High Court of the Gambia
The High Court of The Gambia on Monday delivered a split ruling on a travel application filed by three individuals currently facing charges before the court, granting two of the accused temporary access to their passports while denying the request of the principal defendant.
Justice Ebrima Jaiteh, presiding over the case, ruled that the first accused, Paulo Djabi, would not be permitted to travel outside the country while awaiting judgment in his ongoing trial. The court determined that granting Mr. Djabi’s request posed a potential flight risk and could undermine the integrity of the judicial process.
The motion, filed on June 4, 2025, by defense attorney Sheriff M. Tambadou, sought temporary access to the passports of all three accused — Mr. Djabi, Nadine Ismael De Gouveira Pereira, and Mamadu Neto Djabi — and permission for them to travel abroad during the court’s summer recess from August 1 to September 30, 2025.
The prosecution, represented by State Counsel M. Singhateh, opposed the application solely with respect to Mr. Djabi, citing the seriousness of the charges against him and the pending judgment in his trial. Counsel Singhateh argued that releasing Mr. Djabi’s passport at this juncture would be premature and potentially jeopardize his continued presence in the jurisdiction.
The State raised no objections to the travel requests of the second and third accused, Ms. Pereira and Mr. Neto Djabi.
During the hearing, Mr. Tambadou acknowledged the State’s concerns regarding Mr. Djabi but urged the court to favorably consider the applications of Ms. Pereira and Mr. Neto Djabi, who are not currently standing trial.
In his ruling, Justice Jaiteh emphasized that the court’s primary obligation was to safeguard the administration of justice. “To allow the first accused to travel at this delicate stage, when judgment is pending, would compromise the integrity of the trial and present a substantial risk of absconding,” he said.
The court, therefore, denied Mr. Djabi’s application but found the requests of Ms. Pereira and Mr. Neto Djabi to be “meritorious.” Justice Jaiteh noted that neither individual is presently subject to trial proceedings or imminent judgment, and the court found no credible risk that either would flee the jurisdiction.
Under the court’s order, Ms. Pereira and Mr. Neto Djabi are granted temporary access to their passports, currently held by the court registry, and are authorized to travel abroad between August 1 and September 30. They are required to return their passports to the Principal Registrar of the High Court no later than October 1, 2025.
The ruling draws a clear distinction between the rights of accused persons not actively on trial and those whose cases remain before the court, underscoring the judiciary’s cautious approach in balancing individual liberties with the demands of justice.