By: Cecilia E. L. Mendy
The Court of Appeal in Banjul on Monday directed defence counsel L.K. Mboge to file formal written objections in the appeal involving Ousainou Bojang and Amie Bojang and serve all parties by 9 June 2026.
The directive followed arguments over the competence of the appeal and whether objections raised by the defence could be considered without supporting affidavit evidence.
At the start of proceedings, Presiding Judge Justice N. Salla Wadda inquired whether counsel had filed an affidavit in opposition to the motion before the court. Counsel Mboge responded that no affidavit had been filed, stating that the defence intended to rely on points of law.
He further argued that the motion should not proceed if the appeal was incompetent and sought to raise his objections orally.
Justice Salla Wadda, however, held that while counsel could raise objections, they would not be formally recorded unless filed in writing. The court nevertheless allowed oral submissions to proceed, while insisting on proper written filings.
In his submissions, Mboge argued that the court should first determine the competence of the appeal before hearing the motion, warning that proceeding otherwise could render the process a nullity if the appeal was improperly before the court.
He cited provisions of the Court of Appeal Rules on Criminal Appeals, including requirements for filing a notice of appeal and obtaining leave where necessary, as well as prescribed procedural forms.
Counsel also referred to Section 322 of the Criminal Procedure Act, 2025, noting that appeals by the Attorney General against acquittal must comply with strict legal conditions.
Mboge maintained that compliance with procedural requirements was fundamental and must be determined before the motion could be heard.
Justice Salla Wadda reiterated that any objections must be reduced into writing and formally filed for the court’s consideration.
At the conclusion of proceedings, the court ordered defence counsel to file and serve formal objections by Tuesday, 9 June 2026.
The matter was adjourned to 15 June 2026 for hearing of the motion.