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Momodou
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 Posted - 09 Nov 2009 : 21:56:34
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Femi Peters to be Tried at Kanifing
By Fabakary B. Ceesay
Principal Magistrate Emmanuel Nkea of the Banjul Magistrates’ Court, on Friday 6th November, ruled that Mr. Femi Peters, the Campaign Manager of the opposition United Democratic Party (UDP) cannot stand trial at Banjul, but instead at Kanifing Division as the competent jurisdiction where the alleged offence had been committed. He therefore transferred the case to the Kanifing jurisdiction.
In his ruling on the argument by the defence and prosecution, Magistrate Nkea said he had carefully read the submissions of both sides. He stated that there are two things before the Court, the jurisdiction issue of the case and the fundamental rights of the accused person. Magistrate Nkea ruled that the issue before the Court and on the charge sheet is the use of loud speaker in a public place and control of procession and not about the fundamental rights of the accused person. He there overruled the defence counsels’ argument on the fundamental rights of the accused person. He said the accused is charged with an offence under a Criminal Code and not on any fundamental rights offence.
On whether his Court has the jurisdiction to try Mr. Peters, Magistrate Nkea took an example that all drivers in the Gambia do apply for driving license in Banjul, but that if any driver is found driving without a license in Serrekunda, that driver would not be tried in Banjul but in Serrekunda, where the offence was committed. He added that failure for one to obtain a license from the Inspector General of Police is itself not an offence. Magistrate Nkea said as far as the alleged offence was committed in Serrekunda, the Court would issue an order for the case to be transferred to Serrekunda Jurisdiction where the alleged offence has been committed.
Mr. Femi Peters, the Campaign Manager of the Opposition UDP, was arrested at his home on Sunday 25th October. He was arraigned in Court on Monday 26th but did not take his plea. He re-appeared on 28th and pleaded not guilty to in the absence of his lawyer, Mr. Ousainou Darboe. Again on Thursday 29th October, Mr. Peters was brought in Court and was granted bail in the sum of D500, 000, a Gambia surety who must sign a bond. He is charged with two criminal counts, “control of procession” contrary to section 5 (5) (a) of the Public Order Act. He is also charged with “control of use of loud speakers contrary to section 6 (a) of the Public Order Act. He is accused of using a loud speaker in public place without a written consent of the IGP in Banjul. The said rally and use of loud speaker were said to be held in Serrekunda Central on Saturday, 24 October 2009.
Source: Foroyaa Online
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A clear conscience fears no accusation - proverb from Sierra Leone |
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