The Banjul Magistrates' Court presided over by Magistrate Lamin Mbaye, yesterday adjourned the criminal trial involving the state against Njogu Bah, the erstwhile secretary general and head of Civil Service, who is also the ex-minister of presidential Affairs, Lamin AMS Jobarteh, the former attorney general and minister of Justice and Pa Harry Jammeh, the former solicitor general and Legal secretary.

The court's decision for adjournment came when the police prosecution led by chief inspector Badjie made an application for the case to be transfered to the High Court.

This was however objected to by the defence counsel for the first accused person, Edward Singhatey, who is also holding brief for Lamin S Camara and Ebrima Jah, both defence counsels for the second and third accused persons respectively. Lawyer Singhatey told the court that the second and third accused persons were not in court and that the case cannot proceed in their absence. In response, the police prosecutor stated that the first and second accused persons are on bail.

When the first accused person (Njogu Bah) was asked by the presiding magistrate whether he has fulfilled his bail condition; he said: "I have fulfilled the bail condition but I was escorted to the NIA Office on the day I was given bail."

Lawyer Singhatey further argued that his client is still under custody despite fulfilling his bail condition stating that the accused person has the right to enjoy his liberty and that the prosecution needs to respect the order of the court.

The presiding magistrate stated that having fulfilled the requirement of the bail condition with the registry, he strongly advised the Office of the NIA to comply with the order of the court and allow the accused to proceed on the bail unless otherwise or new charges are level against him.

The presiding magistrate however disclosed that it is important to note that the Office of the NIA has the power to hold the accused, if they feel that their investigation is still on going. Magistrate Mbaye then stated it is the fundamental rights of the accused persons as guaranteed under the constitution to have a fair and speedy trial before any court of law.

The case was then adjourned to the 12th August 2013.