Gambian Court Orders Partial Release of Frozen Funds to Defendant in Money Laundering Case

The High Court of The Gambia, presided over by Justice Ebrima Jaiteh, has ordered the release of an additional 25% of funds previously restrained under a money laundering investigation to the first accused, Paulo Djabi. The order allows Mr. Djabi limited access to the funds to cover reasonable living expenses and legal defence costs, in accordance with Section 51 of the Anti-Money Laundering and Combating of Terrorist Financing Act, 2012.

Mr. Djabi, along with co-accused Nadine Ismael De Goubela Pereira and Mamadou Neto Djabi, is facing multiple charges related to money laundering. The funds in question were placed under the custody of the Sheriff of the High Court and/or the Drug Law Enforcement Agency (DLEAG) following a restraining order issued on October 31, 2023.

On June 4, 2025, Mr. Djabi’s legal counsel, Mr. S. M. Tambadou, filed a motion seeking access to 50% of the restrained assets. In his submission, Mr. Tambadou argued that his client, who has been prohibited from leaving The Gambia since the onset of proceedings, is unable to earn an income and is struggling to meet substantial financial obligations. These include supporting his wife, two children (one studying in Lisbon, Portugal), two orphaned nephews in Dakar, Senegal, his elderly mother, and extended family members.

Counsel Tambadou also presented invoices covering tuition fees, property management, and legal costs, asserting that the requested funds are necessary for Mr. Djabi to meet his domestic responsibilities and secure proper legal representation. He further noted that a prior application resulted in the release of 25% of the funds and that no new objections had been raised by the State in response to the current motion.

Representing the State, Counsel M. Singhateh opposed the application, referencing Sections 51(6)(a) and (b) of the Act. Singhateh argued that the requested release of 50% could jeopardize the integrity of the restraining order, as the funds form part of the prosecution’s evidential base. She maintained that the initial 25% allocation was sufficient to cover reasonable living expenses and that further disbursement could undermine the public interest.

In his ruling, Justice Jaiteh reaffirmed the court’s discretionary authority under the Anti-Money Laundering Act to permit the release of restrained assets for living and legal expenses, without being bound to any specific percentage. He found Mr. Djabi’s financial circumstances compelling and his supporting documentation credible.

Justice Jaiteh also observed that the charges primarily relate to property rather than the specific cash amounts sought, and the State had failed to establish how the release would impede the prosecution or any eventual confiscation order.

Referencing Section 24(3)(a) of the 1997 Constitution, which upholds the presumption of innocence, the judge emphasized that it would be unjust to financially incapacitate an individual who has not been convicted of any offense. Nevertheless, he also acknowledged the need to protect assets potentially tied to criminal activity.

While rejecting the request for a 50% release as disproportionate, Justice Jaiteh found that an additional 25% disbursement struck a fair balance between the accused’s constitutional rights and the public interest.

Accordingly, the court ordered the Sheriff of The Gambia and/or DLEAG to release an additional 25% of the restrained funds to Mr. Paulo Djabi, to be used exclusively for reasonable living expenses and the costs associated with defending the ongoing criminal proceedings.