FATOU Jaw Manneh, a Gambian journalist based in the USA has pleaded not guilty to three charges preferred against her when she appeared at the Kanifing Magistrates Court for the second time on Wednesday 4 April 2007. Journalist Manneh faces three charges.

Count One alleges that she acted with seditious intention contrary to section 52(1)(a) of the Criminal Code. Count Two states: publication of seditious words, contrary to section 52(1)(c) of the Criminal Code. Count Three states: publication of false news with intent to cause fear and alarm to The Gambian public, contrary to section 59(1) of the Criminal Code.

The particulars of offence indicate that "Fatou Jaw Manneh, between January and March 2007, with seditious intention, granted an interview contained in a publication dated 23 October 2005, consisting of the following words, to which is included, "Betrayal", Jammeh is tearing our beloved country into shreds, he debunked our hopes and became a thorn into every issue that is related to progress in The Gambia, be it social, political and economic. Worst of all, he is a bundle of terror. There is need to speak out . If you look around The Gambia, particularly at the condition people live in, you will see what I mean, that Gambians are desperately in need of an alternative to this egoistic frustrated imam of APRC. Jammeh is full of energy but very negative energy and he totally lacks direction, what he needs is to come clear to The Gambian people and say that he has failed us all miserably, that he will be doing everything to revitalize his promises to The Gambian people, excuse his ten years in office, rather than forcing us to like him or forcing us to recognise the developments that do not exist."

Jurisdiction of the Court Questioned

Defence counsel, Lamin S. Jobarteh, raised objection, pointing out that the court has no jurisdiction to hear the case due to the fact that offences were committed outside the perimeters of The Gambian territory. Jobarteh submitted that the charge sheet did not include anywhere in The Gambia where the said offences are said to be committed. He argued that the charge sheet indicates "between January and March 2007" and that of "23rd October 2005", which clearly indicates that the defendant was in the United States of America. "This court lacks jurisdiction to hear a case which was committed in the USA or outside The Gambia." He concluded that any matter which is committed outside the perimeters of The Gambia could not be heard by court. Citing the law, Counsel Jobarteh argued that offences should be within the local limits of the jurisdiction. He said that there was nothing in the charge sheet to indicate who the publication has been made to.

He also cited section 57 of the CPC to back his claims. Mr. Jobarteh argued it is certain that the act was in the USA during that period. "Therefore, no court, not even the high court or the court of appeal has the power to hear this matter. Under the circumstance and to the fact that the counts are uncertain that she granted an interview to whom, not here, we don't know who to prepare our defence to, we are asking this court to rule that it cannot hear this charges for lack of jurisdiction," he emphasised. The state counsel, NB Jones Nebu, asked the court to give her time to respond to the submissions made by the defence on a later date. Mr. Jobarteh told the court that his client should not even plead to the charges, but that due to the fact that her liberty was at stake he will let her take her plea. He added that under the circumstances of the case, he was applying for the accused person to be bailed in view of two reasons: (1) the counts are a misdemeanour and are bailable. He told the court that they are willing to faithfully adhere to the conditions. There was no objection from the state counsel for the bail application. Magistrate Buba Jawo later granted her bail in the sum of D25,000 with a Gambian surety. The Magistrate ruled that the accused person surrender her travelling documents to the authorities unless they are under the control of the authorities. Jobarteh told the court that the documents are already under the control of the NIA. The case is adjourned till tomorrow, 11 April 2007.

The case was heard in a crowded court room with relatives and friends showing sympathy and solidarity to the accused person. Fatou Jaw Manneh was arrested at the airport upon arrival from USA, on Wednesday 25th March 2007. She spent six days in detention at the NIA, before being granted bail by the court.