By: Sainabou Sambou
The High Court has granted bail to ex-Lands Minister Sheriff Abba Sanyang and six co-accused in a high-profile case involving alleged fraud and abuse of office over forfeited Yahya Jammeh land at Kassa Kunda.
Justice Ebrima Jaiteh set bail at D1 million for Sanyang and D2.2 million each for the remaining six defendants, who face charges including criminal trespass and obtaining goods by false pretence totaling D13.1 million.
All the accused pleaded not guilty. They must provide Gambian sureties with landed property valued at or above the bail sums and appear at all trial dates. The case continues in April 2026.
Presiding over the matter in the Criminal Division, Hon. Justice Ebrima Jaiteh ruled that all seven defendants—Sheriff Abba Sanyang (1st accused), Cherno Serending Sabally (2nd), Kalilu Sanyang (3rd), Bakary Gomez (4th), Bakary Sanneh (5th), Lamin Sabally (6th), and Malang Jarju (7th)—are entitled to bail, affirming that the offences are bailable and that detention pending trial remains the exception under Gambian law.
Sanyang, who served as Lands Minister in 2022, faces two personal counts: abuse of office contrary to section 90(1) and giving false information to a public officer under section 114. Prosecutors allege he arbitrarily approved the retention of 40% of forfeited land at Kassa Kunda to purported customary landowners and falsely represented this approval to authorities, including the local Alkalo, as lawful.
The remaining six accused face multiple counts of criminal trespass (section 285A) in counts three through six, and obtaining goods by false pretence (section 288) in counts seven through nine. The prosecution claims portions of the land were illegally sold to companies for a total of D13,100,000—D12 million (count seven), D800,000 (count eight), and D300,000 (count nine).
All defendants pleaded not guilty when arraigned. State Counsel S. L. Jobarteh initially sought remand in custody to prepare witnesses, but later indicated the prosecution did not oppose bail, requesting only reasonable conditions to secure attendance at trial.
Defense counsel mounted strong arguments for release. K. Sanyang, representing the former minister, emphasized the bailable nature of the offences and noted the Criminal Code’s repeal by the Criminal Offences Act, 2025—though he suggested charges might need reframing under the new law. Counsel Lamin J. Darbo, appearing for the 2nd to 7th accused, firmly rejected retrospective application of the 2025 Act, arguing that offences allegedly committed in 2022 must be prosecuted under the law then in force. He urged proportionate bail terms and cautioned against imposing cumulative financial burdens for the alleged D13.1 million fraud.
Justice Jaiteh upheld the principle that bail is the default under section 19 of the 1997 Constitution, which safeguards personal liberty and the presumption of innocence. He dismissed any retrospective application of the Criminal Offences Act, 2025, citing the core criminal law tenet that statutes do not apply backward unless expressly stated, to avoid violating legality and natural justice.
On the condition that the judge tailored the terms to the charges’ gravity. For Sanyang, whose offences carry a maximum of three years’ imprisonment or a fine, bail was set at D1,000,000, with one Gambian surety owning landed property valued at or above that sum by a government or certified valuer, subject to the High Court Registrar’s approval.
For the six co-accused, linked to the fraudulent sales totaling D13,100,000, Justice Jaiteh accepted Darbo’s proportionality argument. Dividing the sum among them (D13,100,000 ÷ 6 ≈ D2,183,333.33), he rounded to D2,200,000 per person, each with one qualifying Gambian surety owning equivalent or greater property value.
Additional uniform conditions require all accused to appear at every court sitting until final determination, remain on police bail until Thursday, March 12, 2026, to perfect the conditions, and face immediate remand if the conditions are not met.
The case stands adjourned to April 20 (11 a.m.), April 21 (12 noon), and April 27 (11 a.m.), 2026, for the first prosecution witness’s evidence-in-chief.
