The leaders of 3 Years Jotna were on Wednesday remanded in custody after being charged with unlawful assembly, rioting and criminal damages. Two of the charges attract life imprisonment.

Abdou Njie, Yankuba Darboe, Ebrima Kitim Jarju, Sheriffo Sonko, Fanta Mballow, Kassim Touray, Haji Suwaneh, and Muctarr Ceesay were arraigned before the Kanifing Magistrate Court.

Police prosecutor Officer M.D. Mballow read out the charge sheet
that included unlawful assembly, contrary to section 70 of the criminal code, rioting after proclamation contrary to section 74 of the criminal code, rioters demolishing structures, contrary to section 76 of the criminal code

Officer Mballow submitted that counts 1 and 2 “attract an imprisonment of 1 and 5 years respectively while count 3 attracts life imprisonment.

“Our laws do not confer this court with the power to try offences that attract life imprisonment,” he said, relying on Legal Notice number 3 of 2009 which provided for a Special Criminal Division of the High Court to try offences such as count 3 because it attracts the sentence of life imprisonment.

Mballow argued that the legal notice forms part of the laws of the Gambia in reliant to section 7 of the Constitution.

“Legal Notice number 3 of 2009 takes away the jurisdiction of this honourable court to try count 3 (rioters demolishing structures),” Mballow said.

He said since the legal notice oust the court’s power to try the offence it should transfer the matter to the high court and remand the accused persons pending their arraignment before the high court.

However, defence lawyer Lamin S Camara said: “This court has the jurisdiction to try this case. This court has all the powers under section 5 (2) of the Criminal Procedure Code (CPC) (powers of the subordinate courts).

“Sentence to life imprisonment is not mandatory under our laws, unlike treason which attract death. The court can reduce sentences including life imprisonment sentences,” he said.

The presiding magistrate P. Sarr transferred the case to the high court saying the lower court does not have the jurisdiction to hear the case. The accused were remanded at Mile Two Prison pending a trial date at the high court.

3 Years Jotna, which has been declared a subversive group by the Barrow government, has been campaigning for the resignation of President Adama Barrow.

Reporting by Adama Makasuba