The Court of Appeal has adjourned the case of The State v. Ousainou Bojang and Amie Bojang to a date in July, after Counsel L.K. Mboge for the Second Respondent moved a Notice of Preliminary Objection challenging the competence of the State’s appeal, with the State granted seven days to respond and Mboge granted a further three days to reply.
The matter came before the three-member panel of the Court of Appeal, Presiding Justice N. Salla-Wadda (PCA), Justice B.V.P. Mahoney (JCA), and Justice A. Saho-Ceesay (JCA) today, Monday, the 15th of June 2026, for the hearing of Counsel Mboge’s objection against the State’s motion of Appeal filed on the 29th of April 2026.
In line with the directive given at the last sitting, Counsel Mboge had filed and served a Notice of Preliminary Objection dated the 9th of June 2026, and proceeded to move it before the court.
Counsel Mboge argued that the appeal before the court is incompetent and robs the court of jurisdiction to hear both the motion and the appeal itself, and that the motion on notice cannot be heard in the face of an incompetent appeal.
He further argued that the Appellant (State) has failed to exhibit any copy of the judgment being appealed against, and that no leave had been sought and obtained from either the High Court or the Court of Appeal before the appeal was filed, contending that such leave is a condition precedent to the filing of the appeal.
Counsel Mboge also gave notice that the Second Respondent (Amie Bojang) may raise additional grounds of objection at the hearing of the motion.
Following the objections, the State sought seven days within which to file a brief of arguments and points of law in response to the preliminary objection raised by Counsel Mboge.
The presiding Judge granted the request and further granted Counsel Mboge an additional three days thereafter to file a reply on points of law.
The matter was accordingly adjourned to 13th July 2026 at 10:00 for further hearing.
Background of the Appeal
The appeal arises from the judgment of Justice Jaiteh of the High Court delivered on the 30th of March 2026 in acquitting and discharging both Ousainou Bojang and Amie Bojang.
The State filed its original Notice of Appeal on the 31st of March 2026 and an Amended Notice of Appeal, carrying seventeen grounds, on the 29th of April 2026, together with a motion seeking leave to regularise the filing.
At the sitting of the 8th of June 2026, Counsel Mboge had indicated he had not filed an affidavit in opposition and sought to raise his objections verbally, arguing that a motion cannot stand where the appeal itself is not competent.
Justice Salla-Wadda maintained that any such objections would need to be reduced to writing, and the matter was adjourned to the 15th of June 2026, and Counsel filed and moved his preliminary objections. The case will now return before the same panel on 13th July 2026.
