Bundung High Court: Gambia Unconstitutional Detention Due to Blank Remand Warrant

• The Bundung High Court ruled that Moses Manneh's over one-year detention without trial violated his constitutional rights to liberty and a fair hearing.
• Manneh had been held since February 5, 2025, on a rape charge, with no progress in his case.
• A key factor in the ruling was that Manneh's remand warrant had a blank section for the authorized detention period.
• Justice Isatou Janneh stated that a blank remand warrant cannot authorize indefinite detention and there was no evidence of renewal or indictment.
• The court granted Manneh conditional bail of D500,000 with a Gambian surety and ordered the Attorney General to regularize the prosecution within 30 days or release him.

A remand order lacking a specified period, Justice Janneh reasoned, cannot logically be construed as granting permission for indefinite incarceration.

The Bundung High Court in The Gambia recently declared the prolonged detention of Moses Manneh unconstitutional, citing violations of his fundamental rights to personal liberty and a fair hearing within a reasonable timeframe. Justice Isatou Janneh presided over the case, which centered on Manneh's more than year-long incarceration without trial. Manneh had been held at Mile II Central Prison since February 5, 2025, following his arraignment before the Brusubi Magistrates' Court on a rape charge under section 3 of the Sexual Offences Act, to which he pleaded not guilty.

Evidence presented to the High Court revealed a complete lack of progress in Manneh's case since his initial remand. Manneh himself testified that attempts by a prison paralegal to locate his case file at both the High Court Registry and the Attorney General's Chambers had proven fruitless. Consequently, on June 17, 2026, Manneh initiated legal proceedings by filing an Originating Summons, seeking a judicial declaration that his continued detention was unlawful and an order for his immediate release. The prosecution, represented by Counsel W. Drammeh, chose not to submit an affidavit in opposition, instead opting to contest the application solely through oral arguments.

A critical factor in Justice Janneh's decision was the remand warrant itself. The judge noted with significant concern that the section of the warrant intended to specify the authorized period of Manneh's custody had been left entirely blank. This omission became a cornerstone of the court's finding regarding the unconstitutionality of his ongoing detention, highlighting a significant lapse in adherence to Gambia's remand warrant validity requirements.

Justice Janneh unequivocally accepted Manneh's account of his continuous custody since February 2025 without any meaningful advancement in the prosecution. She emphasized that a remand warrant serves as the indispensable legal authority for restricting an individual's liberty during pre-trial proceedings. As such, it is imperative that such a warrant explicitly delineate the duration of the authorized detention. A remand order lacking a specified period, Justice Janneh reasoned, cannot logically be construed as granting permission for indefinite incarceration.

The court further observed that there was no material evidence to suggest that Manneh had been brought before any court for the renewal of his remand, nor that an indictment had been filed, nor that any other lawful order currently sanctioned his continued imprisonment. This absence of proper authorization underscored the arbitrary nature of his prolonged pre-trial detention in The Gambia. While acknowledging the gravity of the rape allegation against Manneh, Justice Janneh firmly asserted that the seriousness of a criminal charge does not diminish an accused person's constitutional safeguards.

The Bundung High Court detention ruling underscored the judiciary's obligation to balance the public interest in prosecuting serious criminal allegations with the constitutional imperative to shield individuals from arbitrary or unduly extended detention without trial, thereby upholding Moses Manneh's constitutional rights in The Gambia and the broader right to a fair hearing within a reasonable time.

Despite Manneh's request for unconditional release, the court opted for a more proportionate remedy, granting him conditional bail. The terms of his release require Manneh to enter into a recognisance of D500,000 and secure a Gambian surety for the identical amount. This surety must provide an affidavit of means to the satisfaction of the Principal Registrar and deposit a valid national identity card or passport with the Registrar. Additionally, Manneh is mandated to report to the police station nearest his residence every two weeks until further court order, attend all summoned court appearances, and refrain from leaving The Gambia without judicial permission.

Beyond Manneh's immediate situation, the ruling carries significant weight for future cases involving unconstitutional detention arising from blank remand warrants in The Gambia. Justice Janneh issued a directive to the Office of the Attorney General, ordering immediate steps to regularize the prosecution. Crucially, she stipulated that if no information is filed within 30 days from the date of the ruling, Manneh must be released from custody, unless a competent court issues a valid order authorizing his continued detention before that period expires.

This landmark decision by the Bundung High Court establishes a critical precedent, reinforcing the constitutional limits on pre-trial detention and emphasizing the necessity for valid, time-bound remand warrants in The Gambia. It provides a clear pathway for challenging prolonged pre-trial detention, particularly when remand warrants lack specified durations or are not regularly renewed, thereby strengthening the protection of constitutional rights.

This ruling establishes a critical precedent for challenging prolonged pre-trial detention in The Gambia, particularly when remand warrants lack specified durations or are not regularly renewed. Lawyers should immediately review client cases involving indefinite or lengthy detentions to identify grounds for challenging their lawfulness based on constitutional rights to liberty and a fair hearing, and advise clients on the potential for bail applications under similar circumstances.

Source: Original reporting via local Gambian news.