Africa-Press – Gambia. The Bundung Magistrate Court, presided over by Magistrate I. Dibba, has struck out five criminal charges related to drug offenses and misconduct previously filed against former Chief Magistrate Pa Modou Njie. The court also formally discharged the accused, citing lack of diligent prosecution.
Pa Modou Njie had faced charges including dealing in prohibited drugs, abuse of office, removal of property under lawful seizure, fraud and breach of trust by a public officer, and stealing by a public officer. All charges were dismissed in the court’s ruling.
The case, brought by the Office of the Inspector General of Police (IGP) and prosecuted by Inspector B. Jarju, was challenged by defense counsels L.S. Camara and S. Sonko, who successfully filed an application for the matter to be dismissed on the grounds of prosecutorial delays.
In his decision, Magistrate Dibba focused on whether the prosecution had pursued the case with due diligence. He noted that the matter had been adjourned five consecutive times at the prosecution’s request, each time citing the unavailability of the case file, which had been referred to the Ministry of Justice for legal advice.
Magistrate Dibba emphasized that Section 24 of the 1997 Constitution guarantees every accused person the right to a fair trial, which includes being tried within a reasonable time. He ruled that the persistent delays amounted to a violation of the accused’s constitutional rights and underscored that sufficient time had elapsed since the case was last active.
The magistrate further referenced the legal maxim interest rei publicae ut sit finis litium—meaning it is in the public interest that litigation comes to an end—stating that there was no indication the state intended to proceed with the prosecution.
Consequently, Magistrate Dibba struck out the case and discharged Pa Modou Njie of all charges.
For More News And Analysis About Gambia Follow Africa-Press
