By John Jammeh

Yamowa of the High Court in Banjul today informed the Gambian state to either file fresh charges against the US based Gambian Journalist Fatou Jaw Manneh or set her free. The presiding judge never minces her feelings about the way the Gambian state handles the said case. The judge informed a packed court room in Banjul that she was at loss as to what was before her desk, as the said case had suffered unnecessary foot dragging on the site of the prosecution. " Why is she in the dock?" Judge Yamoawa asked the state prosecutor.

The judge lambasted the prosecution for its lack of foresight and willingness to purse the said case delegently. According to Justice Yamoawa what she have in front of her at this moment was that the accused Fatou Jaw Manneh at present is under no jurisdiction for the charges against her. Yamoawa therefore urges the state prosecutor to write fresh complaints because what she have before her is no complaint or charges.

Justice Mamoawa then said Magistrate Mbutto should have discharged the accused rather than "filing it to appropriate courts" which appropriately will mean starting all over again, which the prosecution does not want to hear. She ordered the state prosecutor to ask for continuation of bail from kanifing, unless they intend to re-arrest the US based Journalist because in her own words “as the case stands their is no charges against her when the Banjul magistrate ordered the matter out.” The judge maintains that their was charges brought against Fatou Jaw Manneh based on the court information before her.

The state prosecutor has filed an appeal at the High Court against the Banjul magistrates
ruling that she lacks jurisdiction to hear the matter. The prosecution so far had not presented no compelling evidence that should make the High Court to believe its story on the issue of jurisdiction. It instead kept on applying for adjournments in past proceedings.

Meanwhile, the defense lawyer for Fatou Jaw Manneh, Lamin Jobarteh said he has no objection for the continuation and extension of her client’s bail. Lawyer Jobarteh said if the a new court hears the matter he can if he wants to bring back all the states witnesses to be re-examined. He said since the beginning of the hearing at the Kanifing courts he made it clear that no court has jurisdiction to hear these charges hence whatever was committed was done in the United states but was overruled over and over by Magistrate Buba Jawo at Kanifing. The next hearing is slated for November 28th.

Fatou Jaw Manneh’s sedition trial has been dragging for the past seven months. The case was first heard by Magistrate Jawo of Kanifing and later transferred to the Banjul Magistrates Court. For some reasons, the Magistrate in Banjul also referred the case to Brikama, who in turn rejected the case file on the grounds of jurisdiction. The presiding magistrate in Brikama said he lacks jurisdiction to hear the matter and consequently dismissed the case.

Journalist Fatou Jaw Manneh left Washington DC at the beginning of the year to pay tribute to his demise father. As soon as she landed at the Banjul International Airport, she was accosted by officials of the National Intelligence Agency. She was later taken to the NIA Head Quarters in Banjul, where she spent about one week in custody. Throughout her detention, Fatou maintains her innocence. She said she does not see anything wrong for her to exercise her fundamental right to free speech. Her perceived crime was speaking out against the President. Fatou had earlier described President Jammeh as a bundle of terror, who was hell bent on causing mayhem and untold suffering to the oppressed Gambians.

The NIA also interviewed her about her association with the Freedom Newspaper and the Save The Gambia Democracy Project. Their intention was for Fatou to feed them with information pertaining the Freedom Newspaper and Save The Gambia Democracy Project. But the Journalist refuses to entertain any information to that direction.

The slow pace of Fatou’s trial had hindered her ability to comeback to the US and complete her Masters Degree Program. Her job is also put on the line due to the delay on her trial. A caring mother and political activist, Fatou Jaw Manneh is known be an outspoken critic of President Jammeh and his Government.

Observers here believe that the Government’s intention was to waste Fatou’s time in The Gambia. “ They have no case against Fatou. All they are interested in is to waste her time and later withdraw the charges. This case is not gong anywhere. It’s the joke of the century. I can bet that this woman would work out of court scot free. All the judges are angry about the way the Government is handling the case.” said an observer.