Gambiaj.com – (KANIFING, The Gambia) – The Kanifing High Court has dismissed Yankuba Darboe’s appeal in his ongoing sedition trial. Darboe, the Chairman of the Brikama Area Council (BAC), had contested the decision made by Magistrate Marcel L. Thomasi of the Banjul Magistrate’s Court.
The controversy began when the prosecution closed their case against Darboe, prompting the court to call on him to open his defense. Darboe responded with a “no case to answer” submission, asserting that the prosecution had failed to establish a prima facie case against him. However, in August 2023, Magistrate Marcel L. Thomasi dismissed this submission, ordering Darboe to present his defense.
Unhappy with the Magistrate’s ruling, Darboe, through his lawyer, filed an appeal to the High Court. He sought to overturn the Magistrate Court’s decision on his “no case to answer” submission and questioned the Magistrate’s impartiality, requesting recusal. Darboe maintained that he had no case to answer and asked the High Court to affirm this position.
However, Justice G.A. Kwabeng of the Kanifing High Court dismissed Darboe’s appeal in its entirety, affirming the lower court’s decision. Justice Kwabeng ordered that the case proceed at the Banjul Magistrate’s Court under Magistrate Marcel L. Thomasi’s supervision, who will continue to oversee the determination of the sedition charge related to Darboe’s alleged comments during the three-year Jotna protest trial.
Yankuba Darboe is now expected to present his defense before Magistrate Marcel L. Thomasi to contest the charges brought by the Inspector General of Police. The state’s case, represented by Counsel M. Ngum, stands firm as the legal proceedings continue.
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