Justice S.K. Jobarteh of the High Court has set aside the conviction and sentence of Lamin Sanneh, citing a “grave procedural irregularity” that violated the appellant’s constitutional right to a fair hearing. In a judgment delivered on Wednesday, 1st April 2026, Justice Jobarteh ruled that the initial trial at the Kanifing Magistrates’ Court was a nullity.
The appeal followed a 2025 judgment where the Kanifing Magistrates’ Court found Lamin Sanneh guilty of rape and indecent assault. The lower court had previously imposed the following sentence
Count One (Rape), Six years imprisonment with hard labour, Count Two (Indecent Assault): One year imprisonment with hard labour. Also, a fine of D25,000 (two years imprisonment in default) and D100,000 in compensation to the victim (another two years imprisonment in default).
Justice Jobarteh’s decision centred on the mishandling of a voir dire—a “trial-within-a-trial” intended solely to determine the admissibility of the defendant’s cautionary statement.
According to court records, after a new Magistrate assumed conduct of the case in March 2025, the court foreclosed the prosecution from cross-examination due to their absence. However, the Magistrate then proceeded to foreclose the entire matter and adjourned for judgment before Sanneh had even begun his defence in the voir dire, let alone the main trial.
Despite being informed by counsel on 8th May 2025 that the defendant had not yet given his defence, the trial Magistrate insisted on delivering a final judgment that same day, convicting and sentencing Lamin Sanneh immediately.
Justice Jobarteh emphasised that a voir dire is a separate, ancillary proceeding. By evaluating all evidence and entering a final judgment without completing the substantive trial, the lower court committed a fundamental breach of criminal procedure.
“The denial of the right to present a defence is a denial of justice itself,” Justice Jobarteh stated, noting that the right to a fair hearing is a cornerstone of the 1997 Constitution.
Justice Jobarteh highlighted several failures in the Magistrate court’s decision that the appellant was foreclosed from giving evidence in his own defence, the Magistrate failed to distinguish between the limited scope of the admissibility hearing and the full scope of the criminal trial and the proceedings constituted a direct violation of Section 24 of the 1997 Constitution of fair hearing.
While the State conceded that procedural errors occurred, they argued against an outright acquittal. Justice Jobarteh agreed that given the “heinous” nature of the charges, justice must be a “three-way traffic” serving the accused, the victim, and society.
In her final determination, Justice Jobarteh set aside the conviction and declared that the initial sentence and conviction are overturned, the matter is remitted to the Kanifing Magistrates’ Court for retrial before a different Magistrate and Lamin Sanneh was granted bail in the sum of D100,000 with one Gambian surety.
Justice Jobarteh further noted that if the State or the Inspector General of Police fails to proceed with the retrial within one month of the bail being granted, the bail conditions will be discharged.
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