The Kanifing Magistrates’ Court has granted bail to 23 youths previously remanded at Mile 2 Central Prison after reversing an earlier decision to delay its ruling on their bail application.
The presiding magistrate, Thomas Touray, had initially adjourned the matter to September 4, 2025, for a bail ruling, keeping the accused in custody. However, following a motion filed by the defence team seeking to advance the ruling, the court reconvened on August 27, 2025, and delivered its decision in favour of the accused.
The 23 youths are facing a single charge of participating in a procession without a license, as per Section 5(5) of the Public Offences Act, contrary to the Inspector General of Police’s regulations. All pleaded not guilty upon their arraignment on August 25, 2025.
The defence counsel—comprising Lamin J. Darboe, J. Jobarteh, K. Jallow, Assan Martin, E. Saho, and F. Bondi—argued that justice would best be served by bringing forward the ruling. Counsel J. Jobarteh, supported by an 11-paragraph affidavit sworn by Kemeseng “Kexx” Sanneh of Gambians Against Looted Assets (GALA), stressed that some of the accused suffer from health complications and that prison conditions could worsen their situation. Counsel K. Jallow further reminded the court that the youths had been in custody since August 22.
The prosecution, led by Commissioner Manga, did not object to the bail application, confirming that the Office of the Inspector General of Police was not opposed to the accused being released on bail.
In his ruling, Magistrate Touray reaffirmed that the charge was bailable and emphasized that the law presumes the accused innocent until proven guilty, citing Section 24(3)(a) of the 1997 Constitution and Section 144(2) of the Evidence Act. He highlighted factors the court considered, including the seriousness of the offence, possible interference with investigations, and the general safety of the accused.
The court consequently granted bail to each of the 23 accused on the following conditions:
- Bail in the sum of D50,000 or one Gambian surety of the same amount;
- Sureties to swear to an affidavit of means and deposit a valid Gambian biometric ID with the court registrar;
- Accused to enter into a self-recognizance bond to maintain peace and good behaviour throughout the trial.
Magistrate Touray warned that failure to comply with these conditions would result in the revocation of bail.