Fatou Jaw’s case back to Kanifing

Justice MM Yamoa has transferred the sedition trial involving Fatou

Jaw Manneh,

a Gambian journalist based in the United States,

back to the Kanifing Magistrates Court, where it was first mentioned.

The High Court judge told the court yesterday,

that a number of witnesses had given their evidence-in-chief before

the Kanifing Magistrates Court

and therefore ordered that the case be sent back to the Kanifing

jurisdiction.

This dramatic move followed an application by Emmanuel Fagbenle,

director of public prosecution (DPP),

who urged the court to invoke Section 63 of the Criminal Procedure Code,

which gives the High Court the power

to determine the jurisdiction of the case.

Defence Counsel Lamin Jobarteh objected to

the DPP’s application, saying that the state prosecutor should have made

the application

in the form of a motion and not under Section 63.

The issue of competent jurisdiction to try the alleged sedition trial

has been a source of controversy among the magistrates courts since

it reached the courts in April this year. The case made little progress

before Magistrate Buba Jawo of the Kanifing Magistrates Court, who later

trasferred it to Banjul on grounds of jurisdiction.

Magistrate Imelda Mboto of the Banjul Magistrates Court also

ruled that Banjul Magistrates Court did not have the jurisdiction

to try the case and therefore transferred it to Brikama,

from where it went to the Banjul High Court.