Africa-Press – Gambia. The Banjul Magistrates’ Court, presided over by Principal Magistrate Krubally, has acquitted Babou Jobe and Dawda Sambou of charges related to the possession of prohibited drugs, citing the prosecution’s failure to prove its case beyond reasonable doubt.
Jobe and Sambou were charged under Section 35(2)(b) of the Drug Control Act, 2014, following their arrest on February 8, 2024, at the Banjul City Council. They were accused of being in possession of 25 parcels, 38 wraps, and an unspecified quantity of cannabis sativa, with a total weight of 700 grams. Both defendants pleaded not guilty to the charge.
During the trial, the prosecution relied on testimony from several officers of the Drug Law Enforcement Agency, Gambia (DLEAG).
Narcotics officer Ousainou Mbaye (PW1) testified that samples of the suspected substance were sent for laboratory analysis, which confirmed the presence of cannabis sativa. The analytical report was admitted into evidence as Exhibit A.
Adama Badjie (PW2), another narcotics officer, said he was part of the team that conducted the raid and found a joint of suspected cannabis with the accused. He further claimed that a multi-coloured bag containing suspected cannabis was recovered from the premises, although neither accused admitted ownership.
Officer Ansumana Manjang (PW4), who led the operation, testified that three individuals were present during the raid, including the two accused. He said a third person fled the scene. According to his testimony, the drugs were found in a cupboard in the house. A weighment certificate and a daily report were admitted as Exhibits C and B, respectively.
Lamin Manjang (PW5) presented the cautionary and voluntary statements of the second accused, Dawda Sambou, which were admitted as Exhibit D.
Testifying in their own defence, both Jobe and Sambou denied any knowledge or possession of the drugs.
Babou Jobe (DW1) claimed they were sitting at the entrance of an unfinished building when officers arrived. He alleged that the joint in question was found with a third person who was arrested and taken away. He further stated that the bag of cannabis was produced by the officers later, and he denied any link to it.
Dawda Sambou (DW2) corroborated Jobe’s account, maintaining that they were searched at the scene and no drugs were found on them. He also denied any connection to the bag of cannabis.
In his judgment, Magistrate Krubally noted that the prosecution’s case hinged on establishing that the accused were in possession of the prohibited drugs. He cited Section 141(1) of the Evidence Act and the landmark case Woolmington v DPP, emphasizing the burden on the prosecution to prove its case beyond reasonable doubt.
The court found inconsistencies in the prosecution’s narrative, particularly in the number of people allegedly present during the raid and the manner in which the drugs were recovered. The judge observed that the prosecution failed to establish who had actual control or possession of the drugs, especially given that a third suspect reportedly fled the scene.
Magistrate Krubally concluded that the prosecution had not met the required standard of proof and had failed to establish a direct link between the accused and the drugs in question.
Consequently, Babou Jobe and Dawda Sambou were acquitted of all charges.
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