By Sainabou Sambou
The Court of Appeal in Banjul has adjourned the State’s appeal against Ousainou Bojang and Amie Bojang to 3 November 2026, after defense counsel L.J. Darboe asked for time to decide whether to adopt a preliminary objection brief filed by Amie Bojang’s former lawyer.
The appeal challenges the High Court judgment of 30 March 2026, in which Justice Ebrima Jaiteh acquitted and discharged the siblings of all charges arising from the fatal shooting of two police officers at the Sukuta–Jabang traffic lights on the night of 12 September 2023. Ousainou Bojang had faced five counts: the murders of Police Constables Sang J. Gomez and Pateh M. Jallow, an act of terrorism, the attempted murder of Police Constable Ansey Jawo, and grievous bodily harm. Amie Bojang was charged as an accessory after the fact to murder for allegedly assisting her brother to flee to Senegal.
In a lengthy judgment, Justice Jaiteh held that the prosecution had failed to prove the case beyond reasonable doubt. He cited the absence of forensic or scientific evidence linking Ousainou Bojang to the crime scene or the recovered firearm, inconsistencies in eyewitness identification, an unchallenged alibi placing the first respondent in Brufut at the time of the incident, and what the judge described as an incomplete and unbalanced investigation. Amie’s charge fell with the principal accused’s acquittal. Dissatisfied with the evaluation of the evidence, the State appealed, seeking to set aside the acquittals and substitute convictions and sentences commensurate with the gravity of the offenses.
When the matter was called before Justices N. Salla-Wadda, B.V.P. Mahoney and A. Saho-Ceesay, State Counsel A. Gibba appeared for the appellant. Darboe announced his appearance for both respondents after L.K. Mboge withdrew, having previously represented Amie Bojang. Justice Salla-Wadda noted that Darboe had not filed a formal notice of representation for Amie Bojang. Darboe apologized for the omission. The court allowed the hearing to proceed in the interest of justice but directed him to regularise his representation without delay.
The panel then addressed a preliminary objection Mboge filed before withdrawing. In the brief, Mboge urged the Court of Appeal to dismiss the State’s appeal as incompetent, arguing that it was filed without the required leave and without attaching a copy of the High Court judgment. State Counsel A. Badjie confirmed that the State had filed a response. Darboe, who was outside the jurisdiction, said he was aware of the predecessor’s brief but needed time to decide whether to adopt it or file a fresh one. The State did not object.
The Court of Appeal adjourned the matter to 3 November 2026 for Darboe to clarify his position on the preliminary objection and to continue the proceedings. The appeal remains a closely watched test of the High Court’s findings in one of the most high-profile police shooting cases in recent Gambian history.
