The Banjul High Court has issued an order for three top government officials, including the Gambia government spokesperson Ebrima G. Sankareh, to appear before it to give evidence in an ongoing high-profile murder trial.
It would be recalled that the police arrested a certain Ousainou Bojang and his sister nearly two years ago for the fatal shooting of two male paramilitary officers. A female officer was seriously injured in the shooting.
The duo has been undergoing murder trial at the high court in Banjul with Ousainou as the prime suspect while his sister has been slammed with accessory to murder charges.
On Tuesday, trial judge Justice Ebrima Jaiteh delivered a ruling on defense counsel Lamin J. Darboe’s application for the Gambia government spokesperson and other top officials; the Deputy Inspector General of Police(DIG), Momodou Sowe, and the National Security Adviser(NSA), Abou Jeng, to appear before the high court.
Lawyer Darboe, representing Ousainou Bojang, filed a formal application, arguing that the three officials had made public statements relevant to the defence and should be required to repeat those statements under oath in court.
Darboe’s application was supported by Counsel Adama Sillah, representing the second accused, who cited legal precedent to argue that the court has the authority to compel any competent person to testify, regardless of whether they were part of the initial investigation.
The Director of Public Prosecutions (DPP), A.M Yusuf, objected to the application, arguing that none of the officials had been involved in the investigation and had not made any formal statements to the police or prosecution. He claimed their testimony was, therefore, unnecessary, but the high court disagreed.
In a detailed ruling, the presiding judge Justice Jaiteh said the defence was not restricted to calling only those who had been involved in the investigation or had given prior statements. The judge noted that criminal procedure grants the defence the right to call any competent witness who may assist their case.
“The DPP’s submission that these officers did not participate in the police investigation or provide statements to the prosecution does not diminish this Court’s power or discretion to compel their attendance,” stated the judge in his ruling. “The defence is entitled to call any competent witnesses to rebut or support their case.”
The court emphasized that it must ensure a fair hearing for the accused and that the refusal to allow relevant witnesses to testify, especially on procedural grounds, would unfairly limit the defence.
Consequently, the court granted Counsel Darboe’s application and ordered the three officials to appear in person at the next hearing, scheduled for Monday, 16th June 2025 at 11:00 a.m.
The ruling concluded with a stern warning that failure to comply would be treated as contempt of court.
This development marks a significant turn in the trial, with attention now turning to how the testimonies of these senior government figures may influence proceedings.
