Hon. Justice Sidi K. Jobarteh of the Special Criminal Division of The Gambia's High Court has issued a one-month ultimatum to the Attorney General's Chambers: indict Bubacarr Sidih Kanteh, a Guinean national accused of rape, or his release from custody.

Kanteh was arrested in October 2024 at Nema Kunku in the West Coast Region on suspicion of raping a minor. Since then, he has remained at Mile Two Central Prison for nearly two years without trial.

On 1 July 2026, Kanteh filed an application before Justice Jobarteh challenging his prolonged detention, arguing that his constitutional rights to liberty and fair trial had been violated. He asked the Court to declare his detention unlawful and order his immediate release. Alternatively, he requested bail on recognisance, conditional upon his appearance before any court should charges be filed.

Kanteh's application was supported by a 17-paragraph affidavit sworn to by him. The State did not file any affidavit in opposition. At the hearing, State Counsel A. Drammeh openly conceded that the prosecution did not oppose bail and urged the Court to admit Kanteh to bail under appropriate conditions pending the filing of an indictment.

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Justice Jobarteh observed that the facts presented by the applicant -- his detention for one year and eight months without trial -- were unchallenged. "It is settled law that facts contained in an affidavit which are neither controverted nor challenged by a counter-affidavit are deemed admitted and may properly be acted upon by the Court," she said.

The judge cited Section 123 of the Criminal Procedure Act, which grants discretionary power to admit to bail any person arrested or accused where justice requires. She also referred to Section 125 of the Act, which allows bail even in serious offences where undue delay in investigation or prosecution exceeds one year. Section 19 of the 1997 Constitution, which guarantees the right to personal liberty, was also invoked.

Applying these principles, Justice Jobarteh noted that Kanteh had been held for approximately 20 months without indictment. "The State has offered no explanation by affidavit for this prolonged delay. On the contrary, learned State Counsel candidly conceded that the bail application is not opposed and invited the Court to grant bail pending the filing of an indictment," she said.

She added that the concession was significant, demonstrating that the prosecution itself did not perceive Kanteh's release on bail as posing an unacceptable risk to the administration of justice.

Court Orders Bail

Justice Jobarteh ruled that continued detention could not be justified. "The interests of justice are best served by admitting him to bail on conditions sufficient to secure his attendance whenever required," she declared.

She ordered that Kanteh be admitted to bail in the sum of D500,000, with one Gambian surety of the same amount. The surety must provide an affidavit of means and deposit a valid Gambian National Identity Card with the Principal Registrar of the High Court.

The Registrar was directed to verify and approve the recognisance before Kanteh's release. Importantly, Justice Jobarteh ruled that the bail conditions would lapse after one month if the State failed to file an indictment, in which case Kanteh would be discharged.

"These conditions shall elapse after one month from the date of this Order and the Applicant shall be discharged of the conditions if the prosecution does not file an indictment against him after one month. There shall be no further orders," she concluded.