By: Dawda M. Jallow & Sering Mass Jallow
The Kanifing Magistrates’ Court Tuesday transferred a murder case to the Special Criminal Division of the High Court in Banjul having determined that it lacked the jurisdiction to hear the matter.
Momodou Jallow, also known as “Area”, was charged with murder at the Kanifing Magistrates’ Court following a reported stabbing incident in Fajara that resulted in the death of former University of The Gambia graduate and teacher, Yunusa M’bai Mbye.
The accused was subsequently remanded at Mile 2 Central Prison after the transfer of the case.
Meanwhile, Jallow appeared before Principal Magistrate Sallah M’bai on a charge of murder contrary to Section 155 of the Criminal Offences Act 2025. The charge was read to him in English and interpreted into Wolof.
According to the prosecution, on 15 June 2026, at Fajara, the accused allegedly stabbed Yunusa M’bai Mbye in the neck with a bottle during a heated altercation, causing injuries that led to his death.
Before the accused could take his plea, Inspector Cherno Baba Jallow, appearing for the Inspector General of Police, raised a preliminary objection regarding the court’s jurisdiction to hear the matter.
Inspector Jallow submitted that the offence before the court was murder, which carried a penalty of death or life imprisonment. He argued that, pursuant to Section 3 of a legal notice issued under the directive of the Chief Justice, offences of that nature fall within the jurisdiction of the Special Criminal Division of the High Court and not the Magistrates’ Court.
“We apply for the matter to be transferred to its proper jurisdiction while the accused is remanded at the Mile 2 Central Prison pending his appearance before the High Court pursuant to Section 72 of the Criminal Procedure Act,” Inspector Jallow submitted.
In her ruling, Principal Magistrate Sallah M’bai agreed with the prosecution’s submission and held that the court lacked jurisdiction to determine the matter. She accordingly transferred the case to the appropriate court and ordered that the accused be remanded at the Mile 2 Central Prison pending the hearing and determination of the matter before the High Court in Banjul.