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Gambia: Appeal Court Rejects DPP's Appeal
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The Daily Observer (Banjul)
18 July 2008
Posted to the web 18 July 2008
Sanna Jawara
The Gambia Court of Appeal, yesterday, struck out the stay-of-proceeding appeal in the Carnegie Minerals case filed by the director of Public Prosecution (DPP), Emmanuel Fagbenle, against a ruling by the High Court.
This ruling was delivered by a panel of three judges, led by Justice Akomaye Agim, the president of The Gambia's Court of Appeal. Other judges on the panel are Justice Ota and Justice Wowo.
In his ruling, Justice Agim stated that it is a fundamental requirement that justice be done within a reasonable time, backing his position with an array of celebrated legal and authoritatively decided cases, both in The Gambia and Nigeria.
"What right or interest does the application of the appellant seek to protect? There is no doubt that if the trial proceedings continue, the 1st respondent (Carnegie Minerals company) would have been served. Continuation of the trial proceedings will help justice delivery," he said.
Agim went further to say that there is no reason why the stay-of-proceedings appeal should be granted, adding that it is for this reason that the application is dismissed.
This ruling was also adopted by Justice Ota, who said that the application cannot be sustained, describing it as an unnecessary delay of trial proceedings at the High Court; a method of frustrating justice delivery.
According to Justice Ota, anything that frustrates speedy dispensation of justice cannot be sustained. She therefore adopted the ruling on the grounds advanced by Justice Agim.
Justice Wowo also joined his colleagues in upholding the ruling, on similar grounds.
Reacting to the ruling, defense counsel, Lawyer CE Mene, urged the appeal court to award a cost of D25,000 to his client, Andrew Charles Northfield, the second accused, who is the general manager of Carnegie Minerals Company.
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Meanwhile, DPP Fagbenle urged the court to disregard the issue of awarding cost to the defendant, saying there is a pending appeal suit at the Court of Appeal, which is yet to be determined.
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