Gambiaj.com – (BANJUL, The Gambia) – The High Court of The Gambia has dismissed an application for bail filed by Abdoulie Sanyang, who had sought release on medical grounds, claiming his health had deteriorated during detention at Mile II Central Prisons.
Delivering the ruling on Monday, Justice Ebrima Jaiteh held that the applicant did not meet the statutory threshold for exceptional circumstances required for the granting of bail in serious offenses.
The judge cited Sections 125(1) and 125(2)(a) of the Criminal Procedure Act, 2025, which set a strict test for granting bail in offenses carrying severe penalties, including life imprisonment.
Sanyang, represented by lawyer Lamin J. Darbo, had requested either unconditional release or bail to allow him to seek specialized treatment in Switzerland. The application relied on medical reports detailing a chronic spinal ailment, rectal bleeding, and depression.
However, State Counsel S.L. Jobarteh opposed the request, arguing that the required treatment is available in The Gambia, particularly at the Edward Francis Small Teaching Hospital (EFSTH).
In compliance with a court directive, Dr. Mustapha Bittaye, Chief Medical Director of EFSTH, testified that while Sanyang has both spinal and psychiatric conditions, his situation is “clinically stable, not life-threatening, and manageable with regular supervision.” He further confirmed that appropriate medical services and follow-up care exist locally.
Defense Counsel Darbo, however, urged the court to go beyond the medical assessment, arguing that the practical conditions of Mile II could worsen his client’s health. He submitted that the presumption of innocence entitles the accused to bail where detention risks significant harm.
Responding, State Counsel Jobarteh maintained that Sanyang’s conditions predate his arrest and that no medical official has certified that they cannot be treated within the country. He stressed that a recommendation for bail from a medical perspective is not, by itself, a legal ground for release.
In his ruling, Justice Jaiteh emphasized that for bail to be granted under Section 125(2)(a), three conditions must be satisfied:
1. The accused must have a medical illness;
2. A government medical practitioner must certify the illness; and
3. The certification must state that the illness cannot be treated within the detention system.
“While the court acknowledges the genuineness of the applicant’s health challenges, no medical certification before this court states that his conditions cannot be treated within The Gambia or at Mile II,” the judge said.
He added that discomfort or chronic ailments alone do not constitute exceptional circumstances unless supported by evidence that adequate treatment is unavailable.
He therefore ruled: “The statutory threshold has not been met. The application fails on its merits and is hereby dismissed.”
The case of The State vs. Abdoulie Sanyang will proceed to trial as scheduled.
