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The Court of Appeal has adjourned the State’s motion seeking leave to appeal the acquittal of Ousainou Bojang and Amie Bojang for a definite hearing, after defence counsel confirmed receipt of the motion and indicated that an affidavit in opposition had been filed.
The appeal arises from a judgment delivered on the 30th of March 2026 by Justice Ebrima Jaiteh of the High Court, in which both Ousainou Bojang and Amie Bojang were acquitted and discharged.
The State, through the Attorney General’s Chambers, filed a Notice of Appeal on the 31st of March 2026, the day after the verdict and subsequently filed an amended Notice of Appeal on the 29th of April 2026.
The Motion on Notice, brought pursuant to Section 322 of the Criminal Procedure Act, 2025, seeks four orders from the Court of Appeal: leave to appeal the acquittal; a declaration that the original Notice of Appeal was validly and competently filed; leave to amend that notice; and a declaration that the amended notice filed on the 29th of April 2026 is properly before the court.
An affidavit in support was deposed to by Kaddijatou A. Bah, a Legal Clerk at the Attorney General’s Chambers and Ministry of Justice, who swore that the State ought to have sought leave of the Court of Appeal before filing its Notice of Appeal, but that the Appeal court retains the power to regularise the filing. She further deposed that granting the application would occasion no prejudice to the respondents.
The State’s motion was first listed before a single Judge Justice N. Salla-Wadda (PCA) on the 20th of May 2026. Only the DPP A.M. Yusuf appeared, as the respondents were absent.
The court noted that the DPP’s office had not provided a pointer to the court’s process server to enable proper service on the respondents. The court further observed that while service on the First Respondent’s counsel had been effected, the former counsel for the Second Respondent had declined to accept service.
The court accordingly directed the Learned Director of Public Prosecutions to collaborate with the court’s process server to effect personal service on both respondents, and adjourned the matter to Monday, the 1st of June 2026, for the hearing of the motion.
The matter returned today, 1st of June 2026, before a three-member panel of the Court of Appeal, comprising the Presiding Justice N. Salla-Wadda (PCA), Justice B.V.P. Mahoney (JCA), and Justice A. Saho-Ceesay (JCA).
Director of Public Prosecutions A. M. Yusuf appeared alongside F. Touray for the State. B. M.O. Badjie, holding brief for Counsel J. Darboe and L.K. Mboge, appeared alongside J. Jeng for the respondents (Ousainou and Amie Bojang).
Opening proceedings, Justice Salla-Wadda noted that the State had filed a motion on notice and inquired whether respondents’ counsel had received it. Counsel B. M.O. Badjie confirmed that they had received the motion on the 29th of May and that an affidavit in opposition had since been filed.
He further indicated that Counsel L.K. Mboge had informed him that the process was served directly on his client, Amie Bojang, and that she had been instructed to furnish him with a copy.
Having heard from both sides, the presiding Judge Justice N. Salla-Wadda noted that the respondents were served on the 29th of May 2026 and were therefore entitled to two clear days to respond. She adjourned the matter to Monday for a definite hearing of the motion.
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