The Court of Appeal has adjourned the state’s motion seeking to appeal the acquittal of Ousainou Bojang and Amie Bojang. This significant procedural step reflects the ongoing legal efforts by the state to challenge the High Court's earlier decision. The adjournment occurred as the court addressed the state's bid to overturn the siblings' earlier acquittal. The matter has been rescheduled for Monday, when the court expects to hold a definite hearing on the motion, aiming to bring clarity to the procedural aspects of the state's appeal.
Procedural Developments in Court
The Court of Appeal hearing involved a three-member panel comprising President of the Court of Appeal Justice NaCeesay Salla-Wadd, Justice Bassirou Mahoney, and Justice Aminata Saho-Ceesay. This panel presided over the day's proceedings, meticulously examining the submissions from both legal teams. Director of Public Prosecutions AM Yusuf and F Touray represented the state during the proceedings, presenting arguments in support of their motion. On the other side, BMO Badjie appeared for the respondents, holding brief for Counsel Lamin J Darboe and Lamin K Mboge, alongside J Jeng, forming a strong defense team for the Bojang siblings.
During the session, Counsel Badjie informed the court that the motion had been received on May 29, 2026, and an affidavit in opposition had subsequently been filed, outlining the respondents' position against the state's application. Justice Salla-Wadda, noting the timeline, stated that the respondents were served on May 29 and were therefore entitled to two clear days to formulate and file their response. This adherence to procedural rules showed the court's commitment to ensuring all parties have adequate time to prepare. The matter was initially listed before Justice Salla-Wadda on May 20, 2026, but faced an adjournment at that time due to unresolved concerns regarding proper service on the respondents. This earlier delay noted the court's emphasis on due process and proper notification for all involved parties.
State's Appeal Grounds
The Attorney General’s Chambers initiated the appeal process by filing a Notice of Appeal on March 31, 2026, just one day after the High Court's judgment. This was followed by an amended Notice of Appeal submitted on April 29, 2026, indicating a refinement of the state's arguments and grounds for appeal. The state's motion to the Court of Appeal seeks several actions, as outlined under Section 322 of the Criminal Procedure Act, 2025. Specifically, it requests leave to appeal the acquittal of Ousainou Bojang and Amie Bojang, a key step required before the substantive appeal can proceed. Additionally, the motion asks the court to declare the initial notice of appeal valid, grant permission to amend it, and formally accept the amended notice as properly filed before the court, thereby solidifying the procedural foundation for their challenge.
Background of Acquittal
The state's current legal efforts aim to challenge the judgment rendered by Justice Ebrima Jaiteh of the High Court. Justice Jaiteh's ruling, delivered on March 30, 2026, resulted in the acquittal and discharge of Ousainou Bojang and Amie Bojang. This High Court decision is the subject of the state's appeal process, which has led to the recent adjournment at the Court of Appeal. The state’s determination to pursue this appeal shows the gravity of the case and its implications. The outcome of the upcoming hearing on Monday will be key in determining whether the state's appeal against the acquittal of the Bojang siblings will be allowed to proceed to a full hearing before the Court of Appeal.
