In Alleged Abduction Case Scc Urges State to File Briefs

The Daily Observer (Banjul)

Sidiq Asemota

13 June 2011

Justice Joseph Enwa Ikpala of the Special Criminal Court (SCC) in Banjul, has given the state, represented by senior state counsel, Njaimeh Jallow, seven days to file briefs in the criminal trial involving the state against seven accused persons charged with conspiracy to commit felony.

The accused persons: Joseph Okeke, Nonso Mbosah, Anuwa Ibiam, Nonso Adowa, Arinze Chukwu, Pius Patrick and Awa Touray, are charged with the offence of conspiracy to commit felony, abduction, stealing, obtaining money and goods by false pretence, amongst others. When the case came up for both parties to adopt their briefs, senior state counsel, Njaimeh Jallow informed the court that the prosecution had not filed its briefs, adding that the prosecution was out of time.

She then urged the court to grant the state an extension of time to file its briefs. Lawyer N. Jallow explained that the prosecution was unable to file its briefs on time, because the prosecution travelled out of the jurisdiction on an official assignment after the receipt of the defence briefs.

At that point, Justice Ikpala asked if the official assignment overrode criminal prosecution. In her response, defence counsel Awjum Gaye objected to the application by the prosecution for an extension of time, on grounds that the reason advanced by the prosecution lacked merit. She submitted that even if the prosecution had travelled out of the jurisdiction, the prosecution never travelled out of the jurisdiction with the case file.

Defence counsel Awjum Gaye further submitted that there are other competent counsels at the Ministry of Justice that could have written and filed the prosecution’s briefs, and therefore urged the court to refuse the prosecution’s application.

After listening to the arguments of both counsel, Justice Joseph Enwa Ikpala said he was not satisfied with the reasons advanced by the prosecution, but in the interest of justice, he would oblige the prosecution 7 days to file and serve the defence its briefs.

The case was then adjourned to the 20th of June 2011.

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