Africa-Press – Gambia. The Gambia’s High Court has ordered three senior government officials, including the national security adviser and police chief, to testify in a closely watched murder trial stemming from a controversial police shooting.
Justice Ebrima Jaiteh on Tuesday granted a defense motion compelling testimony from Government Spokesperson Ebrima G. Sankareh, Deputy Inspector General of Police Momodou Sowe, and National Security Adviser Abou Jeng in the case against siblings Ousainou and Amie Bojang.The request was brought by Lamin J. Darboe, counsel for Ousainou Bojang, the first accused. Mr. Darboe argued that the officials possess “vital information” and have made “significant statements relevant to the defense.” The defense is seeking to have the three officials appear in court to elaborate on these statements under oath.
Adama Sillah, representing the second accused, Amie Bojang, supported the application, underscoring the court’s “unfettered discretion to compel competent witnesses to testify in the interest of justice.” Mr. Sillah cited established legal authorities, including the writings of Hassan B. Jallow, to reinforce the principle that all competent witnesses are compellable, without exception in this case.
The Director of Public Prosecutions, A. M. Yusuf, opposed the motion, arguing that the officials in question did not provide formal statements during the police investigation and had no direct involvement in the investigative process. He contended their testimony would therefore be “irrelevant and unwarranted.”
Justice Jaiteh firmly rejected the prosecution’s objections. In his ruling, he emphasized that under Section 117 of the Criminal Procedure Code, the court possesses broad authority to summon any competent person to testify, regardless of whether they had previously provided a formal statement.
“The submission by the Director of Public Prosecutions that the officials were not part of the police investigation does not preclude the court’s power to compel their attendance,” Justice Jaiteh stated.
Justice Jaiteh further explained that while the prosecution is typically constrained to rely on statements gathered during the investigation, the defense is not subject to the same limitation. Denying the defense’s application on such procedural grounds, he warned, would “unjustly curtail the accused’s rights.”
He emphasized that the court’s overriding obligation is to safeguard the accused’s right to a fair trial while ensuring that justice is delivered without undue delay.
“The burden of proof in this criminal trial rests squarely on the prosecution throughout, and the defence is entitled to call any competent witnesses to rebut or support their case,” the ruling stated.The Court found “no credible basis on which to refuse the application” and accordingly granted the defense’s request, ordering Mr. Ebrima G. Sankareh, Mr. Momodou Sowe, and Mr. Abou Jeng to appear before the court on Monday, June 16, 2025, at 11:00 a.m.
In his ruling, Justice Jaiteh directed that the summoned officials must”testify fully and truthfully on all matters within their knowledge pertaining to the case until they are formally discharged by the Court”.
Justice Jaiteh further issued a stern warning, stating that “failure or neglect to appear as commanded shall be regarded as contempt of this Honourable Court and will be dealt with accordingly.”
Despite the ruling, the Director of Public Prosecutions, A. M. Yusuf, expressed his objection and informed the court of his intention to appeal the decision at the Court of Appeal.
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