Kanifing Court Sentences Repeat Offender to Six Years for Pipeline Housebreaking

A magistrate’s court on Tuesday sentenced Momodou Bah to six years in prison for breaking into a home in Pipeline and stealing property valued at more than D63,000, citing his two previous convictions for similar offenses as a significant aggravating factor.

Principal Magistrate Isatou Sallah-M’bai handed down the sentence on Sept. 29, 2026, after Bah pleaded guilty to housebreaking and theft under the Criminal Offences Act, 2025.

Bah was charged with housebreaking, contrary to Section 256(b) of the Act, and theft, punishable under Section 226. He pleaded guilty to both counts. After the facts of the case were read and explained to him, Bah admitted them without qualification and was convicted on his own plea.

According to prosecutors, the incident occurred on Sept. 8, when the complainant, Emmanuel Tobi, left his Pipeline home for work but returned after realizing that he had forgotten one of his mobile phones.

When he returned, Mr. Tobi found his house open. Upon entering, he discovered Bah inside holding two of his tablets. Mr. Tobi raised an alarm, shouting, “Thief! Thief!” Bah attempted to flee but was apprehended by neighbors who responded to the call for help.

Police recovered all the stolen property, including two tablets valued at D42,320, a Tecno mobile phone valued at D15,000 and a calculus phone valued at D6,000. The items had a combined value of D63,320.

Investigators also recovered a black bag from Bah containing a chisel, two pairs of pliers, two screwdrivers, a broken padlock, a black facial hood and a torchlight with a teaser. The bag and its contents were admitted into evidence as Exhibit D series. Bah’s voluntary and cautionary statements were admitted as Exhibits A and B. He did not object to the exhibits.

In mitigation, Bah pleaded for leniency, telling the court that he has two wives and children and that his children were not attending school because of his actions.

Magistrate Sallah-M’bai said she considered Bah’s guilty plea, which spared the court the time and resources of a full trial, as well as the recovery of the stolen property. She treated both as mitigating factors.

But the court also examined Bah’s criminal record after the magistrate asked prosecutors whether he was a first-time offender.

Prosecutors produced records showing that Bah had twice been convicted of similar crimes. In 2011, he was convicted of shopbreaking and stealing and sentenced to three years in prison. In 2022, he was convicted of breaking into a building to commit a felony and stealing and was sentenced to six years.

Although those convictions were recorded under previous legislation, Magistrate Sallah-M’bai found them relevant to the sentencing proceedings, saying the latest offense bore “a striking similarity” to Bah’s earlier crimes. She described his previous convictions as “a significant aggravating circumstance.”

The magistrate also pointed to several other aggravating factors. Bah unlawfully entered a dwelling and was found inside with the homeowner’s property in his possession. Although the offense occurred in broad daylight rather than at night, the court said that did not diminish the seriousness of the intrusion.

The tools, facial hood and torchlight recovered from Bah also demonstrated preparation, concealment and facilitation of the crime, the court found. Bah was caught with the property in his hands and attempted to flee, while the value of the stolen items was substantial.

The magistrate also considered Section 237 of the Criminal Offences Act, 2025, which provides for a seven-year punishment in certain cases where a person convicted of theft under Section 226 has a previous theft conviction.

Because Bah’s earlier convictions were recorded under the former legislation, however, the court said it would not rely solely on Section 237 to enhance his sentence. The previous convictions nevertheless remained highly relevant because they demonstrated repeated offending of a similar nature.

Magistrate Sallah-M’bai said she was particularly concerned that Bah had previously served prison terms of three and six years but had again committed a similar offense.

Those sentences, she said, “do not appear to have deterred him from further offending.”

The court therefore placed significant weight on deterrence while also recognizing the possibility of rehabilitation.

Magistrate Sallah-M’bai said she had considered imposing a noncustodial sentence but concluded that such a punishment would not adequately reflect the seriousness of the offense or meet the objectives of deterrence and protecting the community.

Bah was sentenced to six years in prison on the housebreaking charge and five years on the theft charge. The sentences will run concurrently, giving him an effective prison term of six years.

The court also ordered that the housebreaking implements admitted as Exhibit D series be forfeited to the state. All recovered property was ordered returned immediately to Mr. Tobi.

Cadet Inspector L. Mendy represented the Inspector General of Police, while Bah represented himself.