The State led by the Director of Public Prosecutions (DPP) AM Yusuf has opposed a fresh application by Lt. Col. Sanna Manjang seeking to strike out the desertion charge against him before Justice O. Cham of the General Court-Martial at Fajara Barracks, arguing that his prolonged absence from military service did not automatically terminate his membership of the Gambia Armed Forces (GAF).
In an affidavit sworn in opposition to Manjang’s application, Khadiatou Bah, a legal clerk at the Attorney General’s Chambers and Ministry of Justice, maintained that the accused remained subject to the Gambia Armed Forces Act despite leaving the country and staying away from military duties for approximately nine years.
The affidavit, filed in response to the accused person’s motion dated October 15, 2026, acknowledged that Sanna Manjang was served with the charge and convening order on or about September 7, 2026, and became aware that he had been charged with desertion before the court-martial.
However, the State disputed the defence assertion that Manjang had ceased to be a member of the armed forces before the alleged offense.
The prosecution stated that he was on active service or under orders for active service when he left The Gambia and or the armed forces, and maintained that he remained subject to military law.
The State also rejected the defenses claim that Manjang left the country because he feared arrest, insisting that there was no risk of arrest against him at the time.
According to the affidavit, Manjang did not formally resign from the Gambia Armed Forces before leaving the country. The State further contended that he had neither surrendered nor returned the military equipment, assets and property issued to him.
State argued that Manjang’s alleged intention to leave the service could not, by itself, amount to a lawful termination of his military service, stressing that his prolonged absence did not automatically bring his military membership to an end.
The affidavit admitted that Manjang remained outside The Gambia for approximately nine years and did not perform military duties during that period. However, the State maintained that these circumstances alone were insufficient to establish that his service had legally ended.
The prosecution also challenged the defence’s contention that the desertion charge was incompetent and should either be struck out or replaced with a charge of absence without leave.
According to the State, whether Manjang was on active service or under orders for active service, and whether the particulars disclose the offense of desertion, are legal questions that must be determined by reference to the applicable law, the charge and the evidence presented before the court.
The affidavit further stated that Manjang remained absent from military service until his arrest by Senegalese military authorities in January 2026 and his subsequent handover to the Gambia Armed Forces Military Police.
The State urged the court to determine the application on a proper consideration of the relevant law, the particulars of the charge and the evidence, rather than relying solely on assertions contained in the accused person’s affidavit.
The Matter was adjourned until 26th October 2026.