The Court of Appeal has adjourned the case of The State v. Ousainou Bojang and Amie Bojang to Monday, the 15th of June 2026, after Presiding Justice N. Salla-Wadda directed Defence Counsel for the Second Respondent, L.K. Mboge, to file his objections formally and serve all parties on or before Tuesday, the 9th of June 2026.
The matter came before the Appeal Court today, Monday, the 8th of June 2026, presided by a three-panel of judges, Justice N. Salla-Wadda (PCA), Justice B.V.P. Mahoney (JCA), and Justice A. Saho-Ceesay (JCA), in what was to be the definitive hearing of the State’s motion seeking leave to regularise its appeal against the acquittal of Ousainou and Amie Bojang, both by Justice Jaiteh of the High Court.
At the start of proceedings today, Justice Salla-Wadda inquired of Counsel Mboge whether he had filed an affidavit in opposition to the State’s motion. Counsel Mboge indicated he had not, arguing that a motion cannot stand when the underlying appeal is not competent. He then requested the court’s leave to present his objections verbally.
The presiding justice indicated that while Counsel Mboge could proceed with his objections, they would not be recorded until submitted in writing. Counsel Mboge nonetheless maintained his position that he could proceed with objections on the grounds of appeal without filing an affidavit in opposition, and sought to press on verbally. The Appeal court allowed him to proceed, but reiterated that a written affidavit remained a requirement.
As Mboge continued to make his objections before the bench, Justice Salla-Wadda maintained the court’s firm position that the objections needed to be reduced to writing before they could be properly before the court.
The matter was adjourned to Monday, the 15th of June 2026, for the hearing of the motion.
Background of the Appeal
The appeal arises from the judgment of Justice Jaiteh of the High Court delivered on the 30th of March 2026, acquitting and discharging both Ousainou Bojang and Amie Bojang. The State filed its original Notice of Appeal the following day, on the 31st of March 2026, and subsequently filed an Amended Notice of Appeal on the 29th of April 2026, carrying seventeen grounds challenging the whole of Justice Jaiteh’s judgment.
The State’s motion, brought pursuant to Section 322 of the Criminal Procedure Act 2025, seeks, among other things, leave to appeal the acquittal, a declaration that the original Notice of Appeal was competently filed, and a declaration that the Amended Notice of Appeal is properly before the court.
When the motion first came before a single Justice, Justice Sallah Wadda on the 20th of May 2026, Justice Sallah Wadda noted that the DPP’s office had not provided a pointer to the court’s process server to enable personal service on the respondents, and that the former counsel for the Second Respondent had declined to accept service. The panel directed the DPP to collaborate with the process server to effect personal service on both respondents and adjourned to the 1st of June 2026.
On that date, Counsel for the First Respondent, M.O. Badjie, holding brief for Counsel J. Darboe and L.K. Mboge, confirmed that the motion had been received on the 29th of May and that an affidavit in opposition had been filed on behalf of the First Respondent, and that the Second Respondent had been served personally. The court noted that the respondents were entitled to two clear days to respond following service on the 29th of May and adjourned the matter to Monday, the 8th of June 2026, for a definite hearing.
The matter will now proceed before the same panel of Justice N. Salla-Wadda (PCA), Justice B.V.P. Mahoney (JCA), and Justice A. Saho-Ceesay (JCA) on the 15th of June 2026.
