Murder suspects of 21-year-old Forex Bureau staff freed after months without formal charges
The accused first appeared before the Brusubi Magistrates' Court on 14 January 2026 and were remanded by the said court that same day. The case was subsequently transferred to the High Court for lack of jurisdiction due to the gravity of the offences alleged. The file was thereafter assigned to Hon. Justice Isatou Janneh of the Bundung High Court on 20 January 2026 and it was first mentioned on 5 March 2026. On the said date, 5 March 2026, Hon. Justice Janneh made an order directing the State to file its indictment in the case within 30 days from 5 March 2026. However, the state failed to file an indictment within the stipulated time frame. “The court had taken into consideration the nature of the offence charged which attracts capital punishment if found guilty. However, the accused persons have a constitutionally guaranteed right to presumption of innocence and also to be tried within a reasonable time,” Hon. Justice Janneh said. Hon. Justice Janneh said the interests in the matter, being the interest of the alleged victim's family, the State and that of the accused persons have to be balanced. She said that just because the accused persons were charged with a capital offence did not mean the State should be allowed to dictate the pace of the case. Hon. Janneh further noted that the State had a reasonable time from January, when the matter was transferred to the High Court, to do the needful in the case and ensure that an indictment was filed. “Giving the State additional time when they had failed to abide by the court's order of 5th March 2026 will be against the constitutional provision requiring the matter to be heard within a reasonable time, and this Court cannot lend itself to any infringement of the constitutional rights of the accused persons,” she said. Considering the circumstances, Hon. Justice Janneh referred to the practice direction issued by the Hon. Chief Justice, Hassan B. Jallow in respect of transferred matters from the subordinate court to the High court which requires that if after 60 days of a matter having been transferred to the High court, no indictment is filed, the court may consider releasing the accused persons conditionally or unconditionally. Hon. Justice Janneh said it had obviously been more than 60 days since then and “up to date no information has been filed”. “In view of the foregoing and bearing in mind the nature of offence the accused persons are alleged with, it is the court's view that the proper consideration to do at this stage is to grant the accused persons bail pending when an indictment has been filed by the State rather than discharging them as applied for by defence Counsel,” she said. Hon. Justice Janneh then granted bail to the accused persons in the sum of D1,000,000 (One Million Dalasis) each, with 2 sureties each. She ordered that each of the sureties shall swear to an affidavit of means in the said sum. Hon. Justice Janneh further ordered that the sureties shall deposit their original ID cards with the Principal Registrar of the High Court and provide title documents of a property value of which is not less than D1,000,000 for each of the accused. She also ordered that the valuation be done by a government-registered valuer. “Upon the fulfillment of the above conditions, each of the accused persons shall report to the Bundung Police Station every 2 days in a week during the pendency of their bail. The accused persons shall also not travel out of the jurisdiction of this court without leave of court,” she further ordered. Hon. Justice Janneh further granted the state up to the next adjourned date to file its indictment failing which, the bail granted to the accused shall become discharged and the matter shall be struck out for lack of diligence. When the case returned on 5 May 2026, Hon. Justice Janneh discharged the accused persons and struck out the case. However, The Point has learned that Musa Saine remains at Mile 2 Central Prison while Dawda Kora was re-arrested immediately after being released from Prison. Former senior state prosecutor’s reaction Reacting to the state’s failure to file an indictment, the former senior prosecutor described it as “unfortunate”. “It is simply a lack of seriousness on the part of the State. Five months is way beyond a reasonable time for the police to have completed their investigations and for the State Law Office to file an indictment. The fact that the Court gave them more time but they still failed to indict the duo is an indication of the State's lack of seriousness and professionalism,” he said. A former senior prosecutor said the re-arrest of Dawda Kora without charges could be challenged for breach of the order and violation of human rights.
The accused first appeared before the Brusubi Magistrates' Court on 14 January 2026 and were remanded by the said court that same day.
The case was subsequently transferred to the High Court for lack of jurisdiction due to the gravity of the offences alleged.
The file was thereafter assigned to Hon. Justice Isatou Janneh of the Bundung High Court on 20 January 2026 and it was first mentioned on 5 March 2026.
On the said date, 5 March 2026, Hon. Justice Janneh made an order directing the State to file its indictment in the case within 30 days from 5 March 2026. However, the state failed to file an indictment within the stipulated time frame.
“The court had taken into consideration the nature of the offence charged which attracts capital punishment if found guilty. However, the accused persons have a constitutionally guaranteed right to presumption of innocence and also to be tried within a reasonable time,” Hon. Justice Janneh said.
Hon. Justice Janneh said the interests in the matter, being the interest of the alleged victim's family, the State and that of the accused persons have to be balanced. She said that just because the accused persons were charged with a capital offence did not mean the State should be allowed to dictate the pace of the case.
Hon. Janneh further noted that the State had a reasonable time from January, when the matter was transferred to the High Court, to do the needful in the case and ensure that an indictment was filed.
“Giving the State additional time when they had failed to abide by the court's order of 5th March 2026 will be against the constitutional provision requiring the matter to be heard within a reasonable time, and this Court cannot lend itself to any infringement of the constitutional rights of the accused persons,” she said.
Considering the circumstances, Hon. Justice Janneh referred to the practice direction issued by the Hon. Chief Justice, Hassan B. Jallow in respect of transferred matters from the subordinate court to the High court which requires that if after 60 days of a matter having been transferred to the High court, no indictment is filed, the court may consider releasing the accused persons conditionally or unconditionally.
Hon. Justice Janneh said it had obviously been more than 60 days since then and “up to date no information has been filed”.
“In view of the foregoing and bearing in mind the nature of offence the accused persons are alleged with, it is the court's view that the proper consideration to do at this stage is to grant the accused persons bail pending when an indictment has been filed by the State rather than discharging them as applied for by defence Counsel,” she said.
Hon. Justice Janneh then granted bail to the accused persons in the sum of D1,000,000 (One Million Dalasis) each, with 2 sureties each. She ordered that each of the sureties shall swear to an affidavit of means in the said sum.
Hon. Justice Janneh further ordered that the sureties shall deposit their original ID cards with the Principal Registrar of the High Court and provide title documents of a property value of which is not less than D1,000,000 for each of the accused.
She also ordered that the valuation be done by a government-registered valuer.
“Upon the fulfillment of the above conditions, each of the accused persons shall report to the Bundung Police Station every 2 days in a week during the pendency of their bail. The accused persons shall also not travel out of the jurisdiction of this court without leave of court,” she further ordered.
Hon. Justice Janneh further granted the state up to the next adjourned date to file its indictment failing which, the bail granted to the accused shall become discharged and the matter shall be struck out for lack of diligence.
When the case returned on 5 May 2026, Hon. Justice Janneh discharged the accused persons and struck out the case.
However, The Point has learned that Musa Saine remains at Mile 2 Central Prison while Dawda Kora was re-arrested immediately after being released from Prison.
Former senior state prosecutor’s reaction
Reacting to the state’s failure to file an indictment, the former senior prosecutor described it as “unfortunate”.
“It is simply a lack of seriousness on the part of the State. Five months is way beyond a reasonable time for the police to have completed their investigations and for the State Law Office to file an indictment. The fact that the Court gave them more time but they still failed to indict the duo is an indication of the State's lack of seriousness and professionalism,” he said.
A former senior prosecutor said the re-arrest of Dawda Kora without charges could be challenged for breach of the order and violation of human rights.