By Nicholas BassJustice Francis Achibonga of Banjul High Court Wednesday revoked the bail of Paulo Djabi and Co following the State’s appeal at the High Court.It could be recalled that former learned principal magistrate of Kanifing Omar Jabang on 14 September 2023 granted Paulo Djabi, Nadine Perira a bail sum of D1 Million with four Gambian sureties in the like sum while Mamadu Neto Djabi and Secuna Jabi were granted a bail sum of 300,000 each with two Gambian sureties as bail requirement.
However, Justice Achibonga yesterday said that the former principal magistrate of Kanifing Omar Jabang did not have the jurisdiction to try money laundering offences, noting that Magistrate Jabang misconstrued the provision of Section 2 of the Anti- Money Laundering and Combating of Terrorist Financing Act,2012 which requires money laundering offences to be tried before the High Court.Justice Achibonga pointed out that offences contained in count 8,9,10,11,12 ,13 and 14 of the chargesheet were money laundering offences which fell outside the jurisdiction of magistrates’ court.
He also said that learned principal magistrate Jabang failed to consider that only the High Court has the exclusive original jurisdiction for the interpretation and
enforcement of the Anti-Money Laundering and Combating of Terrorist Financial Act, 2012.
”I find the appeal meritorious and the same is hereby allowed. The ruling of the Kanifing Magistrates’ Court assuming jurisdiction to hear the case and thereby granting or admitting the respondents to bail on 14 September is hereby set aside”, Justice Achibonga ruled.
