Justice Basiru V.P Mahoney of the High Court found Sanna Fadera, the first accused, guilty of committing treason. Justice Mahoney Judged that the evidence presented demonstrated that Sanna Fadera had prepared and attempted to overthrow the government of the Gambia through unlawful means.
During the plea of mitigation before the judgment was delivered, defense Counsel L.S. Camara appealed to the court on behalf of Sanna Fadera, requesting that the court not impose the death penalty on his client.
Counsel Camara argued that a lesser penalty should be considered due to factors such as Sanna Fadera being a first-time offender, his youthful age, his profession as a Lab scientist, and his service in the Army for 12 years.
On the other hand, state counsel A.M. Yusuf appreciated the verdict delivered by Justice Mahoney but was quick to inform the court of their intention to appeal against the acquittal and discharge of the second, third, and fifth accused individuals.
The state counsel also requested the court to order the remand of the discharged persons pending the hearing and determination of the appeal at the High Court. The state counsel argued that despite the absence of loss of life, the punishment for treason is capital punishment, and a severe sentence would serve as a deterrent against future attempted coups.
Counsel Camara opposed the application for the remand of the three people who had already been acquitted and discharged by the court. He asserted that there was no change in circumstances that warranted their confinement, as they should be able to enjoy their freedom granted by the court.
In the final ruling, Justice Mahoney invoked section 29 of the Criminal Code and sentenced Lance Corporal Fadera to 12 years in prison for the offense of treason. As for the second, third, and fifth accused persons, they were granted bail in the amount of D100,000 each, with one Gambian surety pending the appeal of the state.
To summarize, Sanna Fadera was found guilty of treason, while Gibril Darboe, Ebrima Sannoh, and Fa Bakary Jawara were acquitted and discharged of the charges.
