Court Rejects Bail for Alleged Rapist, Grants Co-Accused D100,000 Bail

Lady Justice at Banjul High Court © Askanwi Media

By Fatoumata Konteh

The Kanifing Magistrates’ Court has refused bail to accused rapist Saikou Sowe Sidibeh and ordered him remanded at Mile Two Prison. However, the court granted bail to his co-accused, Jawara, in the sum of D100,000 with two responsible adults as sureties in connection with an alleged rape case involving an underage girl.

The two accused persons appeared before Magistrate F.J. Camara on 3rd September 2026 and were jointly charged with conspiracy to commit a felony, while each faced a separate count of rape.

According to the charge sheets, the alleged offences occurred in July 2026 within the Kanifing Municipality. Count One alleges that Jawara and Sidibeh conspired to commit a felony involving rape, contrary to Section 341 of the Criminal Offences Act 2025.

The section provides that a person who conspires with another to commit a felony, or to do an act which would constitute a felony if committed in The Gambia, commits an offence punishable by up to seven years’ imprisonment, or by the punishment prescribed for the felony in question where that punishment is less than seven years.

Jawara, the first accused, faces a second count of rape under Section 3(2)(d), punishable under Section 4(1)(a)(i) of the Sexual Offences Act 2013. The prosecution alleges that Jawara unlawfully had sexual intercourse with an underage girl on 18th July 2026 within the Kanifing Municipality.

Sidibeh, the second accused, faces a third count of rape under the same provisions. The prosecution alleges that he unlawfully had sexual intercourse with the same underage girl on or about 19th July 2026 within the Kanifing Municipality.

Both accused persons pleaded not guilty to the conspiracy charge. Jawara also pleaded not guilty to the rape charge against him, while Sidibeh denied the rape allegation contained in Count Three.

During the proceedings, Prosecutor Cherno Baba Jallow applied for an adjournment to enable the prosecution to secure its first witness.

The prosecution did not object to bail for Jawara but strongly opposed bail for Sidibeh.

“We have no objection to the bail of the first accused. However, we have a very strong objection to the bail of the second accused,” Prosecutor Jallow told the court.

The prosecutor argued that the case involved a serious allegation of rape and noted that the offence could attract a maximum sentence of 10 years upon conviction.

He further argued that Sidibeh posed a flight risk, citing an earlier incident in which the accused allegedly left the court premises and was later rearrested.

“The second accused, there is evidence that if he is granted bail he will not appear in this matter again,” Prosecutor Jallow said, adding that Sidibeh had previously absconded while the court was trying to secure an interpreter.

The prosecution also informed the court that the alleged victim was still receiving medical support at the Victim Centre due to the seriousness of the alleged incident.

In response, Sidibeh told the court that he had left the previous proceedings because he was unwell and needed to take his medication.

“I was sick, and I have not been eating in prison while I am a [generic] patient. During the last court, I saw everyone go out. I also went out because I saw people going out, so I decided to go home and take medication,” he told the court.

Sidibeh maintained his innocence, saying he had not committed any crime and was the person who reported the matter to the police.

He also appealed for bail, telling the court that he is married with two children and responsible for supporting his family.

He complained about his conditions at Mile Two Prison, saying he was struggling there and wanted to be released on bail.

After considering the submissions, Magistrate F.J. Camara granted Jawara bail in the sum of D100,000, with two responsible adults holding valid identification cards as sureties.

However, the court refused bail to Sidibeh and ordered that he be remanded at Mile Two Prison.

The case was adjourned to 1st October 2026 for further proceedings.