Justice S. Wadda-Cisse
The High Court in Banjul, presided over by Justice S. Wadda-Cisse, has convicted Assan Badjie for possession of prohibited drugs with intent to traffic. He was sentenced to pay a fine of D250,000 (Two Hundred and Fifty Thousand Dalasis), or serve two years imprisonment with hard labour in default of payment.
Badjie faced two charges under the Drug Control Act: possession of prohibited drugs for trafficking (Section 43(4)(e)) and dealing with prohibited drugs (Section 33(1)(c)).
The conviction arises from an incident on October 13, 2016, when Badjie was intercepted in Brikama along the Talokoto–Busura road in the West Coast Region. He was riding an unregistered motorcycle and was found carrying 28 bundles of cannabis, weighing 24 kilograms. The substance was later confirmed to be cannabis, a prohibited drug.
During the proceedings, the prosecution presented seven witnesses and eight exhibits, including Badjie’s cautionary and voluntary statements, a Weight and Measures Certificate, the seized bundles of cannabis (Exhibits E1–E28), D19,365 in cash (Exhibit F), a black Safari motorcycle (Exhibit G), and an analytical report from the Directorate of National Pharmaceutical Services (Exhibit H).
In his defence, Badjie denied the charges, claiming he had been ambushed by officers while collecting firewood with a friend, Modou Bah, and denied ownership of the motorcycle and cannabis. However, the court noted his failure to produce Bah as a witness weakened his defence.
Justice Wadda-Cisse emphasized that the prosecution must prove its case beyond reasonable doubt, and found that the evidence — particularly the consistent testimonies of the arresting officers and the circumstances of the arrest — sufficiently established Badjie’s possession of the drugs for trafficking.
However, Badjie was acquitted on the second count of dealing in prohibited drugs. The court held that the prosecution failed to prove that he engaged in any activity constituting “dealing” as defined under Section 34(1) of the Act, such as production, importation, exportation, or distribution.
In sentencing, Justice Wadda-Cisse underscored the harmful impact of drug crimes on communities, particularly youth, and their threat to societal peace and stability. Although Badjie had no prior convictions, the court noted he was already on bail for another drug-related case at the time of this offence, warranting a strong sentence to deter similar conduct.
The court also ordered the destruction of the seized cannabis by the Drug Law Enforcement Agency and the forfeiture of the D19,365 found at Badjie’s residence to the state.