily believe the same to be true that the Appeal will be rendered nugatory if the Respondent is not restrained pending the hearing and determination of the Appeal. Unless this court intervenes, the Appellant’s Appeal shall be rendered nugatory,” he said.
The case has now been adjourned to the 20th of September 2024 for hearing of the motion.