In a stunning and highly controversial development that has ignited public outrage and raised serious questions about the rule of law, Ousainou Bojang and his sister Amie Bojang were rearrested by police and returned to Mile 2 Central Prison on Tuesday, barely minutes after being released following their full acquittal by the High Court.
The siblings walked free earlier in the day after Justice Ebrima Jaiteh delivered a landmark judgment on monday acquitting and discharging them of all charges in connection with the fatal shooting of two Police Intervention Unit (PIU) officers at Sukuta Jabang Traffic Lights in September 2023. A third officer was seriously injured in the incident.
Justice Jaiteh ruled that the prosecution failed to prove its case beyond a reasonable doubt, citing inconsistent eyewitness identification, the absence of forensic links tying the accused to the crime scene, and a credible alibi presented by the defense. After nearly three years in detention, the Bojangs were finally cleared.
Defense counsel J. Darboe strongly objected when the state announced its intention to appeal and sought to have the siblings remanded. He argued that once acquitted and discharged, the pair could not be held. Justice Jaiteh sided with the defense and granted bail. Once the bail conditions were met, a formal release order was issued and sent to Mile 2 Central Prison.
Supporters gathered outside the prison to celebrate what they believed was the end of a long legal ordeal. However, celebrations turned to confusion and anger when, upon their emergence, the Bojangs were immediately rearrested. They were first taken to Banjul Police Headquarters for a few hours before being transported back to Mile 2 Central Prison.
No official statement has been released by authorities explaining the fresh arrest, though the move appears linked to the state’s stated intention to appeal the acquittal. Legal observers have described the sequence of events as “highly unusual” and potentially problematic after a complete acquittal and discharge by a superior court.
The case has been under intense public scrutiny since the 2023 shooting. The prosecution had presented 13 witnesses, including a survivor of the attack and an individual who claimed Ousainou Bojang sought spiritual protection and transport to Senegal after the incident. The defense successfully challenged the reliability of much of this testimony.
This latest twist comes amid broader questions about judicial independence and police procedures in high-profile cases in The Gambia. Supporters of the Bojangs have voiced concerns over what they see as an attempt to circumvent the court’s ruling, while calls for transparency from the Attorney General’s Chambers and police authorities are growing.
As of Tuesday evening, the siblings remain in custody at Mile 2, despite the court’s clear order for their release.
