(JollofNews) – Gambia’s High Court on Wednesday resumed the hearing of the high
profile criminal case involving former Director General of the defunct National Intelligence Agency (NIA) Yankuba Badgie and his eight co-accused persons.
When the case came up, prosecution and defense team battled over whether the amended bill of indictment should bear the signature of the lead public prosecutor Antoumane Gaye. This followed an objection made by defense counsel E.Jallow, saying the law clearly indicates an
information should be signed by the Attorney General or his professional staff.
“Senior lawyer Antoumane Gaye is not a staff of the AG Chambers,” defense counsel E.Jallow objected.
Lead defense Mene and the entire defense team aligned themselves with the objection made by lawyer E. Jallow.
“The information does not meet the requirement of the law. Any trial conducted under these circumstances is null and void,” lead defense told the court.
The defense team cited sections 165 and 175 d to back their argument.
Lead public prosecutor Antoumane Gaye challenged the objection made by the defense team, saying the objection is taking the court back again to the one made against Director of Public Prosecutor (DPP) Aboubakar.
“My conviction is the provisions under section 175 cannot be read in isolation,” lead public prosecutor.
In an attempt to cut the debate short, senior lawyer Antoumane Gaye added: “We are not private prosecutors. We are appointed under the will of the Attorney General.”
He said the defense team deliberately omitted to read “public prosecutors” in the said document. He then urged the court to consign the objection to lost causes…
After a-one stand-off, Justice Kumba Sillah-Camara handed down her ruling in what appeared to be a battle of procedure between prosecution and defense team.
In her ruling, she made it clear that section 165 cannot wave the provisions of the public prosecutor acting on the control of the Attorney General. She further stated that section 175 d cannot be read in isolation.
The case resumes today as the accused persona are expected to take their plea.