Bai Ousman Secka and Mahamadou Batata S Juwara, former permanent secretary and senior official of the Department of State for Foreign Affairs, were charged with six counts of criminal offences before the presiding magistrate Mboto of Banjul Magistrates Court.

Bai Ousman Secka, accused number one is facing five counts while Mahamadou Batata S Juwara is facing six counts. The counts ranged from felony contrary to Section 368 of the Criminal Code, making false document without authority contrary to Section 332 (a) of the criminal code, falsifying document contrary to Section 332 (b) of the Criminal Code, abuse of office contrary to Section 90 of the Criminal Code Cap 10 Vol. III Laws of The Gambia.

The particulars of offence on count one stated that, Bai Ousman Secka and Mahamadou Batata S Juwara some time in 2007, while employed in the civil service of the government of The Gambia at the Department of State for Foreign Affairs in Banjul and other places in The Gambia, you conspired together to commit a felony to with, procuring visa with false information and thereby committed an offence.

On count two, the particulars of offence stated that, Bai Ousman Secka and Mahamadou Batata S Juwara on or about the 23th day of August 2007 at the Department of State for Foreign Affairs in the city of Banjul, in the Republic of The Gambia, with intent to deceive, you made a note verbal addressed to the American Embassy for the issue of American visa to Ms Isatou Njie on the ground that she is scheduled to attend the United Nations General Assembly in New York scheduled for September 2007 which information you knew to be false and thereby committed an offence.

Count three, the particulars of offence stated that, Bai Ousman Secka and Mahamadou Batata Juwara on or about 23 day of August 2007 at the Department of State for Foreign Affairs in the city of Banjul, in the Republic of The Gambia, with intent to deceive, you made a note verbal addressed to the American Embassy for the issue of American visa to Ebou Manneh on the ground that he has been officially posted to the Gambia High Commission in New York which information you knew to be false and thereby committed an offence.

Count four, particulars of offence stated that, Mahamadou Batata S Juwara while employed in the civil service of the government of The Gambia at the Department of State for Foreign Affairs in Banjul, Republic of The Gambia, you sometimes in 2007 with intent to deceive, knowingly presented a false note verbal dated 23rd August 2007 to the American Embassy knowing the same to be false and thereby committed an offence.

Count five, particulars of offence stated that Bai Ousman Secka and Mahamadou Batata S Juwara sometimes in the year 2007, while employed in the civil service of the government of The Gambia at the Department of State for Foreign Affairs in Banjul, Republic of The Gambia you procured American visa for Ms Isatou Njie in abuse of your office and thereby committed an offence and count six, stated that, Bai Ousman Secka and Mahamadou Batata S Juwara sometimes in the year 2007, whilst employed in the public service of The Gambia at the Department of State for Foreign Affairs, you procured American visa for Ebou Manneh in abuse of your office and thereby committed an offence.

However, the team of defence counsel Mr Borry Touray, counsel for the second accused Mahamadou Batata S Juwara, Hawa Ceesay-Sabally and Amie Joof-Conteh, counsel for the first accused Bai Ousman Secka, objected to count one of the offence as a none existing count which is not applicable to the accused persons. They backup their submissions with different sections in both Criminal Procedure Code (CPC), Criminal

Code and other legal authorities, especially Section 368 of the Criminal Code, noting that, count one did not have the consent or fiat of the Attorney General (AG) and therefore it cannot be proceed against the accused persons.

The presiding magistrate, Mboto of Banjul Magistrates Court ruled that the court has the jurisdiction to entertain the count and therefore upheld the submission of the prosecution. The case is adjourned to Match 18 for continuation.