Justice Isatou Janneh of the Bundung High Court has ruled that the continued detention of Moses Manneh for more than a year without trial violated his constitutional rights to personal liberty and to a fair hearing within a reasonable time.
Manneh has been in custody since 5 February 2025, when he was arraigned before the Brusubi Magistrates' Court on a rape charge under section 3 of the Sexual Offences Act. He pleaded not guilty and was subsequently remanded at Mile II Central Prison.
According to evidence before the High Court, the case had not progressed since his remand. Manneh told the court that efforts by a prison paralegal to trace his case file at the High Court Registry and the Attorney General's Chambers had been unsuccessful.
He subsequently filed an Originating Summons on 17 June 2026, seeking a declaration that his continued detention was unlawful and an order for his immediate release. The prosecution, represented by Counsel W. Drammeh, did not file an affidavit in opposition but opposed the application through oral submissions.
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Justice Janneh accepted Manneh's evidence that he had remained in custody since 5 February 2025 without meaningful progress in the prosecution of the case.
The judge expressed particular concern over the remand warrant presented before the court. She noted that the section of the warrant indicating the period for which Manneh was authorised to remain in custody had been left blank.
Justice Janneh said a remand warrant constitutes the legal authority for restricting an accused person's liberty pending further judicial proceedings and must clearly specify the period of authorised detention.
A remand order that does not specify the duration of custody, she said, cannot reasonably be interpreted as authorising indefinite detention.
"There is no material before this Court demonstrating that the Applicant has since been brought before any court for the renewal of his remand, that an indictment has been filed, or that any lawful order presently authorises his continued incarceration," the court found.
Justice Janneh acknowledged the seriousness of the rape allegation against Manneh but stressed that the gravity of a criminal charge cannot extinguish an accused person's constitutional protections.
The court said it was required to balance the public interest in ensuring that serious criminal allegations were prosecuted with the constitutional obligation to protect individuals from arbitrary or prolonged detention without trial.
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Although Manneh had sought unconditional release, the court declined to grant that relief.
Instead, Justice Janneh admitted him to bail, holding that conditional release was a more proportionate remedy in the circumstances. Under the bail conditions, Manneh must enter into a recognisance of D500,000 and provide a Gambian surety in the same amount.
The surety must swear an affidavit of means to the satisfaction of the Principal Registrar and deposit a valid national identity card or passport with the Registrar.
Manneh must also report to the police station nearest to his residence every two weeks until further order of the court. He is required to attend court whenever summoned and must not leave The Gambia without the permission of the court.
Justice Janneh further ordered the Office of the Attorney General to take immediate steps to regularise the prosecution. She directed that if no information is filed within 30 days from the date of the ruling, Manneh must be released from custody unless, before the expiry of that period, his continued detention is authorised by a valid order of a competent court.
The court concluded that compliance with the bail conditions should result in Manneh's immediate release unless he is otherwise lawfully detained. The ruling concerns the legality and duration of Manneh's detention and does not determine the rape allegation against him. Manneh has pleaded not guilty and remains presumed innocent unless and until proven guilty in accordance with the law.
