Fatou Jaw Manneh Case Bounces back to Kanifing

Monday, December 10, 2007

The Banjul High Court on Friday ordered the trial of the US- based Gambian journalist, Fatou Jaw Manneh, to be continued at the Kanifing Magistrates Court where it started. Justice MM Yamoa told the court that as a number of witnesses had given their evidence-in-chief before the Kanifing Magistrates Court, the case necessarily ought to continue from the Kanifing jurisdiction since the case could be handled by any court.

The Director of Public Prosecution (DPP), Emmanuel Fagbenle, earlier on made an application urging the court to invoke section 63 of the Criminal Procedure Code which, he said, empowered the High Court to determine the jurisdiction of a case.

Defense counsel Lamin Jobarteh objected to the DPP’s application, saying that if the state prosecution wanted the court to invoke section 63 of the CPC, they should request that by way of a motion.

The issue of competent jurisdiction had been the cause of controversy between the Kanifing and Banjul Magistrates’ courts since the beginning of the case on 4th April this year,

Both courts are arguing their lack of jurisdiction to try the matter.

Fatou Jaw Manneh has been standing trial for the offence of publishing false news with intent to cause alarm or fear in the society and uttering seditious words.



Source: The Point