By: Sainabou Sambou
In a firm application of the law aimed at protecting vulnerable children, the High Court in Banjul on Monday, February 23, 2026, sentenced 64-year-old Senegalese national Momodou Yerro Baldeh to life imprisonment after convicting him of raping a seven-year-old girl.
Justice Ebrima Jaiteh delivered the judgment, finding Baldeh guilty on a single count of rape under Section 3(1)(a) of the Sexual Offences Act, 2013. The offense occurred on or about October 10, 2023, at London Corner in the Kanifing Municipality, where the accused allegedly inserted his fingers into the victim’s vagina.
The case, prosecuted vigorously, highlighted the severe trauma inflicted on the young victim. The prosecution presented six witnesses whose testimonies built a compelling and disturbing account of the assault.
The victim’s grandmother, testifying as PW2 Oumie Bah, recounted discovering blood on the child’s pink underwear (admitted as Exhibit P2) while bathing her the following morning, October 11, 2023. When questioned, the girl confided that “the old man” had inserted his fingers into her private parts and offered her five dalasi to stay silent.
The child, referred to as PW4 (identity withheld), provided direct evidence after Justice Jaiteh satisfied himself that she comprehended the duty to tell the truth. She recited Surah Al-Fatiha from the Quran before being sworn in. In clear, poignant testimony, she described how Baldeh pulled her aside, promised her five dalasi, inserted his finger into her vagina, and warned her not to tell anyone.
Corroboration came from the victim’s 10-year-old sister, PW5 Maimuna Jallow, who witnessed Baldeh sending the girl on an errand before pulling her into his room and locking the door.
Medical testimony from Dr. Ismaila Touray of Bundung Maternal and Child Health Hospital, who examined the child on October 12, 2023, confirmed bloodstaining on her undergarment, localized redness, and a partial one-centimeter disruption of the hymenal ring—findings consistent with blunt mechanical trauma.
Baldeh, who had resided in The Gambia for only two months before the incident, denied the charges in his defense. He alleged that the grandmother had made unwanted sexual advances toward him, which he rejected, and suggested the accusations stemmed from a rent dispute and his refusal.
Two character witnesses, Basiru Baldeh and Makeue Baldeh, described the accused as a truthful and pious Muslim known to them for years, though neither could confirm his whereabouts on the day in question.
In a detailed judgment, Justice Jaiteh addressed the defense’s attempts to discredit the child witness. Although she briefly admitted under cross-examination to being coached by her grandmother, she reaffirmed her account during re-examination, providing specific details of the act and identifying the accused.
The court emphasized that the child was properly sworn on the Quran, demonstrated understanding of truth and falsehood, and gave credible, consistent testimony. Justice Jaiteh ruled that mere allegations of bias or motive were insufficient to override such a clear account from a young witness.
Turning to sentencing, defense counsel A. Jarju made an emotional plea for mercy, breaking down in tears as he described Baldeh as a 64-year-old first-time offender, a foreign national, and the primary provider for three wives, nine children, and multiple grandchildren in Senegal. The accused sat quietly in the dock, visibly emotional and fidgeting.
Justice Jaiteh, however, applied the mandatory provisions of the Sexual Offences Act. Section 4(1)(a)(iii) prescribes life imprisonment where the complainant is under 13 years old or exceptionally vulnerable due to age. The seven-year-old victim fell squarely within this protected category.
The judge highlighted aggravating factors: the victim’s extreme youth, the resulting physical and psychological harm, the accused’s attempt to bribe her into silence with money, and the breach of trust in what appeared to be a domestic or community setting.
“Age cannot serve as a shield for one who preys upon a child,” Justice Jaiteh declared. “The protection of minors is a paramount societal and constitutional imperative. No offender, regardless of age, nationality, or status, should expect leniency when found guilty of such offences.”
Baldeh was sentenced to life imprisonment and advised of his right to appeal within 30 days.
The ruling underscores The Gambia’s commitment to combating child sexual abuse under the 2013 Sexual Offences Act, which imposes severe penalties for offenses against particularly vulnerable victims. The case has drawn attention to the need for continued vigilance in protecting children from predators, regardless of the perpetrator’s circumstances.
