By Isatou Sarr
The Banjul High Court Tuesday granted bail for former soldier Abdoulie Sanyang following his acquittal and despite the state indicating plans to appeal against the verdict.
It would be recalled that the state had dragged former soldier Sanyang before the court on charges of arson and contempt of court following the latter’s controversial interview with West Coast Radio last year.
Presiding over the matter, Justice Jaiteh ruled that Sanyang’s liberty could not be further restricted in the absence of exceptional circumstances, stressing that constitutional protections must be upheld.
The court acquitted and discharged Sanyang after finding that the prosecution failed to prove the charges beyond reasonable doubt.
Immediately after the judgment, State Counsel S.L. Jobarteh notified the court of the prosecution’s plan to appeal under Section 325 of the Criminal Procedure Act, 2025. The State requested that Sanyang be detained pending the appeal, citing concerns regarding his residency status.
Defence counsel K. Jallow opposes the application, referring to Section 325(3) of the Criminal Procedure Act, which grants the court discretion to either detain or grant bail to an acquitted person pending appeal. She argued that having been acquitted, Sanyang was legally a free man and should not be deprived of his liberty without compelling justification.
The court also dismisses the prosecution’s objection to counsel Jallow’s participation, affirming that the 1997 Constitution guarantees the right of an accused person to legal representation of their choice at any stage of proceedings.
“This constitutional right cannot be curtailed by the prosecution,” Justice Jaiteh said.
In his ruling, Justice Jaiteh notes that the presumption of innocence continues to apply even after acquittal and that any further deprivation of liberty must be strictly justified.
The court found that Sanyang resided within the jurisdiction and that the State had not demonstrated exceptional reasons to warrant detention. Consequently, the court exercised its discretion under Sections 325(3) and 355 of the Criminal Procedure Act to grant bail.
Bail was set at D50,000 with one Gambian surety. The surety is required to deposit a National Identity Card with the Principal Registrar of the High Court and submit an affidavit of means confirming the ability to cover the bail amount.
The court further ruled that the bail will lapse after 30 days if the State fails to file a competent petition of appeal in accordance with Section 325(4) of the Criminal Procedure Act, 2025.
The decision allows Sanyang to remain free pending the outcome of the State’s appeal.
