High Court Defers Ruling on Stay of Proceedings in Caliph General and Co Trial

By Kebba Jeffang
The Brikama High Court yesterday, 3rd December, 2014 failed to deliver a Sheikh Muhideen Hydararuling on an application for a stay of proceedings sought by the defence counsels in the case of Sheikh Muhideen Hydara, the Caliph General of Darsilameh Sangajor and his village Alkalo, Buyeh Touray, who are standing trial at the Brikama Magistrate’s Court.

The duo was absent during the last adjournment before Justice O.U Uduma who replaced Justice Ikplala at the Brikama High court.
Addressing the court, defence lawyer Lamin K. Mboge announced his representation for the defendants, adding that his clients (the appellants) were absent as well as the state counsel (respondent).
He reminded the court that “the matter was scheduled for ruling on the application filed by the appellants for stay of proceedings at the Lower Court.”
At this juncture, the trial judge who is hearing the matter for the first time disclosed that “the ruling is not ready.”
She therefore adjourned the matter to 17th December, 2014 at 10 am for ruling.
This ruling would decide whether the subordinate court would halt proceedings in the case with a view to paving way for the Supreme Court to hear an application sought by the defence on the constitutionality of the charge brought against the defendants.

Magistrate Omar Cham had earlier overruled an application made by the defence for the matter to be transferred to the Supreme Court for interpretation.
The duo s charged with two counts of ‘disobedience to lawful order’ and ‘Conspiracy to commit felony’ which they both pleaded not guilty to.
However, before they were charged with criminal offences, the accused persons were detained for three nights at various police stations for observing Eid-Ul Fitr prayer (Koriteh) in Darsilameh Sangajor, Foni Kansala district of the West Coast Region on a day different from what was announced by the Supreme Islamic Counsel.