By: Cecilia E.L. Mendy
The Court of Appeal on Monday heard an application by the State seeking leave to appeal the acquittal and discharge of Ousainou Bojang and Amie Bojang by the High Court.
The application was heard by a panel comprising Justice N. Salla-Wadda, President of the Court of Appeal, Justice B.V.P. Mahoney and Justice A. Saho Ceesay.
Director of Public Prosecutions A.M. Yusuf appeared for the State, while Counsel B.M.O. Badjie represented the respondents. Counsel Badjie informed the court that he was holding brief for Counsel Lamin J. Darbo for the first respondent and Counsel L.K. Mboge for the second respondent.
The application arises from a judgment delivered by Justice Ebrima Jaiteh on 30 March 2026, in which both respondents were acquitted and discharged.
In an affidavit in opposition filed on behalf of the first respondent, Ebrima Charty, a clerk at Dabanani Chambers, argued that the State failed to comply with procedural requirements governing appeals from the High Court to the Court of Appeal.
The affidavit further contended that the intended appeal lacked merit and that granting the application would prejudice the respondents, who had already undergone a full trial and been acquitted of all charges.
The court also considered an affidavit in support sworn by Kaddijatou A. Bah, a legal clerk at the Attorney General’s Chambers and Ministry of Justice.
According to the affidavit, the State filed a notice of appeal on 31 March 2026, one day after the High Court judgment. The State acknowledged that leave ought to have been obtained prior to filing the notice, but argued that the Court of Appeal has the power to regularise the process.
The affidavit stated that an amended notice of appeal was later filed on 29 April 2026, and maintained that granting the application would not occasion prejudice to the respondents.
The court was also informed of directions issued on 20 May 2026 regarding service of court processes on the respondents. At that sitting, the court directed the Director of Public Prosecutions to work with the court’s process server to ensure proper personal service before the hearing of the motion.
The State, through the motion brought under Section 322 of the Criminal Procedure Act 2025, is seeking leave to appeal against the entire High Court judgment.
It is also seeking an order deeming the notice of appeal filed on 31 March 2026 as valid and properly filed, as well as leave to amend the notice of appeal and have the amended version filed on 29 April 2026 recognised as properly before the court.
The matter was adjourned to 12 June 2026 for further hearing.