Gambiaj.com – (BANJUL, The Gambia) – Ebrima Dibba was arraigned before Principal Magistrate Muhammed Krubally on charges of seditious intention under Section 51, subsection 1 of the Criminal Code. The charges stem from a WhatsApp audio Dibba allegedly published in May 2024, in which he called the President “greedy” and “immature,” among other derogatory terms.
The prosecution argued that the statement was intended to incite hatred and contempt against the President and the government.
The offence Dibba is charged with carries a penalty of up to one year in prison, a fine of fifty thousand dalasis, or both if he is found guilty. Representing the Inspector General of Police were Commission Abdoulie Sanneh, Superintendent, and ASP Y.S. Colley, while Senior Lawyer Bory S. Touray, Abul Aziz Bensouda, Yakumba Jaiteh, and Lawyer Lamin Fatty represented the accused.
During the proceedings, Counsel Touray announced their intention to challenge the charge before Dibba entered his plea. Touray argued that Section 51, under which Dibba is charged, is only a definition section and does not create an offence. He contended that the appropriate section for criminalizing sedition is Section 52, which outlines the penalties for seditious acts.
Commission Sanneh countered that the charge was proper, citing that Section 52 subsection 1(b) and (c) aligns with Section 51 subsection 1(a). He requested that the application by Counsel Borry be dismissed and asked Dibba to enter his plea.
After hearing the preliminary objections, replies, and points of law, Principal Magistrate Krubally adjourned the matter to the following day for a ruling. Counsel Borry then applied for bail, noting that Dibba was under police bail and highlighting his status as a family man and a United Democratic Party executive member. The prosecution did not object to the bail application.
Magistrate Krubally granted bail to Dibba in the sum of D100,000 dalasis, requiring a responsible Gambian surety and other conditions to ensure Dibba’s appearance in court.
Additionally, the court ordered the prosecution to provide the defence with the alleged incriminating WhatsApp audio purportedly made by Ebrima Dibba and its translations to avoid a trial by ambush.
The case continues as the court prepares to deliver its ruling on the objections raised.
