By Mamadou Dem Mr. Sait Matty Jaw, an administrative Assistant at the University of The Gambia (UTG), together with Seth Yaw Kandeh and Olufemi Erinle Titus, Ghanaian and Nigerian nationals, respectively, were yesterday, Wednesday, 10 December, 2014 arraigned and remanded by Magistrate Samsideen Conteh of Banjul Magistrates’ Court.The trio is charged with “conspiracy to commit misdemeanour, failure to register a business and two counts of Disobedience of Statutory Duty, contrary to the laws of The Gambia. According to the particulars of offence on count one, Sait Matty Jaw, Seth Yaw Kandeh and Olufemi Erinle Titus, sometimes in the month of October, 2014 at diverse places in The Gambia, conspired amongst themselves to commit an offence to wit: operating and carrying on a business without registration and thereby committed an offence. The second count states that the accused persons sometimes in the month of October, 2014 engaged and carried on the business of collation of data for a Ghanaian Company, FACTS International Ghana Limited, without registering same as required by law and thereby committed an offence. On the third count, it is alleged that the accused persons sometimes in the same month and year, in willful disobedience of the Statistics Act undertook the collation of data on matters specified in the First Scheduled of the Act for a Ghanaian Company FACTS International Ghana Limited without authorization from the Gambia Bureau of Statistics and thereby committed an offence. The fourth and last count states that the same accused persons in October 2014, in willful disobedience of the Single Windows Business Registration Act, 2013, engaged and carried on the business of collation of data for a Ghanaian Company without registering same and thereby committed an offence. All the accused persons pleaded not guilty as charged and were remanded in prison custody. Prior to remanding the accused persons, Segga Gaye, attorney for the accused persons, applied for bail pursuant to Section 19 of the 1997 Constitution and Section 99 of the Criminal Procedure Code. Lawyer Gaye submitted that the offences preferred on the accused persons are bailable, adding that bail is at the discretion of the court but he urged the court to exercise it judicially and judiciously and in favour of the accused persons. State counsel Abdourahman Bah said “We are not opposing bail. The first accused person is on police bail.” The state counsel told the Court the 2nd and 3rd accused persons are Ghanaian and Nigerian nationals, respectively, and therefore urged that the c bail condition for them to be such that they do not flee the jurisdiction. He said the essence of bail is for the accused persons to present themselves to the court and face trial on the charges preferred against them. He also submitted that bail is at the discretion of the court but should be exercise judicially and judiciously. At this juncture, the trial magistrate adjourned the case to 24th December 2014 for ruling on the bail application and consequently ordered the accused to be remanded.]]>
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