By Fatou Krubally
The High Court has granted bail to a man who spent nearly two years in detention without being formally charged, ruling that the prolonged delay violated his constitutional right to liberty and a hearing within a reasonable time.
Justice S.K. Jobarteh delivered the ruling recently, in favour of Bubacarr Sidih S. Kanteh, who challenged his continued detention after spending about one year and eight months in custody without an indictment being filed.
Kanteh had filed an Originating Summons dated July 1, 2026, seeking declarations that his detention was unconstitutional and requesting either his unconditional release or admission to bail pending the filing of charges by the state.
The application was supported by a 17-paragraph affidavit and a remand warrant dated October 31, 2024. Court records showed that despite the lengthy period in custody, no indictment had been filed to commence trial proceedings.
The State did not file an affidavit opposing the application. Appearing for the Attorney General, State Counsel A. Drammeh informed the court that the prosecution was not opposed to bail but requested that appropriate conditions be imposed.
In her ruling, Justice Jobarteh notes that facts contained in an affidavit that are not challenged are generally considered admitted. She said the case raised issues relating to Sections 19 and 24 of the 1997 Constitution, which protected personal liberty, the presumption of innocence and the right to a fair hearing within a reasonable time.
The court also relied on Sections 123 and 125 of the Criminal Procedure Act, which allow courts to grant bail where there has been unreasonable delay in prosecution.
“The Applicant has remained in custody for approximately one year and eight months. During that period, no indictment has been filed against him. The State has offered no explanation for this prolonged delay,” Justice Jobarteh said.
The judge held that continued detention could no longer be justified and that the interests of justice would be served by granting bail.
Kanteh was granted bail in the sum of D500,000 with one Gambian surety of the same amount. The surety is required to provide an affidavit of means and deposit a valid National Identity Card with the Principal Registrar of the High Court.
The court directed that the release would take effect only after verification and approval of the recognizance by the Principal Registrar.
Justice Jobarteh further ordered that the bail conditions would lapse after one month if the prosecution failed to file an indictment within that period, placing a deadline on the State to proceed with the case.