Magistrate Rejects Bid to Drop Charges Against Jobarteh, Orders Trial to Proceed

Magistrate Krubally has refused a prosecution application to withdraw all four criminal charges against Abdul Wahab Jobarteh, ordering the case to proceed to trial with the prosecution required to present its evidence.

In a pointed ruling, the magistrate accused the prosecution of selectively and incompletely invoking the law, saying its conduct fell short of the honesty expected of prosecuting officers. He faulted the prosecution, led by Assistant Commissioner of Police Manga, for failing to cite instructions from the Attorney General — a requirement he said is a statutory prerequisite under Section 78(1) of the Criminal Offences Act 2025 for withdrawing charges before a subordinate court.

The prosecution had relied on Sections 78(1) and 78(2)(a) to justify the withdrawal, citing ongoing investigations that could lead to more serious charges. But Magistrate Krubally noted that Section 78(1) requires either the court’s consent or the Attorney General’s instructions — neither of which the prosecution referenced. He said the omission was “not only deliberate but fortuitous,” adding that the prosecution had presented only the part of the law that suited its case.

On the argument that more serious charges might follow, the magistrate pointed to Section 218 of the Act, which already allows courts to amend or add charges if trial evidence reveals further offences. He said the prosecution remains free to pursue additional charges at any time without withdrawing the current case, and that the standard procedure would be to bring new charges before the court and seek leave to add them.

The magistrate reaffirmed that Jobarteh, who pleaded not guilty at his arraignment on 8 June 2026, is presumed innocent until proven guilty on all four counts: attempted murder, reckless and rash driving, disobedience to lawful orders, and common assault. He also delivered a broader message to the prosecution, stating that the court was “not a playing ground but a place for serious judicial business” and stressing the public’s expectation of finality in litigation. He declined to let the case be withdrawn “on mere technicalities.”

The case has been adjourned to Thursday, 30 July 2026, at 12:00 pm, when the prosecution will begin presenting its witnesses.

The charges stem from an incident on 5 June 2026 on Hegan Street, Banjul, in which Jobarteh allegedly attempted to kill Sergeant 4485 Alagie Badjie by driving off with the sergeant lying on the vehicle’s bonnet. He is also accused of refusing to hand over vehicle particulars and of injuring the sergeant’s hand with the windscreen.

Jobarteh was arraigned on 8 June 2026 and granted bail. On 16 June, when the case resumed for evidence, the prosecution instead sought to withdraw all charges, citing an ongoing investigation. Defence Counsel Adama Sillah opposed the move, arguing it amounted to forum shopping — noting that Jobarteh had also been brought before the Kanifing Magistrates’ Court on separate traffic charges shortly after his Banjul arraignment. Sillah further argued that withdrawal would leave his client in indefinite police custody without guarantee of fresh charges, violating his right to liberty under Section 19 of the 1997 Constitution.

Having reserved judgment, Magistrate Krubally has now ruled against the withdrawal, allowing the case to proceed to trial.