The Banjul Magistrates' court, presided over by Senior Magistrate Kayode Olajubutu  last week overruled the no-case-to-answer submission made by Lawyer Edrissa Sisoho, counsel for defendants Ebrima Secka and Alieu Jagne.

Ebrima Secka and Alieu Jagne are standing trial for alleged criminal trespass and for behaving as rogues and vagabonds.

Magistrate Kayode in his ruling said that the criminal procedure code has made provisions for quashing or striking out of a charge in section 219. He added that the clear provision of that section states  that an injunction can be quashed on a motion made before the accused takes his plea or  made an arrest of the judgment on the grounds that the indictment does not state and cannot by any authorised amendment be made to  state any offense for which the accused had been notice.

Magistrate Kayode noted  that the first count discloses an offense charged." I also found that count one is not defective, the second prayer of the defence in its entirety lack merit. I therefore order  the accused persons to enter their defence on the next adjourned date", he ruled.

He further issued bench warrant for the arrest of Alieu Jagne, the second accused, for being absent from court.