A Kanifing magistrate has granted bail to Abdul Wahab Jobarteh, the boy accused of driving off with a police sergeant lying on the bonnet of his vehicle after delivering a detailed ruling that firmly rejected the prosecution’s objection and affirmed that the law does not permit detention on speculation alone.
Abdul Wahab Jobarteh, who had earlier been granted bail at the Banjul Magistrates’ Court on four counts, including attempted murder, was brought before Magistrate A. Manneh at the Kanifing Magistrates’ Court after the Banjul magistrate and charged with three fresh traffic-related offences under the Motor Traffic Act.
Assistant Commissioner M. Manga appeared alongside Sergeant 3217 E. Camara for the Inspector General of Police, while Counsel A. Sillah again represented the accused. Abdul Wahab Jobarteh chose to follow proceedings in the Wolof language.
The first count charged Abdul Wahab Jobarteh with Reckless or Dangerous Driving, contrary to Section 49(1) of the Motor Traffic Act, Cap 70:03, Volume 10, 2009. The prosecution alleged that on 5th June 2026, at Kanifing and in diverse places within the court’s jurisdiction, he drove a Mercedes-Benz C-Class with registration number BJL 6726 J in a manner dangerous to the public.
The second count of Unlicensed Driving, contrary to Section 36 of the same Act, alleged that Jobarteh drove the same vehicle without a valid driver’s licence on the same date.
The third count of Careless Driving, contrary to Section 51 of the Act, alleged that he drove the vehicle on the highway without due care and attention and without reasonable consideration for other road users.
All three counts were read to Jobarteh in English by the court clerk and interpreted in Wolof. He pleaded not guilty to all counts
Following the entry of the not guilty plea, AC Manga applied for an adjournment to call prosecution witnesses. After that application was heard, Counsel Sillah rose to apply for bail on behalf of the accused.
AC Manga then objected to the bail application. He told the court that police investigators were still actively working on the matters arising from the alleged incident, and on that basis urged the court to exercise its discretion and deny bail.
Counsel Sillah argued that the law was firmly on the side of the accused in the application. He submitted that even under Section 125 of the Criminal Procedure Act, bail is available in capital offence matters, and the charges now before the court were plainly not capital offences, making the case for bail even clearer.
Counsel Sillah relied on Section 19 of the 1997 Constitution, which guarantees every person the right to liberty and security, and Section 24, which enshrines the presumption of innocence, affirming that every person charged with a criminal offence must be treated as innocent until proven guilty according to law.
He informed the court that responsible sureties were willing and able to stand for Abdul Wahab Jobarteh’s bail, and urged the court to grant bail on reasonable terms and conditions.
Magistrate Manneh delivered a thorough ruling that went well beyond simply deciding the bail question, laying out the legal principles governing pre-trial detention with some clarity.
Magistrate A. Manneh confirmed that Section 123 of the Criminal Procedure Act, 2025 establishes a general entitlement to bail, and that the mandatory language of the provision reflects the constitutional value placed on personal liberty. Detention before conviction, she stated, is not to be treated as the norm but as an exception justified only by circumstances recognised by law.
Magistrate Manneh grounded her position in the Constitution, noting that Section 19 protects individual liberty while Section 24 guarantees the presumption of innocence for every person charged with a criminal offence.
Turning to the prosecution’s objection, Magistrate Manneh acknowledged that Section 126 empowers the court to refuse bail where there are reasonable grounds to believe an accused may commit another offence, evade trial, interfere with witnesses or investigations, destroy evidence, or otherwise undermine the administration of justice. But she stressed that the phrase “reasonable grounds to believe” sets an objective standard, one that requires facts or circumstances, not mere suspicion, speculation or apprehension.
Assistant commissioner Manga had anchored its opposition on the argument that investigations remained incomplete because the alleged incident occurred on a Friday falling and an investigation wouldn’t proceed. Magistrate Manneh was influenced. She held that the mere fact of ongoing investigations does not automatically justify denial of bail; if it did, every accused person would remain in custody whenever investigations were incomplete, a position she described as plainly inconsistent with both the Constitution and Section 123 of the Act.
Magistrate Manneh noted that the prosecution had placed no material evidence before the court indicating that Abdul Wahabu Jobarteh had attempted or was likely to interfere with witnesses, conceal evidence, obstruct investigators or otherwise frustrate the process.
“No facts had been advanced bringing him within the grounds prescribed under Section 126,” Magistrate Manneh stated.
On the nature of the charges, Magistrate Manneh acknowledged that reckless driving, unlicensed driving and careless driving are offences the law regards seriously in the interest of public safety, but she was clear that seriousness alone is not among the statutory grounds for refusing bail, and that the court must be guided strictly by the criteria Parliament has prescribed.
Finding no reasonable ground to believe that Abdul Wahabu Jobarteh would commit another offence, evade trial, interfere with witnesses, prejudice investigations or undermine justice if released, the magistrate dismissed the prosecution’s objection and granted bail.
Abdul Wahab Jobarteh was granted a bail in the sum of D100,000, with three responsible Gambian sureties in the same amount, each to be screened and approved by the Registrar of the court.
He was directed not to interfere directly or indirectly with any prosecution witness, and to attend court on every adjourned date until the matter is finally determined. Magistrate Manneh warned that failure to comply with any condition would render the bail liable to revocation, and noted that both parties reserve the right to appeal the ruling.
The case was adjourned to Wednesday, 1st July, at 10:30am for the hearing of prosecution witnesses.
Despite being granted bail, Abdul Wahab Jobarteh was transferred to Mile 2 Central Prison after the Kanifing court closed for the day, before his bail conditions could be fulfilled. He will remain there pending the meeting of his bail requirements.
