Justice Jaiteh has struck out two separate parole applications. Despite the enactment of the Criminal Procedure Act 2025, Justice Jaiteh declared the current statutory parole mechanism “inchoate and presently inoperable” due to the government’s failure to establish necessary regulations.
The rulings involved two applicants, Muhammed Jammeh and Ensa Jammeh, both of whom appeared in person to request their release under Section 258 of the new Act. Both argued they met the legal criteria for parole as they were not serving capital sentences, they had demonstrated good behaviour while in custody and had served at least one-third of their custodial sentences.
While Justice Jaiteh acknowledged their positive conduct and rehabilitative efforts, it ultimately found their applications “premature and legally incompetent”.
Justice Jaiteh’s decision lies in Section 258(4) of the Act, which mandates that any prisoner released on parole must undergo a rehabilitation program in a government-prescribed facility.
Justice Jaiteh emphasised that the word “shall” in the statute denotes a mandatory requirement, not a choice.
However, the State, represented by Counsel F. Drammeh, successfully opposed the move successfully arguing that while the law exists on paper, the infrastructure to support it does not.
“The Court cannot lawfully suspend a sentence and release a prisoner on parole in the absence of the mandatory statutory framework governing post-release rehabilitation,” Justice Jaiteh noted.
Justice Jaiteh clarified that even though it has the discretion to grant parole under subsection (3), it cannot override the mandatory conditions set by the legislature in subsection (4).
Doing so, the judge warned, would amount to “judicial legislation” and an “impermissible usurpation” of the legislative branch’s role.
The applications were struck out “without prejudice,” meaning both Muhammed and Ensa Jammeh retained the right to reapply once the Ministry of Justice and relevant authorities establish the necessary operational framework and regulations.
For now, the promise of parole offered by the 2025 Act remains a “legal ghost” existing on paper but impossible to access until the government provides the infrastructure to support it.
