Gambiaj.com – (BUNDUNG, The Gambia) – Former Chief Magistrate Pa Modou Njie has walked free from five serious criminal charges after the Bundung Magistrate Court, led by Magistrate I. Dibba, found that the prosecution had failed to pursue the case diligently.

The charges against Njie, including dealing in prohibited drugs, abuse of office, removal of property under lawful seizure, fraud and breaches of trust by public officers, and theft, were struck out in a ruling that underscores the vital role of the prosecution in ensuring justice is served.

Magistrate Dibba’s ruling highlighted the prosecution’s repeated failures to attend court proceedings and move the case forward.

The Inspector General of Police, represented by Inspector B. Jarju, was repeatedly absent, causing five consecutive adjournments.

This lack of action, according to the magistrate, undermined not only the specific case but also the broader principle of fair and timely justice.

The defense, led by L.S. Camara and S. Sonko, argued successfully for the dismissal on grounds of lack of diligent prosecution. They pointed to the continuous adjournments as evidence that the state was either unwilling or unable to proceed, despite having months to secure the Ministry of Justice’s legal opinion on the file.

Magistrate Dibba anchored his decision in Section 24 of the 1997 Constitution, which guarantees every accused person the right to be tried within a reasonable time. He noted that the prosecution’s inaction breached this fundamental right and that allowing the proceedings to drag on further would be a miscarriage of justice.

In his ruling, Dibba invoked the principle “interest rei publicae ut sit finis litium“—the idea that it is in the public interest to bring litigation to an end—to emphasize that the state’s delays could not be justified.

This outcome raises questions about the seriousness with which the state pursues allegations against senior judicial officials.

While Njie’s discharge means he no longer faces these charges, the case’s collapse due to procedural failings rather than an acquittal on the merits leaves a cloud over the system’s ability to hold public officials accountable.

The Bundung Magistrate Court’s ruling underscores the importance of prosecutorial diligence. When the prosecution fails to present its case, even serious allegations can collapse—not because the accused is proven innocent, but because the state has not met its basic duty to the courts and to the people it serves.