The Director of Public Prosecutions has discontinued criminal proceedings against Atif Amin at Banjul Magistrate’s Court, with Principal Magistrate M. Krubally granting a Nolle Prosequi application.
The ruling discharges Atif Amin entirely from the criminal case in which he faced seven counts of alleged criminal conduct spanning impersonation, forgery, fraud, and false assumption of authority.
Atif Amin had been charged with presenting himself as a Pakistani diplomat in the country while engaging in representations to multiple Gambian government officials, including representatives of Banjul City Council, the Executive Director of Lands, the Internal Audits department, and Information Technology officials.
The particulars alleged that between 2022 and 2024 at Banjul and diverse places, Amin falsely represented himself as a Pakistani diplomat and chairman of the Pakistani community in The Gambia—claims he knew to be false.
Count 2 accused Atif Amin of using various fraudulent diplomatic number plates (1 AV4 ICD, 1 AV4 2CD, and Pakistan I.C.D) on different motor vehicles while falsely presenting himself as a diplomat.
Count 3 charged forgery contrary to Section 318 of the Criminal Code, alleging Atif Amin fraudulently forged vehicle number plates bearing the same diplomatic designation (1 AV4 ICD, 1 AV4 2CD, and Pakistan I.C.D).
Counts 4 and 5 alleged obtaining money by false pretence under Section 288. Count 4 centred on D100,000 allegedly obtained from one Muhammad Ousman with the pretext of sending funds to Muhammad’s family in Pakistan, funds Atif Amin purportedly never transmitted.
Count 5 alleged D15,000 obtained from Lamin Kinteh under the pretext of developing a website, which Atif Amin allegedly failed to deliver.
Count 6 charged issuing a false cheque contrary to Section 296(b), alleging Atif Amin issued two cheques from Zenith Bank Gambia Ltd. Cheque No. 00302230 to GACH Global Company for D100,000 and Cheque No. 00302219 to Basamba Drammeh for D71,000 without reasonable excuse and knowing or having reason to believe there were insufficient funds.
Count 7 charged false assumption of authority under Section 296(b) of the Criminal Code, alleging Amin falsely assumed diplomatic authority by representing himself to government agencies as Pakistani Ambassador to The Gambia, knowing such assumption was false.
At the commencement of the 21 July 2025 hearing before Principal Magistrate Krubally, Atif Amin appeared unrepresented by counsel and entered not guilty pleas to all seven counts. The magistrate, applying the presumption of innocence, entered not guilty pleas and called on the prosecution to prove guilt.
The prosecution commenced proving the allegations by calling its witnesses. However, the Director of Public Prosecutions, A.M. Yusuf, filed the Nolle Prosequi application, exercised under Section 85(1)(c) of the 1997 Constitution, and Section 74 of the Criminal Procedure Act 2025.
The Nolle Prosequi was filed on 15 July 2025. In his ruling on the Nolle Prosequi, Principal Magistrate Krubally noted the constitutional and statutory framework governing such applications.
He stated “Having gone through the Nolle Prosequi against the Accused herein referred to as Atif Amin pursuant to Section 85 [c] of the 1997 Constitution and Section 74, in particular subsection 3, of the Criminal Procedure Act of 2025 which requires such application to be made in the absence of the Accused, I have no option but to heed to the constitutional demand submitted herein.”
“In the premises, I accordingly grant the prosecution’s application and hereby discharge the Accused herein, Atif Amin.”
The Nolle Prosequi is a prerogative power of the Director of Public Prosecutions to discontinue criminal proceedings, enforceable where the statutory and constitutional conditions are satisfied. Section 74(3) of the Criminal Procedure Act 2025 permits such applications to be made in the absence of the accused, as the law vests the discretion wholly in the prosecutorial authority.
Atif Amin’s discharge on the charges.
