Kanifing Court Grants Bail to Bonnet-Ride Accused, Rejecting Police Objection on Legal Grounds

A magistrate at the Kanifing Magistrates’ Court has granted bail to Abdul Wahab Jobarteh, the young man accused of driving off with a police sergeant clinging to the bonnet of his vehicle, after delivering a substantive ruling that rejected the prosecution’s objection and reaffirmed that pre-trial detention cannot be justified by speculation alone.

Jobarteh had previously been granted bail at the Banjul Magistrates’ Court on four counts, including attempted murder. He was subsequently brought before Magistrate A. Manneh at the Kanifing Magistrates’ Court and charged with three additional traffic-related offences under the Motor Traffic Act.

Assistant Commissioner M. Manga appeared alongside Sergeant 3217 E. Camara on behalf of the Inspector General of Police, while Counsel A. Sillah represented the accused. Jobarteh elected to follow proceedings in the Wolof language.

The first count charged Jobarteh with reckless or dangerous driving, contrary to Section 49(1) of the Motor Traffic Act, Cap 70:03, Volume 10, 2009, alleging that on 5th June 2026, at Kanifing and in diverse places within the court’s jurisdiction, he drove a Mercedes-Benz C-Class with registration number BJL 6726 J in a manner dangerous to the public.

The second count alleged unlicensed driving, contrary to Section 36 of the same Act, stating that Jobarteh operated the vehicle without a valid driver’s licence on the same date. The third count alleged careless driving, contrary to Section 51 of the Act, on the basis that he drove on a public highway without due care and attention and without reasonable consideration for other road users.

All three counts were read to Jobarteh in English by the court clerk and interpreted in Wolof. He pleaded not guilty to all charges.

Following the entry of his not guilty plea, the prosecution applied for an adjournment to call witnesses. Counsel Sillah subsequently applied for bail on behalf of the accused, which the prosecution promptly opposed.

AC Manga urged the court to exercise its discretion and deny bail, citing ongoing police investigations into matters arising from the alleged incident as the basis for his objection.

Counsel Sillah countered that the law was firmly on the side of the accused. He submitted that even under Section 125 of the Criminal Procedure Act, bail is available in capital offence matters—making the case for bail in respect of the charges before the court, which were plainly not capital offences, considerably stronger. He relied on Section 19 of the 1997 Constitution, which guarantees every person the right to liberty and security, and Section 24, which enshrines the presumption of innocence. He informed the court that responsible sureties were prepared to stand for Jobarteh and urged that bail be granted on reasonable terms.

Magistrate Manneh delivered a thorough ruling that went beyond the immediate bail question, articulating the legal principles governing pre-trial detention with considerable clarity.

She confirmed that Section 123 of the Criminal Procedure Act, 2025 establishes a general entitlement to bail, and that the mandatory language of the provision reflects the constitutional value placed on personal liberty. Detention before conviction, she stated, is not to be treated as the norm but as a strictly defined exception.

Grounding her position in the Constitution, the magistrate noted that Sections 19 and 24 collectively protect individual liberty and guarantee the presumption of innocence for every person facing criminal charges.

Addressing the prosecution’s objection, Magistrate Manneh acknowledged that Section 126 empowers the court to refuse bail where there are reasonable grounds to believe an accused may commit another offence, evade trial, interfere with witnesses or investigations, destroy evidence, or otherwise undermine the administration of justice. However, she stressed that the phrase “reasonable grounds to believe” sets an objective standard requiring concrete facts and circumstances — not mere suspicion, speculation, or apprehension.

The magistrate found the prosecution’s argument — that investigations remained incomplete because the incident occurred on a Friday — unpersuasive. She held that the fact of ongoing investigations does not in itself justify the denial of bail, noting that to accept such a position would mean that every accused person remains in custody whenever investigations are incomplete, an outcome she described as plainly inconsistent with both the Constitution and Section 123 of the Act.

Magistrate Manneh further noted that the prosecution had placed no material evidence before the court indicating that Jobarteh had attempted or was likely to interfere with witnesses, conceal evidence, obstruct investigators, or frustrate the judicial process.

“No facts had been advanced bringing him within the grounds prescribed under Section 126,” she stated.

While acknowledging that reckless, unlicensed, and careless driving are offences the law regards seriously in the interest of public safety, the magistrate was unequivocal that the seriousness of a charge alone is not among the statutory grounds for refusing bail, and that the court must be guided strictly by the criteria prescribed by Parliament.

Finding no reasonable grounds to conclude that Jobarteh would commit another offence, evade trial, interfere with witnesses, or undermine the course of justice if released, Magistrate Manneh dismissed the prosecution’s objection and granted bail.

Jobarteh was granted bail in the sum of D100,000, with three responsible Gambian sureties in the same amount, each to be screened and approved by the Registrar of the court. He was further directed not to interfere, directly or indirectly, with any prosecution witness and to appear before the court on every adjourned date until the matter is finally determined. The magistrate cautioned that any breach of the bail conditions would render it liable to revocation, and noted that both parties retain the right to appeal the ruling.

The matter was adjourned to Wednesday, 1st July, at 10:30 am for the commencement of prosecution evidence.

Notwithstanding the bail order, Jobarteh was transferred to Mile 2 Central Prison after the Kanifing court closed for the day, as his bail conditions had not yet been fulfilled. He is expected to remain there until the requisite surety arrangements are completed.