Africa-Press – Gambia. Principal Magistrate Sillah Mbye has granted bail to four men charged with unlawful assembly and common nuisance, stressing that the authority to set bail conditions rests solely with the court and not the prosecution.
The accused—Kemo Fatty, Alieu Bah, Momodou Camara, and Omar Saibou Camara—were arraigned before the Kanifing Magistrates’ Court by a police prosecution team led by Commissioner Sanneh and ASP Y.S. Colley. They face two counts: unlawful assembly, contrary to Section 63 of the Criminal Code, and common nuisance.
According to the charge sheet, the men allegedly gathered without a permit from the Inspector General of Police on September 15, 2025, at the National Audit Office to protest the removal of the Auditor General. The prosecution further alleges that their actions caused obstruction, annoyance, or inconvenience to the public.
All four defendants pleaded not guilty to both counts. They were represented by a defense team composed of Counsel Lamin J. Darboe, Y. Baldeh, M. Tabally, and J. Jobarteh.
During the bail application, Commissioner Sanneh stated that the prosecution did not oppose bail but requested restrictions preventing the accused from participating in future demonstrations without police approval. He also asked that failure to comply should trigger immediate bail revocation and detention until the case concludes.
In response, Counsel Darboe rejected the prosecution’s request, arguing that it amounted to encroachment on judicial powers. He stressed that only the court has the constitutional authority to grant bail and determine its conditions.
Magistrate Sillah Mbye upheld the defense’s argument, ruling that the power to impose bail conditions lies exclusively with the judiciary. He declared the charges bailable and granted each of the accused persons bail set at D50,000 or the provision of one Gambian surety with an affidavit of means. The only condition imposed was for the defendants to appear at all future court sittings until the matter is concluded.
The case was adjourned to October 21, 2025, for hearing.
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