By: Dawda M. Jallow
The Kanifing Magistrates’ Court Thursday granted the prosecution’s application and dropped charges against Kanimang Bajo, Chief Executive Officer of Ejabah Travel and Tours, in a case involving allegations that prospective Hajj pilgrims were defrauded of millions of dalasis.
Bajo, who was facing a charge of obtaining money by false pretenses was ordered to be released immediately unless he was being lawfully detained on another matter.
Magistrate A. Manneh granted the application pursuant to Section 78 of the Criminal Procedure Act, 2025.
In her ruling, Magistrate Manneh said the provision permitted a prosecutor with the consent of the Attorney General, to withdraw a prosecution against an accused person at any stage before judgment was delivered.
She said where a case was withdrawn before the accused was called upon to enter a defense, the accused was discharged in respect of the offence or offences concerned.
“In the circumstances of this case, the prosecution has advanced a legitimate basis for its application,” the magistrate said.
She added that there was nothing before the court to suggest that the prosecution’s application had been made in bad faith, for purposes of oppression or to unfairly prejudice the accused.
The court was also informed that investigations into the matter remained ongoing while questions had arisen regarding the proper territorial jurisdiction of the court.
“I find no material before me to suggest that the application is mala fide,” Magistrate Manneh ruled.
The court, however, made clear that the withdrawal of the case did not amount to an acquittal.
The magistrate explained that a discharge under Section 78(2)(a) of the Criminal Procedure Act did not prevent subsequent proceedings against Bajo arising from the same facts.
The ruling therefore brings the current proceedings before the Kanifing Magistrates’ Court to an end, but does not legally prevent the matter from being pursued again.
On Bajo’s continued detention, the court said personal liberty was a fundamental constitutional right and found no basis for keeping him in custody following the withdrawal of the case.
“In the absence of any other lawful basis for his continued detention, there is no justification for the accused to remain in custody following the withdrawal of the matter,” the court ruled.
The court consequently granted the prosecution’s application and ordered Bajo’s immediate release, unless he was otherwise lawfully detained.
Bajo had been facing allegations arising from claims by prospective Hajj pilgrims who said they had paid money to Ejabah Travel and Tours for visas and travel arrangements for the 2026 Hajj but were left without the promised arrangements.
The case attracted significant public attention, with affected individuals and their families appearing before the court to demand accountability and the recovery of their money.
Thursday’s ruling, however, dealt specifically with the prosecution’s application to withdraw the charges and did not determine the truth or otherwise of the underlying allegations against Bajo.