By Cecilia E.L. Mendy
The High Court has dismissed a parole application by Muhammed Jammeh, ruling that the legal framework required to implement parole is not yet operational.
Jammeh had sought parole and suspension of the remainder of his sentence, citing good behaviour in custody and having served the minimum portion of his sentence required under the law.
The State opposed the application, arguing that while Section 258 of the Criminal Procedure Act 2025 provides for parole, it cannot yet be enforced due to the absence of necessary regulations and rehabilitation structures.
Section 258 allows prisoners, excluding those serving capital sentences, who have demonstrated good behaviour and served at least one-third of their sentence, to apply to the High Court for parole.
However, subsection (4) mandates that any prisoner granted parole must undergo a rehabilitation programme at a government or designated facility. The court noted that the absence of supporting regulations and designated facilities makes this requirement impossible to implement.
The Attorney General’s Chambers told the court that no such regulations or facilities currently exist, leaving the parole system incomplete. The court agreed, stating it cannot lawfully grant parole without a statutory framework for post-release rehabilitation.
The ruling also clarified that the court’s discretion under subsection (3) cannot override the mandatory provisions of subsection (4), warning that doing so would constitute judicial overreach.
While acknowledging Jammeh’s reported good conduct and signs of rehabilitation, the court concluded that the parole system remains inoperative. The application was therefore declared premature and legally incompetent.
The court struck out the application but allowed Jammeh to reapply once the required regulations and framework are established.