Appearing in court on Thursday, Magistrate Ubeke denied the bail application filed by defense counsel, Assan Martin, arguing that the charges concerns giving false information to the office of the president, describing the office of the President as a sensitive place. He said any information that is send to the office of the president should be for the public interest.

Ubeke therefore ruled that the accused person be remanded pending the outcome of the case, or next adjournment. His ruling was in reaction to a bail application made by defense Counsel Assan Martin who argued that the offense is a misdemeanour, which carries the penalties of D500 as fine, to six months imprisonment.

It’s a bailable offense, and pursuant to section 195 of the 1997, which provides bail for any offense for misdemeanour of any accused person. He said the accused will comply with all the bail conditions, and is willing to provide surety who will comply to the courts, and the bail conditions.

In his reaction, Police Prosecution team leader- Badjie said the prosecution is not objecting the bail application since it is an issue for the court to decide.

Badjie also applied under section 169 of the Criminal Procedure Code (CPC) for amendment of the particulars of offense which reads: “seek nomination of Mariam Jammeh, daughter of the President of the Republic of The Gambia as ADG's General Ambassador for the World Day [SIC] Celebrations 2009."

Badjie said the statement substituting the particulars of offense stands as: "Edwin Nebolisa Nwakaeme sometimes in the Month of March 2010 in the City of Banjul, Republic of the Gambia, you gave false information to the office of the President that African Democracy Organisation and Good Governance is a non-governmental organisations, which you know or have reasons to believe to be false."

Defense Cousel Martin raised no objection on the amendment, but at this juncture applied again for review of the bail conditions "since the false information in question has no effect of causing any harm, or changing any work pertaining to the public service. It is just a question of what purpose does the organisation itself stand for. Whether it is a governmental, charitable or non-governmental organisation."

However, Magistrate Ubeke overruled Martin submission, insisting that the matter is not about a question, but about giving false information, and concluded that the bail conditions remains the same, and therefore ordered that the accused be remanded pending the outcome of the case or the next adjournment date. He therefore adjourned the case to 22 and 24 of March for hearing. The Prosecution told the court that he has three witnesses to call.


According to reports, Nwakaeme was first arrested on Monday, 22 February this year by three plain clothes men from the Serekunda police station. The sources indicated that he was escorted to Kairaba Police Station, but later transferred to New Jeshwang Immigration Post, where he was detained until Thursday, 25 February. Sources further said that the following day, he was recalled by personnel from the Serekunda Police Station, who escorted him to Police headquarters, only to be released in the evening without any charge.

He was again on Monday, 1st March, and detained at the serious Crime Unit at the Police headquarters in Banjul, and brought to court today.

Again, on Monday 1st March, sources said the Gambia based Nigerian national was called by the Police Serious Crime personnel to report to headquarters where he was put under arrest up to Monday, 8 March 2010 when he first appeared in court, charged with giving false information.

Meanwhile, Police sources indicated that the authorities intend to seize the license of ADG and deport Edwin back to Nigeria, adding that his passport was also seized from him, and is currently with the police. According to the police officer, while in detention, Edwin was escorted to the American Embassy, where he applied for a visa to attend an international conference, to withdraw the passport and hand it over to the police.