It would be recalled that the Darsilameh Sangajor Caliph-General Muhideen Hydara, and the village alkalo, Buyeh Touray were earlier arraigned before the Brikama magistrate court and charged with conspiracy to commit a felony, and disobedience to lawful order, and both denied.
The case preceded on 18 August 2104 before magistrate S. Sanneh, with the testimony of the prosecution’s first witness, the chief of the district Momodou Lamin Jarju.
According to the charge sheet read in court on count one the accused persons, Sheikh Muhideen Hydara and Buyeh Touray, on 29 July 2014 between 10 a.m. and 11 a.m. at Darsilameh Sangajor (village) in Foni Kansala (district) of the West Coast Region, jointly conspired to commit an offence.
Count two stated that on the same date,place and time, they jointly disobeyed a lawful order of the President of The Gambia by refusing to perform Eid ul Fitr prayers on 28 July 2014, as announced by GRTS; perform the Eid on 29 July 2014, and thereby committed an offence.
However Senior lead Counsel lawyer Antouman Gaye moved that the case be referred to the Supreme Court in Banjul as it needs some constitutional interpretations, which the lower courts lacks competence of. The police prosecutor however objected and said such cases are always before the magistrate court here in Brikama.
The matter was at that point was adjourned for ruling, but when the case resumed September 1st, the matter could not proceed and was now adjourn to the 4th September 2014 for a ruling on whether the case be moved or not.