Justice Ebrima Jaiteh of the High Court has ordered the defense counsel for Abdoulie Sanyang to provide a medical certificate issued by a government-qualified medical practitioner before proceeding with his bail application.
Sanyang, who is facing charges of arson—an offense punishable by life imprisonment—and judicial interference, which carries a maximum sentence of three years, applied for bail through his lawyer, Counsel Lamin J. Darboe, on medical grounds.
The bail application was brought pursuant to Sections 19(5) and 24(3)(a) of the 1997 Constitution and Section 125(1)(a) of the Criminal Procedure Act, 2025.
Counsel Darboe requested the court to grant Sanyang unconditional bail or, alternatively, to allow him to travel abroad—specifically to Switzerland—for specialized medical treatment to address what he described as a “severe health condition.” The application was supported by an affidavit sworn by Sanyang’s wife, Isatou Jaiteh.
In his submission, Counsel Darboe argued that Sanyang’s case met the legal threshold of “exceptional circumstances” under Section 125 of the Criminal Procedure Act, which allows bail in serious or capital cases only in rare situations.
He maintained that Sanyang’s deteriorating health constituted such an exception, citing medical evidence allegedly issued by a qualified medical practitioner employed at a government hospital.
The supporting affidavit stated that Sanyang was arrested on August 17, 2025, and has since been in custody. It detailed a medical history including hypertension, post-lumbar sacral surgery, and the presence of metal plates and screws in his body. It further claimed that Sanyang was diagnosed with acute psychosis at the Edward Francis Small Teaching Hospital (EFSTH) psychiatric unit following his detention.
Counsel Darboe referred the court to Exhibit AS3, a medical report purportedly issued by Yusupha Jabang, described as both a “qualified medical practitioner” and the Chief Superintendent of Prisons. The defense argued that the report confirmed Sanyang’s fragile condition and the unsuitability of the Mile 2 Central Prison environment, which it claimed lacks the facilities and special dietary provisions required for his care.
The State Counsel, S. L. Jobarteh, representing the Attorney General’s Chambers, opposed the application. In an affidavit sworn by Kaddijatou Bah, a legal clerk at the Chambers, the state denied the defense’s claims regarding Sanyang’s health and the inadequacy of prison facilities.
Counsel Jobarteh argued that the Mile 2 Prison Clinic is capable of attending to the accused’s medical and dietary needs, including allowing him access to home-cooked food. She also maintained that a diagnosis of psychosis or psychiatric illness does not disqualify Sanyang from standing trial.
Furthermore, Counsel Jobarteh objected to Exhibit AS3, challenging both its admissibility and the credentials of its author. She contended that there was no supporting affidavit establishing Mr. Jabang’s status as a qualified medical officer, and therefore, the report was not properly before the court.
In response to the prosecution’s objection, Counsel Darboe requested an adjournment to enable him to obtain a new medical certificate from a duly qualified medical practitioner employed in a government hospital, in accordance with the procedural requirements set out in Section 125 of the Criminal Procedure Act.
In his ruling, Justice Jaiteh granted the request and ordered that the defense submit the new medical certificate before the court could proceed with the bail hearing.
The matter was adjourned to October 14, 2025, at 1:30 p.m. for continuation.