By Mama A. Touray
The Banjul High Court has rejected a no-case-to-answer submission filed on behalf of ex-soldier Abdoulie Sanyang, ruling that the state has established a prima facie case and ordering him to open his defence.
Justice Ebrima Jaiteh delivered the ruling on Tuesday after Counsel F Bondi argued that the prosecution had failed to prove its case. Sanyang faces two charges: arson, contrary to section 305(a) of the Criminal Code, and interference with judicial proceedings, contrary to section 99(d) and (i) of the Criminal Offences Act 2025. He has pleaded not guilty to both counts.
Jaiteh outlined the evidence presented by the state, which included testimony from six witnesses and one subpoenaed witness, Therese Fatou Gomez, who authenticated an audio recording of an interview aired on 14 August 2025. The recording was played in open court and admitted as Exhibit P9.
Police Officer Mbaye Conteh tendered voluntary and cautionary statements from the accused (Exhibits P1-P3), while IT specialist Paul S. F. Sambou submitted a flash drive containing video footage of the interview, admitted as evidence. Other witnesses provided corroborative testimony linking Sanyang to both charges.
Jaiteh highlighted the video evidence, noting: “Of particular significance is the video evidence wherein the Accused explicitly states that he paid individuals to burn the building forming the subject of count one. The footage also captures him making statements concerning the pending case of The State v. Ousainou Bojang, describing the courts as ‘clandestine’ and misrepresenting the nature of ongoing judicial proceedings.”
After the state closed its case, Bondi submitted that the prosecution had failed to establish a prima facie case and urged the court to dismiss the charges under section 245 of the Criminal Procedure Act 2025. State Counsel M. Sarr opposed, arguing the evidence was sufficient to require the accused to enter his defence.
Quoting section 245, Jaiteh explained that acquittal is only possible where there is no evidence on an essential element or where evidence is so discredited that no reasonable tribunal could rely on it. He said the prosecution’s evidence was coherent, admissible, and probative.
On the arson charge, Jaiteh said: “The Accused’s own admission, captured verbatim in Exhibit P7, that he paid individuals to burn the building, constitutes direct evidence of procurement of the offence under section 26(1)(d) of the Criminal Offences Act 2025.” He added that even if Sanyang was not physically present at the scene, his admission of paying perpetrators was sufficient to require an explanation.
On the interference charge, Jaiteh said: “The audio and video recordings clearly capture the Accused making statements on an ongoing criminal case describing the courts as ‘clandestine’ and misrepresenting judicial processes. This is direct credible evidence of the offence charged.”
Concluding, Jaiteh ruled: “The evidence, if left unanswered, is sufficient for a tribunal properly directing itself to convict. The no-case submission brought under section 245 of the Criminal Procedure Act 2025 is therefore overruled. And the accused is hereby called upon to enter his defence.”
By Mama A. Touray The Banjul High Court has rejected a no-case-to-answer submission filed on behalf of ex-soldier Abdoulie Sanyang, ruling that the state has established a prima facie case and ordering him to open his defence. Justice Ebrima Jaiteh delivered the ruling on Tuesday after Counsel F Bondi argued that the prosecution had failed The Fatu Network
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