Four men accused of unlawful assembly and common nuisance were granted bail by Principal Magistrate Sillah Mbye, who emphasized that the court, not the prosecution, has the last say over bail requirements.
A police prosecution team headed by Commissioner Sanneh and ASP Y.S. Colley arraigned the defendants, Kemo Fatty, Alieu Bah, Momodou Camara, and Omar Saibou Camara, before the Kanifing Magistrates’ Court. They are charged with both common nuisance and unlawful assembly, which is against Section 63 of the Criminal Code.
The charge sheet states that on September 15, 2025, the men allegedly assembled at the National Audit Office to protest the Auditor General’s dismissal without the Inspector General of Police’s permission. The prosecution also claims that the public was obstructed, annoyed, or inconvenienced by their acts.
On both charges, the four defendants entered not guilty pleas. A defense team consisting of Counsel Lamin J. Darboe, Y. Baldeh, M. Tabally, and J. Jobarteh represented them.
Commissioner Sanneh said during the bail application that the prosecution did not object to bail but instead asked for limitations that would prevent the accused from taking part in protests in the future without permission from the police. Additionally, he requested that noncompliance result in immediate bail revocation and incarceration until the issue is resolved.
Counsel Darboe responded by turning down the prosecution’s request, claiming it was an infringement on the court’s authority. He emphasized that the only constitutional authority to issue bail and set its terms rests with the court.
Magistrate Sillah Mbye supported the defense’s position, holding that only the judiciary has the authority to set bail requirements. He granted each accused person bail of D50,000 or the furnishing of one Gambian surety with an affidavit of means after declaring the allegations to be bailable. The defendants were merely required to show up for all upcoming court appearances until the case was resolved.
The hearing for the case was postponed until September 21, 2025.
