By Sainabou Sambou
Justice Ebrima Jaiteh on Monday accepted a nolle prosequi filed by the Director of Public Prosecutions, bringing an abrupt end to an eight-year rape trial against Nabieu Lukay Deen without a verdict.
The High Court case, pending since 2018, concluded after the State formally discontinued proceedings before judgment could be delivered. The decision followed a nolle prosequi filed by the DPP under Section 74 of the Criminal Procedure Act, 2025.
When the matter was called, State Counsel M. Sarr informed the court that DPP A.M. Yusuf had filed the notice dated 21 July 2026. The document stated: “In exercise of the powers vested upon me under Section 74 of the Criminal Procedure Act of 2025, I, Abdurrahman Maitama Yusuf, Director of Public Prosecutions, hereby inform this Honorable Court that the State intends that the proceedings against the accused person shall not continue.” Defense counsel K. Sanyang did not object.
Justice Jaiteh recalled that Deen was arraigned on an information filed by State Counsel E.R. Dougan on 9 April 2018. He faced a single count of rape contrary to Section 3 and punishable under Section 4 of the Sexual Offenses Act, 2013. Prosecutors alleged that in August 2017 at Tallinding in the Kanifing Municipality, the accused unlawfully had carnal knowledge of a young girl without her consent.
Deen pleaded not guilty. The prosecution called two witnesses before closing its case. The accused testified in his defense and called two further witnesses. The matter was then adjourned for judgment.
Before that judgment could be delivered, the DPP entered the nolle prosequi. Justice Jaiteh noted that Section 74 empowers the DPP to discontinue criminal proceedings at any stage before verdict or judgment. Once the constitutionally authorized officer files a valid notice, the court has no discretion; its role is limited to confirming procedural compliance.
Although defense consent was not required, counsel’s lack of opposition confirmed there were no procedural issues. The judge stressed that a nolle prosequi does not constitute an acquittal on the merits. It is a formal discontinuance that results in the accused being discharged rather than acquitted.
The court accepted the nolle prosequi, discontinued the proceedings against Nabieu Lukay Deen, and discharged him in accordance with Section 74 of the Criminal Procedure Act, 2025.
