The case involving Kanimang Bajo, Chief Executive Officer of Ejabah Travelling and Tours, has been withdrawn from the Kanifing Magistrates’ Court after the prosecution told the court that the alleged transactions occurred in Banjul.

The prosecution has indicated that the matter will be pursued before the Banjul Magistrates’ Court, which it considers the appropriate jurisdiction for the case.

Commissioner of Prosecutions Abdoulie Sanneh explained the development to alleged victims at the Kanifing Magistrates’ Court, telling them that the case would be taken to Banjul because that is where the alleged transactions took place.

In court, Sanneh said investigations were still ongoing and that the prosecution had established that Bajo’s office is located in Banjul and that payments connected to the allegations were made there.

The prosecution subsequently applied to withdraw the case under Section 78(1) of the Criminal Procedure Act, 2015.

Defence counsel A. Jeng had opposed the repeated adjournments in the matter, arguing that the delays were affecting her client’s constitutional right to liberty.

She urged the court to release Bajo until the prosecution was ready to proceed with the case.

Magistrate A. Manneh granted the prosecution’s application and ordered Bajo’s immediate release, unless he was otherwise being lawfully detained.

In her ruling, Magistrate Manneh said the prosecution had provided a legitimate basis for seeking the withdrawal of the case.

She found no evidence that the application had been made in bad faith, for the purpose of oppression or to unfairly prejudice the accused.

“In the circumstances of this case, the prosecution has advanced a legitimate basis for its application,” the magistrate said.

She further noted that investigations remained ongoing and that questions had arisen concerning the proper territorial jurisdiction of the matter.

The court made clear, however, that the withdrawal does not amount to an acquittal.

The magistrate explained that under Section 78 of the Criminal Procedure Act, where a matter is withdrawn before the accused is called upon to enter a defence, the accused is discharged in respect of the offence or offences.

Such a discharge, she stressed, does not prevent the prosecution from bringing fresh proceedings based on the same facts.

The court also emphasised Bajo’s constitutional right to personal liberty.

Bajo was therefore ordered to be released immediately unless he was otherwise lawfully detained.

Bajo, who heads Ejabah Travelling and Tours, is facing allegations arising from transactions involving members of the public who claim to have paid money in connection with services provided by the company.

The allegations led to the matter being brought before the Kanifing Magistrates’ Court.

However, the prosecution has now told the court that further investigations have established that the alleged transactions were carried out in Banjul.

Commissioner Sanneh subsequently urged alleged victims to submit any receipts issued to them by Bajo to the Fraud Squad in Banjul.
The prosecution said the receipts would assist investigators and help expedite the ongoing investigation.

By Adama Makasuba