By: Fatou Krubally
An eight-year rape trial before the High Court in Banjul came to an end on Monday after the State formally withdrew the prosecution against Nabieu Lukay Deen, bringing the proceedings to a close without a judgment on the merits.
The case, which had been before the court since 2018, was discontinued after the Director of Public Prosecutions (DPP), A.M. Yusuf, filed a nolle prosequi indicating the State’s decision not to proceed with the prosecution.
When the matter came before Justice Ebrima Jaiteh, State Counsel M. Sarr informed the court that the notice, dated 21 July 2026, had been filed pursuant to Section 74 of the Criminal Procedure Act, 2025.
The notice, signed by the DPP, stated that the State intended that the proceedings against the accused “shall not continue.”
Defence counsel K. Sanyang informed the court that he had no objection to the application.
Court records show that Deen was arraigned before the High Court on 9 April 2018 on a charge of rape contrary to the Sexual Offences Act, 2013. The prosecution alleged that in August 2017, at Tallinding in the Kanifing Municipality, he unlawfully had carnal knowledge of a young girl without her consent.
The accused pleaded not guilty to the charge.
During the trial, the prosecution called two witnesses before closing its case. Deen subsequently testified in his own defence and called two witnesses. The matter had later been adjourned for judgment.
In his ruling, Justice Jaiteh said Section 74 of the Criminal Procedure Act empowers the Director of Public Prosecutions to discontinue criminal proceedings at any stage before judgment is delivered.
He observed that once a valid nolle prosequi was entered, the court has no discretion but to give effect to it.
The judge further clarified that the withdrawal of the case does not amount to a determination of the accused’s guilt or innocence and should not be regarded as an acquittal on the merits.
Justice Jaiteh subsequently accepted the State’s application, discontinued the proceedings and ordered that Deen be discharged in relation to the charge.
The ruling brings to an end a case that had remained before the High Court for more than eight years without a final judgment.