Principal Magistrate Sillah Mbye has granted bail to four accused of “unlawful assembly” and “common nuisance” asserting that only the court holds the sole authority to set bail conditions, not the prosecution.
The police prosecution led by Commissioner Sanneh, alongside ASP Y.S. Colley, arraigned Kemo Fatty, Alieu Bah, Momodou Camara, and Omar Sambo Camara on two counts of unlawful assembly and common nuisance.
According to the particular of offences Kemo Fatty, Alieu Bah, Momodou Camara, and Omar Saibou Camara unlawful assembly on September 15, 2025 contrary to section 63 of the offences Act, alleging that the four conducted themselves in a manner likely to cause a breach of the peace by holding a protest without a permit from the Inspector General of Police at the National Audit Office in opposition of the removal of the Auditor General.
The second count, common nuisance, alleges that Kemo Fatty, Alieu Bah, Momodou Camara, and Omar Saibou Camara caused annoyance or obstruction or inconvenience to the public on the same date at the National Auditor’s office.
After the charge sheet was read all four defendants—Kemo Fatty, Alieu Bah, Momodou Camara, and Omar Sambo Camara entered a plea of not guilty to both charges.
The defense team for the accused composed of Counsel J. Darboe, Y. Baldeh, M. Tabally, and Counsel J. Jobarteh.
During the bail hearing, Commissioner Sanneh informed the court that they aren’t opposed to bail but attached a disclaimer stating that the court should restrict the accused from participating in any future demonstrations without a permit from the Inspector General of Police.
Commissioner Sanneh argued that if they fail to comply, the court should revoke their bail, immediately re-arrest them, and hold them in custody pending the conclusion of the case.
In a strong rebuttal, Counsel J. Darboe argued that the prosecution was overstepping its bounds. He asserted that Commissioner Sanneh was “dancing in the territory, which is the under territory of the court, to determine the condition of bail.”
He argued the principle of judicial independence, stating that the authority to grant bail and set its terms is a power vested solely in the judiciary.
Presiding Magistrate Sallah Mbye sided with the defence, agreeing that the power to set bail and its conditions lies “solely on the Court, not the prosecution.”
Magistrate Sallah Mbye declared the charges are bailable offences and granted the four accused a bail at a sum of 50,000 Dalasi each or one Gambian surety who must provide an affidavit of means. The only condition set by the court was that the accused must be present for all future court hearings until the case is concluded.
The case has been adjourned until September 21, 2025, for a hearing.
