Ousainou and Amie Bojang Appeal Adjourned to June 15; Defence Counsel Directed to File Written Objection

The Court of Appeal has adjourned proceedings in the case of The State v. Ousainou Bojang and Amie Bojang to Monday, 15 June 2026, following a directive by the Presiding Judge, Justice N. Salla-Wadda, for Defence Counsel representing the Second Respondent, L.K. Mboge, to formally file and serve his objections in writing by Tuesday, 9 June 2026.

The matter came before a three-member panel of the Court of Appeal on Monday, 8 June 2026, comprising Justice N. Salla-Wadda (President of the Court of Appeal), Justice B.V.P. Mahoney, and Justice A. Saho-Ceesay. The sitting was initially scheduled for the definitive hearing of the State’s motion seeking leave to regularise its appeal against the acquittal of both respondents by the High Court.

At the commencement of proceedings, Justice Salla-Wadda inquired whether Counsel Mboge had filed an affidavit in opposition to the State’s motion. In response, Counsel Mboge stated that no such affidavit had been filed, contending that the motion was incompetent in the absence of a valid underlying appeal. He further sought leave of the court to advance his objections orally.

The Court indicated that while Counsel Mboge could proceed to outline his objections, such submissions would not be formally recognised unless reduced into writing and properly filed. Counsel Mboge maintained his position that he was entitled to raise objections on the grounds of appeal without filing an affidavit and proceeded to address the court. However, the panel reiterated its position that written submissions were required for the objections to be duly considered.

As Counsel Mboge continued his oral submissions, the Presiding Judge emphasized the necessity of formalising the objections in writing before they could properly form part of the court record.

Consequently, the matter was adjourned to 15 June 2026 for the hearing of the motion.

The appeal stems from the judgment of the High Court delivered on 30 March 2026, in which Justice Jaiteh acquitted and discharged both Ousainou Bojang and Amie Bojang. The State filed its Notice of Appeal on 31 March 2026, followed by an Amended Notice of Appeal on 29 April 2026, raising seventeen grounds challenging the entirety of the High Court’s decision.

The State’s application, brought pursuant to Section 322 of the Criminal Procedure Act 2025, seeks leave to appeal the acquittal, a declaration affirming the competence of the original Notice of Appeal, and a determination that the Amended Notice of Appeal is properly before the court.

Earlier proceedings before a single judge on 20 May 2026 highlighted challenges with the service of court processes. The court noted that the Director of Public Prosecutions had not facilitated proper coordination with the process server to effect personal service on the respondents, while former counsel for the Second Respondent had declined to accept service. The matter was adjourned to 1 June 2026 with instructions for personal service to be effected.

On that date, Counsel M.O. Badjie, holding brief for Counsel J. Darboe and L.K. Mboge, confirmed receipt of the motion on 29 May 2026. He further indicated that the First Respondent had filed an affidavit in opposition and that the Second Respondent had been personally served. The court subsequently adjourned the matter to 8 June 2026 to allow the respondents the requisite time to respond.

The case will resume before the same panel on 15 June 2026.