The Gambia's State Law Office has moved swiftly to keep Ousainou Bojang and his sister, Amie Bojang, in detention, barely a day after the High Court acquitted and discharged them of charges stemming from the fatal September 2023 shooting of police officers at Sukuta-Jabang traffic lights.
In an ex parte motion filed on Tuesday, prosecutors asked the High Court to stay its own order granting bail to the siblings, arguing that both pose what they described as an "extreme and imminent risk" if allowed to remain at liberty. At the same time, the State prepares to challenge the acquittal before the Court of Appeal.
The application follows Monday's ruling by Justice Ebrima Jaiteh, who cleared the two after a protracted trial in which the prosecution called 13 witnesses and tendered 33 exhibits in an attempt to prove charges including murder, terrorism and attempted murder. The case centred on the killing of Police Constables Sang J. Gomez and Pateh Jallow, and the shooting of another officer, Ansey Jawo, during an attack that sent shockwaves through the country.
Despite the acquittal, the State now contends that the court's decision to admit the accused to bail on a D50,000 bond each is "grossly inadequate," particularly in light of what it describes as the first accused's "proven propensity for flight." In its supporting affidavit, the prosecution pointed to evidence presented during trial alleging that Ousainou Bojang fled across the border into Senegal shortly after the incident, and that his sister facilitated his escape.
Follow us on WhatsApp | LinkedIn for the latest headlines
The trial record shows that the first accused (Ousainou Bojang) was indeed apprehended in Senegal following a cross-border operation involving Gambian and Senegalese authorities, after an informant reported that he had confessed to the killings. Prosecutors now argue that this history alone justifies his continued detention.
They further alleged that Amie Bojang had admitted to arranging transport for her brother to the border, a claim supported during trial by testimony from a commercial driver who said he transported both siblings toward the frontier.
"The gravity of this matter, involving the deaths of serving police officers, cannot be overstated," the State said in its affidavit. "Public interest and national security dictate that persons accused of terrorism and the murder of security personnel should remain in custody until the legal challenge to their acquittal is addressed."
Under Gambian law, the High Court retains the power to revisit or vary its own orders, but only under narrowly defined conditions established through case law, including lack of jurisdiction, illegality, unconstitutionality, or fraud. It remains unclear which of these grounds the prosecution intends to rely upon in its substantive challenge to the bail.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Under the Gambian legal system, ex parte applications, which are filed without notice to the opposing party, are typically granted only temporarily and must be followed by a full hearing where both sides are present. In this case, the State is seeking an interim order to remand the two at Mile 2 Central Prison pending the hearing of a formal motion on notice.
The timing of the application adds further urgency. With the High Court entering its Easter vacation period, the matter is expected to be heard by the vacation judge, Justice Sidi K. Jobarteh of the Special Criminal Division of the High Court.
The developments mark a turn in a case that has gripped the public since the night of 12 September 2023, when gunfire erupted at the busy Sukuta-Jabang junction. Witnesses, including military personnel who testified during the trial, described a lone gunman opening fire on officers at close range before fleeing the scene.
For many, Monday's acquittal raised difficult questions about the strength of the prosecution's case and the standards of proof required in criminal trials. Tuesday's motion suggests the State is not prepared to let the matter rest.
Whether the court will agree to reverse its own bail order, even temporarily, now becomes the next critical test in a case that continues to test the boundaries between due process, public safety and the administration of justice.
