By: Alieu Ceesay
Kanifing Magistrate Court, presided over by Magistrate Isatou Sillah Mbye, has fixed 18th June 2026 for the delivery of its ruling on a “no case to answer” submission filed by members of Gambia Against Looted Assets (GALA).
The three GALA activists — Mr. Kemo Fatty, Mr. Alieu Bah, and Mr. Omar Saiboi Camara — are standing trial on three counts of unlawful assembly each. The charges stem from protests linked to the removal of former Auditor General Mr. Modou Ceesay, who is separately seeking a Supreme Court order for his reinstatement and compensation from the central government.
Defense counsel Lamin LS Camara, representing the accused, formally moved the application, arguing that the prosecution failed to establish a prima facie case against his clients.
“There is no evidence from the entire cross-examination to support count one,” LS told the court. He maintained that the prosecution did not adduce sufficient evidence to prove the essential elements of the offenses. After carefully analyzing the testimonies of all prosecution witnesses, the defense counsel urged the court to uphold the submission and acquit and discharge the three men.
“I respectfully urge the Honorable Court to uphold the no case to answer submission and to acquit and discharge the accused persons on the grounds of the evidence presented,” he added.
In a reply, the police prosecution team, led by Commissioner Sanneh, opposed the application, describing it as premature.
“The position of the prosecution is for the court to disregard the no case submission by the defense because a prima facie case has been established by the prosecution, and the accused has a case to answer,” Commissioner Sanneh submitted.
He invited the court to invoke relevant provisions of the Constitution, Sections 62 and 63 of the relevant statutes, and the Public Order Act. The lead prosecutor argued that the evidence led so far sufficiently established the elements of unlawful assembly and demonstrated the accused’s intention to stage a protest, thereby requiring them to open their defense.
The legal arguments triggered lively exchanges between both sides, with the courtroom atmosphere growing tense at times as the teams clashed over the interpretation of witness testimonies and applicable laws.
Magistrate Isatou Sillah Mbye has now adjourned proceedings to 18th June 2026, when she is expected to deliver a ruling on whether the accused has a case to answer or should be discharged at this stage.
The outcome of the ruling will determine whether the trial proceeds to the defense phase or ends early. The case continues to draw public interest, given its connection to broader issues of governance, accountability, and the right to peaceful assembly in The Gambia.
