By: Dawda M. Jallow
The Kanifing Magistrates’ Court yesterday transferred a murder case involving Momodou Samba Bah to the High Court for lack of jurisdiction.
The case was presided over by Principal Magistrate Sallah M’bai.
The prosecution, led by Sergeant 4195 Amadou Baldeh on behalf of the Inspector General of Police (IGP), charged the accused with murder contrary to Section 155 of the Criminal Offences Act 2025.
According to the prosecution, the incident allegedly occurred on 3 March 2026 at Manjai in the Kanifing Municipality. It was alleged that Momodou Samba Bah, with malice aforethought, unlawfully caused the death of one Mbaye Dem by stabbing him in the neck with a knife.
Sergeant Baldeh informs the court that the offence of murder falls outside the jurisdiction of the Magistrates’ Court. He therefore applied under Section 72 of the Criminal Offences Act for the matter to be transferred to the Special Criminal Division of the High Court.
He further relied on Section 72A and Legal Notice No. 3 of 2009, requesting that the accused be kept in custody pending his appearance before the superior court. The prosecution also applied for the accused to be remanded at the Mile 2 Central Prison until the matter is taken up by the Special Criminal Division of the High Court.
In her ruling, Principal Magistrate M’bai acknowledged that the Magistrates’ Court lacks jurisdiction to hear murder cases.
“Going by the charge sheet, the Magistrates’ Court lacks the jurisdiction to entertain this matter,” she stated.
The court subsequently granted the prosecution’s application and ordered that the case be transferred to the Special Criminal Division of the High Court.
The accused was also ordered to be remanded at the Mile 2 Central Prison pending his appearance before the High Court.
