Gambiaj.com – (Banjul, the Gambia)- The 22 youths, who were recently remanded at the Mile Two Central Prison, have been granted bail by Magistrate Thomas Faud Touray of the Kanifing Magistrates Court. This decision comes just one week after they were remanded, despite there being no objection from the Prosecution.

This comes hot heels of a of a Motion on Notice by the lawyers defending the protesters seeking the court to make an order to abridge the adjourned date by bringing it forward from September 4th, 2025, to August 27th, 2025, for the court to deliver its ruling on the bail application of the accused persons.

It could be recalled that on the 22nd of August, 2025,  23 youths were arrested by the members of the Gambia Police Force (GPF) while protesting against the Gambia Utilities Regulatory Authority’s (PURA) new internet tariff floor which received widespread condemnation.

On the 25th of August, 2025, they were arraigned before Magistrate Thomas Touray of the Kanifing Magistrates’ Court. The youth were charged with one count of offence of control of procession contrary to section 5 subsection 5 of the Public Order Act.

All 23 youths pleaded not guilty to the charge levelled against them. Their lawyers then filed a bail application for them to be released on bail. Despite no objection from the prosecution, Magistrate Touray ordered the youths to be remanded at the Mile Two Central Prison and adjourned the case to the 4th of September 2025 for him to deliver a ruling on the application.

However, following the filing of a motion on notice dated the 26th of August 2025, the youths have been granted bail.

In moving the motion, Counsel Junkung Jobarteh, one of the lawyers representing the youths said the motion on notice is in the best interest of natural justice.

Counsel Jobarteh informed the court that the motion is accompanied by an 11-paragraph affidavit sworn to by Kemeseng Sanneh, a Gambian National.

“We are relying on all the paragraphs most especially on paragraph 3 where we averred that the accused persons were arraigned before this court and took their plea of not guilty. We have also averred that this honourable court had adjourned to suspend its ruling to be delivered on the 4th of September 2025,” Counsel Jobarteh told the court.

Counsel Jobarteh submitted that in their averments, they emphasised that the Magistrate Court and any other court has the discretion to deliver its ruling instantaneously or defer it to another date.

“Your Worship, we believe that the accused persons who are being remanded at the prison have health-related concerns that may not overwhelm the circumstances of the prison,” Counsel Jobarteh submitted.

Counsel Jobarteh expressed the defence team’s vehement belief that shortening the delivery of the ruling on the bail application will remedy such health concerns.

It is Counsel Jobarteh’s submission that the court and the state are the protectors of the rights of citizens, while emphasising that all the accused persons are Gambians between the ages of 20 to 45, who have Gambian families and persons that can stand as surety for them.

“This court is a Court of Justice. One of its cardinal responsibilities is to protect the human rights of the people. All state organs should protect the human rights of persons. These are the averments,” Counsel Jobarteh reminded the court of its duties to the citizens.

Lawyer Kaddijatou Jallow, also one of the lawyers representing the youths re-echoed the submission of Counsel Jobarteh and directed the court to several case laws, especially the Court Act, for the court to rely on them to make rulings in favour of the accused persons.

Meanwhile, ACP Almany Manga, while representing the Inspector General of Police informed the court that they have no objection to the application.

“There are no issues with us and we are not objecting to their motion. We are not objecting to the court granting them bail,” ACP Manga said.

ACP Manga told the court that they are only reaffirming their previous decision that they don’t want any ambiguity and therefore will not object to the application.

“We could have gone for the technicality of their motion paragraph by paragraph but we are not objecting to it. We leave everything in the capable hands of this court,” ACP Manga told the court.

After the submission of both defence and prosecution, Magistrate Touray granted the application and then delivered his ruling on the bail application.

In delivering his ruling, Magistrate Touray said the sole issue which stands for determination is whether the accused persons should be granted bail under the circumstances.

Magistrate Touray confirms taking note of the fact that the offence herein is bailable.

”However, the court is guided in the exercise of its discretion based on the circumstances of this particular case and in line with the existing laws on bail,” Magistrate Touray asserted.

Magistrate Touray said the case law developed in this jurisdiction setting out other factors and or principles which can help and or guide the court in the exercise of its discretionary powers in the grant and or refusal of bail.

Magistrate Tourag said: “Among these are; whether the offence is serious and the gravity of the punishment attached, whether the accused person is likely to interfere with investigations, whether the accused is at flight risk, whether the accused will commit another offence when granted bail, the safety of the accused persons among others.“

Considering the fact that the accused persons are presumed innocent until proven guilty, Magistrate Touray said they enjoy the constitutional presumption of innocence.

“The law in this jurisdiction is that a person charged with an offence is presumed innocent until proven guilty and declared as such by a court of competent jurisdiction, See section 24(3)(a) of the 1997 Constitution of the Republic of The Gambia,” he said.

Magistrate Touray emphasized that the burden of proving the guilt of the accused is on the person who alleges that he has committed the offence. He cited section 144(2) of the Evidence Act.

Magistrate Touray said in this case, the burden is on the prosecution since they preferred the charge against the accused herein.

“From all of the above and considering the fact that the offence herein is bailable, I am minded to grant the accused persons bail in the following terms; Each of the accused person is granted bail in the sum of D50,000.00 (Fifty Thousand Dalasis or with one Gambian surety in the like sum,” Magistrate Touray ruled.

Magistrate Touray further ruled that the sureties are to each swear to an affidavit of means in the above sum and also deposit their valid Gambian Biometric Passport or a valid I.D Card with the Registrar of the court pending the trial.

“Considering the charge, and as a safeguard to maintaining sanity pending the hearing and determination of this case, the accused persons are ordered to enter into a self-recognizance to keep the peace and be of good behaviour pending the hearing and determination of this case, failure to abide by which shall lead to the revocation of their bail,” Magistrate Touray ordered in his ruling on the bail application.

The case has been adjourned to the 11th of September 2025 for hearing.