Africa-Press – Ghana. The trial of Mariama Naba Darboe, who stands accused of insulting the President of The Gambia, commenced this week with the prosecution presenting its first witness.
Darboe is being prosecuted under Section 107(2) of the newly enacted Criminal Offences Act, 2025, which criminalizes “parental insults” directed at public officials, including the President, Vice President, Ministers, National Assembly Members, and civil servants. She faces two charges: providing false information and issuing a parental insult to public officers.
According to the charge sheet, on July 5, 2025, in Tanji, Kombo South, Darboe allegedly uttered a profane insult—specifically the phrase “motherf**ker”—in reference to the president. She has pleaded not guilty to the allegations.
The case is being heard before Magistrate Jallow. Assistant Superintendent of Police O. Bobb appeared for the prosecution on behalf of the Inspector General of Police. Defense counsel J. Jeng and F. Conteh represented the accused.
The prosecution’s first witness, Salimatou Yaffa, a cook residing in Tanji, took the stand and provided her testimony. Led in her examination-in-chief by ASP Bobb, Yaffa recounted that she was traveling in a shared vehicle with the accused on the day of the incident. She stated that they were en route from Tanji to the Turntable area between 4:00 and 5:00 p.m. when the vehicle, along with others, was stopped in a wooded area near Ghana Town.
She testified that Mariama Daha Darboe asked her what was causing the delay. Salimatou Yaffa responded, “I told her it is the president who is passing; that’s why the vehicles are packed, as he will lay a foundation in Sanyang.”
Yaffa further told the court that it was at that moment the accused allegedly remarked, “This mother**king president.” When asked by prosecutor ASP Bobb to specify which president was being referenced, Yaffa confirmed it was “the president of the Republic of the Gambia. President Barrow.”
She further testified that she reprimanded the accused, Mariama Naba Darboe, saying, “Don’t insult the president. I told her you don’t have the right to,” In response, Darboe reportedly said, “It is democracy.” The witness said she replied, “You have the right to speak your mind, but not to insult the president.”
The witness recounted a brief commotion inside the vehicle, describing it as a “push and pull” situation, during which other passengers intervened and urged the accused, Mariama Naba Darboe, to refrain from insulting the President. The journey continued until the vehicle arrived near a five-star hotel in Brufut, where they were stopped at a checkpoint by a traffic officer identified as Amie.
According to Yaffa, Officer Amie approached the vehicle and questioned the occupants about the disturbance. After Yaffa explained what had transpired, the officer confronted Darboe and asked whether she had insulted the President. Yaffa testified that Darboe responded by repeating the same offensive remark.
Following this, Officer Amie instructed both Yaffa and Darboe to disembark from the vehicle, after which they were escorted to the Brufut Police Station. There, Officer Amie recounted the incident to her colleagues. When a police officer at the station inquired about the nature of the alleged insult, the accused reportedly repeated the same phrase, referring to “a motherf**ker president.”
She testified that statements were subsequently recorded at the station. She recalled a police officer questioning the accused about whether she understood the seriousness of her actions, emphasizing that “no one insults the police according to our new laws, much less the president.”
According to the witness (Yaffa), the accused responded by saying she “wasn’t talking to her.” The witness stated she told the accused, “The president you are insulting is an elderly statesman.” But the accused responded that the President was “not older than her,” to which she responded, “the nation is older than her and he (President) is ruling the nation.”
She concluded by stating that her statement and personal details were recorded by the police, with Officer Amie also contributing information.
During cross-examination, Counsel Lamin J. Darboe took over from his junior colleagues and proceeded to question the witness about her level of literacy.
We reproduce the cross-examination verbatim.
Counsel Lamin J. Darboe: “Can you please tell the court if you are literate?”
Witness Yaffa: “Not too much.”
Counsel Darboe then pressed the witness on the specific words that led her to report the accused to the police.
Counsel Lamin J. Darboe: “What did you say the accused stated that offended you to report her to the police?”
Witness Yaffa: “We met in a vehicle, and she insulted the president.”
Counsel Lamin J. Darboe: “How did she insult the president?”
Witness Yaffa: “She asked me what was happening. Why are the vehicles packed at the roadside? I told her because the president will lay a foundation at Sanyang. Then she said this mother**king president.”
Counsel Lamin J Darboe then questioned how the police became involved, given the witness’s earlier testimony that she did not personally report the incident.
Counsel Lamin J. Darboe: “You said you didn’t report, so how did the police get to the police?”
Witness Yaffa: “When she said mother**king president, I told her not to insult the president, that is what led to the push and pull in the car, and the vehicle was stopped by the traffic officer on the road, who then asked why the noise in the car.
I told her the accused insulted the president. Then she asked what kind of insult she said. Then she said I was not talking to this lady, I said motherf**king president. Then the police got us down and took us to the Brufut police station.”
Counsel Lamin J. Darboe then inquired about any recordings of the alleged insult.
Counsel Lamin J. Darboe: “When she repeated the insult, did you record it?”
Witness Yaffa: “No.”
Counsel Lamin J. Darboe: “Was she asked at the police station whether she said that?”
Witness Yaffa: “Yes, she was asked.”
Counsel Lamin J. Darboe: “Did you record it by any chance?”
Witness Yaffa: “No.”
Counsel Lamin J. Darboe: “Did you know if Amie recorded it?”
Witness Yaffa: “I don’t know.”
The cross-examination shifted to the witness’s statement given at the police station.
Counsel Lamin J. Darboe: “Have you made a statement at Brufut police station?”
Witness Yaffa: “Yes.”
Counsel Lamin J. Darboe: “Did you write the statement yourself?”
Witness Yaffa: “No, I didn’t write.”
Counsel Lamin J. Darboe: “When the statement was written, did you sign it?”
Witness Yaffa: “Yes.”
Counsel Lamin J. Darboe: “Did you also provide your phone number to the police?”
Witness Yaffa: “Yes.”
Counsel Lamin J. Darboe then requested the statement and handed it to the witness, asking her to identify it.
Counsel Lamin J. Darboe: “Please take a look at this statement and tell the court if that’s the statement.”
Witness Yaffa: “Yes, this is the statement.”
Following the confirmation, counsel Lamin J Darboe applied to tender the statement into evidence with no objection from the prosecution, the court admitted the statement into evidence, marking it as Exhibit DW1.
With no further questions for the Counsel Lamin J Darboe, the witness was discharged, the court adjourned the case to tomorrow, July 11, 2025, at 9:00 am for continuation of PW2 testimony.
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