 |
|
| Author |
 Topic  |
|
Momodou
Denmark
11634 Posts |
 Posted - 10 Oct 2013 : 17:44:26
|
Ex-Justice Minister Jobarteh chooses not to give evidence in defence
By Author: Malamin L.M. Conteh
The Point: Published on Thursday, October 10, 2013
Former Justice minister Lamin AMS Jobarteh, who was expected to open his defence yesterday at the Special Criminal Court in Banjul, has told the court that he intended not to give evidence in his defence.
This was disclosed to the court by his defence counsel, Borry Touray, during yesterday’s hearing of the case involving him (Jobarteh), Pa Harry Jammeh, the former Solicitor General, and former Secretary General Dr Njogu L. Bah.
The three were arraigned before Justice Emmanuel Nkea of the Special Criminal Court, charged with a three-count which includes conspiracy to carry out a lawful purpose by an unlawful means, giving false information to a public officer, and abuse of office, charges they denied.
Jobarteh was expected to open his defence after the court overruled the defence counsel’s no-case-to-answer submission, and called on the accused persons to give evidence in their defence.
When the case was announced, defence counsel BS Touray told the court that he had filed a notice of appeal on the ruling of the no-case-to-answer submission by the court.
He then applied for an adjournment to effect service of the notice of appeal on the state.
However, the trial judge said the notice of appeal did not reach him, and he would proceed with the case as scheduled.
Counsel Touray after consultation with his client, then announced that the 1st accused person, Jobarteh, intended not to give evidence.
Defence counsel E. Jah, who represented the 2nd accused, Pa Harry Jammeh, when asked by the court whether he would proceed with his defence, said he was asking for a date for them to prepare their case.
At that juncture, the case was adjourned to today.
Source: The Point |
A clear conscience fears no accusation - proverb from Sierra Leone |
 |
|
|
toubab1020
12306 Posts |
Posted - 10 Oct 2013 : 22:11:52
|
"At that juncture, the case was adjourned to today."
Await the next adjournment date today then ! |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
|
|
|
|
Momodou
Denmark
11634 Posts |
Posted - 02 Nov 2013 : 16:05:22
|
‘If I had done anything I have done it under instructions.’
By Mamadou Dem
Foroyaa: Published on Friday, 01 November 2013
 Dr. Njogu Lamin Bah, former Secretary General, Head of the Civil Service and Presidential Affairs Minister yesterday testified before Justice Emmanuel Nkea of the Special Criminal Division of the High Court as the second defence witness in the ongoing criminal trial involving him alongside Lamin AMS Jobarteh, former Attorney General and Minister of justice and Pa Harry Jammeh, one time Solicitor General and Legal Secretary, Ministry of Justice. In his defence guided by Lamin K Mboge, Dr. Bah informed the court that he joined the Civil Service eight years ago and he started from the bottom as Senior Assistant Secretary. “I climbed the ladder to the climax as Secretary General and Head of the Civil Service. I was also appointed Minister for numerous portfolios,” said the former Secretary General.
He further went on to say, “During these eight years I tried to serve my country, my President who appointed me in office in the best of my ability and I think my records speaks for itself.” When asked by his counsel how he served the president and the country to the best of his ability? He said, “I have consent to work under directives and do the right thing because my president has always advised me to do the right thing. I have been a loyal server to my boss and to my employer and I will continue to be loyal to the vision he has for this country,” he said.
“If I had done anything, I have done it under instructions”, disclosed the former Presidential Affairs Minister Njogu Bah while giving evidence in court. Prior to the above statements, the second defence witness informed the court that he lives at Busumbala, West Coast Region and he is currently unemployed; adding that before the commencement of this case; he was briefly minister of Petroleum, but prior to that he held the position of Secretary General and head of the Civil Service and Minister for Presidential Affairs.
He was asked whether apart from that, he has other positions in the civil service? The witness responded in the affirmative; adding that he was appointed the Minister of Trade, Minister of Works, Construction and Infrastructure and also Minister of Communication, Information and Infrastructure. He said opportunities which he was always grateful to President Jammeh.
“You are aware of the charges against you before this court?” asked counsel. “Yes I’m aware,” replied the third accused person. He added that he earlier declared during his plea that he is not guilty of conspiring with the first and second accused person to remove justice Wowo, then presiding judge of the Gambia Court of Appeal. “I haven’t conspired with anybody,” he emphasized.
At this juncture, his counsel asked him to look at exhibit E and tell the court what led to the issuance of the said exhibit. “This letter was issued by my humble self as Secretary General and head of the civil service,” said Dr. Bah. According to the third accused and second defence witness exhibit C was the statement he made on the issue of former Justice Wowo’s dismissal or termination of services; adding that he stood by what is contained in that exhibit.
“You also stand charge of giving false information to a public officer?” asked Mboge. In response, the witness said he had denied it and he is denying it again. “I haven’t spoken to anybody about this issue at any given time,” he added. He further testified that neither him nor his co accused persons talk to John Belford, Judicial Secretary; adding that he did not abuse his office by conspiring with his co- accused persons to have justice Wowo removed from office.
The then Secretary General further disclosed to the court that he was sworn on three oaths before he took office as Secretary General which he said are binding on him regarding where he is; adding that this has limited or guided him not to talk about certain things in public. He said he is bound by his oath of secrecy. At this point, counsel asked him to look at a letter {exhibit G} which emanates from the office of the current Secretary General.
“This letter doesn’t say much, it said something, but it doesn’t say much”, he pointed out. At this stage, the Director of Special Litigation, Daniel O Kulo objected and cited section 138 of the Evidence Act and urged the court to make a stop to that line of evidence.
Defence counsel Mboge argued that the objection is misconceived and the citation made by the State counsel is inapplicable; adding that exhibit G is contrary to what section 138 is talking about. He said exhibit G is not a judgment, grant, contract or dispensation of property. “I urged your lordship to overrule the objection and allow the witness to answer the question,” Mboge submitted. The trial judge upheld the submission made by the defence and allowed the witness to continue with his testimony.
According to the former Presidential Affairs Minister, the reason why he said exhibit G does not say much is because it is not conclusive; adding that there is a file reference for both exhibit E and G respectively and executive directives are not only given using files.
The witness finally referred the court to exhibit A, B and C and the matter was adjourned to Thursday 31st of this month for lawyers to cross examine the witness.
Source: Foroyaa
Related:
|
A clear conscience fears no accusation - proverb from Sierra Leone |
|
|
|
kobo
United Kingdom
7765 Posts |
Posted - 07 Dec 2013 : 01:13:54
|
1. Related Bantaba topics
2. In ex-gov’t officials’ case, defence counsels speak with one voice
Friday, December 05, 2013
Lawyers defending three top government officials who are facing three criminal counts before Justice Emmanuel Nkea at the Special Criminal Court in Banjul spoke with one voice to defend their clients while addressing the court yesterday.
Lamin Jobarteh, the former Attorney General and minister for justice, Pa Harry Jammeh, the former solicitor general and Dr. Njogou Bah, the former head of the Civil Service and Presidential Affairs respectively, are standing trial for conspiracy, giving false information and abuse of office.
Addressing the court on Thursday, Lawyer Borry Touray, the counsel for Jobarteh, informed the court that the accused persons have been vindicated on a mock trial, where the suspect had been tried for the same offenses in Ami Bensouda’s matters. The counsel said if the arrest, trial and detention of Joseph Wowo was generated by due process, as being suggested by the prosecution then the accused person did not prevent government to follow the rules in removing Wowo. The counsel argued that there was no evidence in court indicating that government was prevented from following the rules. The defence counsel further submitted that the prosecution did not call any witness, who said the accused persons have given false information to anybody.
Dr. Njogu Bah’s counsel, Lawyer Mboge, said he has associated himself with the submission of Counsel Touray. But nonetheless, he added, some legal flavor to Counsel Touray’s submission. He told the court that the prosecution had not shown evidence in court that the trio have conspired to remove Joseph Wowo as a High Court judge. Counsel Mboge pointed out that the prosecution had tendered a termination letter of Wowo’s appointment, observing that the letter was copied to Jammeh and Bah, but was not copied to Jobarteh. The counsel said the letter emanated from the Judicial Secretary, and not from the trio.
Mboge also maintained that there was a meeting attended by the accused persons and directive were given for the arrest and investigation of the misconduct of Wowo, adding that this directive was followed to the letter. The counsel argued that his client, Dr. Bah, had never done anything without instruction, and that this fact has never been discredited by the prosecution. Counsel Mboge then told the court it has no option but to acquit and discharge his client.
Counsel Jah, who earlier on told the court that he was not feeling fine and asked the court for adjournment, seemed to be rekindled by his colleagues addresses, and also stood up at that juncture and told the court that; ‘My Lord I want to make my address now.’ The learned Judge motioned to counsel Jah to go ahead.
Pa Harry’s counsel, Lawyer Jah, informed the court that his client acted according to his duties and there was nothing before the court to show that his client acted otherwise. The counsel said his client acted honestly and reasonably and he has been a reliable witness before the court. Thus, Jah asked the court to free his client on all the charges so that he (Jammeh) would have a good Christmas holiday.
In replying to the arguments of the defence counsel, the prosecution also urged the court to find all the accused persons guilty and convict them as charged. At that juncture, the accused persons, the defence lawyer, state prosecutors and of course the audience all looked at the judge. The judge then raised up his head and made the pronouncement the audience were anticipating for, he said. “I am adjourning this matter to 17 December at 10 am for judgment.”.
SOURCE: Daily Observer News & Full Report
3. Judgment date set in former SG Njogu Bah and Co trial
Friday, December 06, 2013
Dr. Njogu Bah the former Secretary General and Head of the Civil Service, the former Justice Minister, and the former Solicitor General will soon know their fate, after the Special Criminal Court yesterday set 17th December 2013 as the date it would deliver its judgment.....
SOURCE: The Point News News & full report
COMMENT: THE SACRIFICIAL LAMB IS FORMER CHEIF JUSTICE WOWO SO VERDICT MAY FAVOUR THE TRIO AND APPEAR STATE LIKELY TO LOOSE THIS CASE. SABALLY PLEASE GET READY TO VACATE FORMER SECRETARY GENEARL'S DR. NJOGU BAH'S POSITIONS AND PA HARRY JAMMEH ALSO REINSTATED BACK IN JUDICIAL SERVICE.  |
Edited by - kobo on 07 Dec 2013 02:01:01 |
|
|
|
kobo
United Kingdom
7765 Posts |
Posted - 18 Dec 2013 : 05:45:36
|
1. Ex-SG Bah & co to know their fate today
Tuesday, December 17, 2013
Dr Njogou Bah, the erstwhile secretary general and head of the Civil Service, who doubled as the minister responsible for Presidential Affairs; Lamin Jobarteh, the former attorney general and minister of Justice and Pa Harry Jammeh, the former solicitor general and legal secretary, will know their fate today (Tuesday), as the Special Criminal Court judge, Emmanuel Nkea, is expected to deliver judgment on the multiple-count charges filed in by the state against the aforementioned accused persons. ....
SOURCE: Daily Observer News & full report
2. D-Day for former SG Njogu Bah and Co
The Special Criminal Court in Banjul is today expected to deliver judgment in the trial involving former Secretary General Dr. Njogu Bah, former Attorney General Lamin AMS Jobarteh and former Solicitor General Pa Harry Jammeh.
The trio were facing trial under a three-count charge which included conspiracy to carry out a lawful purpose by an unlawful means, giving false information to a public officer, and abuse of office; charges they denied....
SOURCE: The Point News & full report
3. Today Is D-Day for Dr. Njogu Bah and Co
Justice Emmanuel Nkea of the Criminal Division of the Banjul High Court will today, Tuesday, 17th December 2013, deliver judgment in the criminal case involving Dr. Njogu Bah, former Secretary General, Head of the Civil Service and Minister of Presidential Affairs, Mr. Lamin AMS Jobarteh, a former Attorney General and Minister of Justice and Mr. Pa Harry Jammeh, the former Solicitor General.
The three were arraigned before Justice Emmanuel Nkea charged with three-counts of criminal offences which include conspiracy to carry out a lawful purpose by unlawful means, giving false information to a public officer, and abuse of office, charges they denied.
The prosecution called five witnesses and tendered several exhibits in support of their case. The two accused persons (Dr. Njogu Bah and Mr. Lamin AMS Jobarteh) filed a no case to answer submission, but it was dismissed by the Court. They were ordered to enter their defense, which they did. The first accused person [Jobarteh] called few witnesses to support his case.
The particulars of offence on count one reads as follows: Lamin AMS Jobarteh, Pa Harry Jammeh, and Dr Njogu L Bah, between January and February 2013, in the Banjul within the jurisdiction of the court, you conspired among yourselves to remove Justice Wowo, a sitting Judge of the Court of Appeal of The Gambia by an unlawful means, to wit, orchestrating his arrest, detention and mock trial, and thereby committed an offence.
The Particulars of offence on count two reads: Lamin AMS Jobarteh, Pa Harry Jammeh, and Dr. Njogu L Bah, in January 2013, in Banjul, within the jurisdiction of the court, with intent to cause the termination of the service of Justice Wowo, fed John Belford (in his capacity as the Judicial Secretary of The Gambia) and the members of the Judicial Service Commission of The Gambia with information to the effect that his Excellency, the President of The Gambia had directed the termination of the appointment of Justice Wowo, knowing the information to be false and thereby committed an offence.
On count three, the Particulars of offence alleged that Lamin AMS Jobarteh, Pa Harry Jammeh and Dr. Njogu L Bah, between January and February 2013, in Banjul within the jurisdiction of the court, whilst in their offices as Attorney General and Minister of Justice of The Gambia, and Solicitor General of The Gambia, and Secretary General and Head of the Civil Service of The Gambia, respectively, abused the authority of their respective offices by arbitrarily causing the arrest, detention and termination of the appointment of Justice Wowo, and thereby committed an offence.
SOURCE: Foroyaa Burning Issues News |
Edited by - kobo on 18 Dec 2013 05:46:10 |
|
|
|
kobo
United Kingdom
7765 Posts |
Posted - 18 Dec 2013 : 19:55:47
|
1.Justice Nkea defers ex-SG Bah & Co’s judgment
The Special Criminal Court judge, Emmanuel Nkea Tuesday deferred the judgment of the embattled former top government officials to Monday 23rd December 2013. The judgment which was slated for 17th December 2013, could not be delivered as the judge informed the court that the judgment is not ready.....
Source: Daily Observer News & Full Report
2.Judgment postponed in former SG Njogu Bah and Co
The highly-anticipated judgment in the trial involving former Secretary General Dr, Njogu Bah, former Attorney General Lamin Jobarteh and former Solicitor General Pa Harry Jammeh was yesterday postponed.
Presiding judge Justice Emmanuel Nkea adjourned the judgment to Monday 23rd December 2013.....
Source: The Point News & Full Report
3.Dr. Njogu Bah and Co judgment postponed
Published on Wednesday, 18 December
By Lamin Sanyang
Justice Emmanuel Nkea of the Criminal Division of the Banjul High Court yesterday, Tuesday, 17 December, postponed judgment in the criminal trial of Dr. Njogu Bah, former Secretary General, Head of the Civil Service and Minister of Presidential Affairs, Mr. Lamin A.M.S. Jobarteh, former Attorney General and Minister of Justice and Mr. Pa Harry Jammeh, a former Solicitor General. When the case was announced for judgment, all the three accused persons were called to enter the dock.
The crowded courtroom was silent with all attention on the trial judge while the three accused persons were anxiously waiting for the outcome of the judgment.
The trial judge told the crowded court that he was the one who promised to deliver judgment, but could not because it was not ready. He said he would push the matter till next week by which time the judgment would be ready. Subsequently, the matter was adjourned for judgment on Monday, 23 December, 2013. “I will deliver the judgment on Monday without fail,” said Justice Nkea.
The courtroom was full to capacity with families, friends and sympathizers of the accused persons. Many people were also standing at the verandah watching the proceedings of the court. The members of the Police Intervention Unit [PIU] were deployed around the premises of the court.
It could be recalled that the three were arraigned before Justice Emmanuel Nkea of the Criminal Division of the High Court in Banjul, charged with three counts which includes conspiracy to carry out a lawful purpose by an unlawful means, giving false information to a public officer, and abuse of office, charges they had denied. The prosecution called five witnesses and tendered several exhibits in support of their case.
The two accused persons, Dr. Njogu Bah and Mr. Lamin AMS Jobarteh, filed a no case to answer submission, but it was dismissed by the Court. They were ordered to enter their defense, which they did.
The first accused [Jobarteh] called few witnesses. The particulars of offense on count one states that Lamin AMS Jobarteh, Pa Harry Jammeh and Dr. Njogu L Bah, between January and February 2013, in Banjul, within the jurisdiction of the court, conspired among themselves to remove Justice Wowo, a sitting Judge of the Court of Appeal of The Gambia by an unlawful means, to wit, orchestrating his arrest, detention and mock trial and thereby committed an offence.
On count two, prosecutors allege that Lamin AMS Jobarteh, Pa Harry Jammeh and Dr. Njogu L Bah, in January 2013, in Banjul, within the jurisdiction of the court, with intent to cause the termination of the service of Justice Wowo, fed John Belford (in his capacity as the Judicial Secretary of The Gambia) and the members of the Judicial Service Commission of The Gambia with information to the effect that his Excellency, the President of The Gambia had directed the termination of the appointment of Justice Wowo, knowing the information to be false and thereby committed an offence.
Prosecutors also allege that Lamin AMS Jobarteh, Pa Harry Jammeh and Dr. Njogu L Bah, between January and February 2013, in the Banjul City Council, within the jurisdiction of the court, whilst in their offices as the Attorney General and Minister of Justice of The Gambia, and Solicitor General of The Gambia and Secretary General and Head of the Civil Service of The Gambia, respectively abused the authority of their respective offices by arbitrarily causing the arrest, detention, and termination of the appointment of Justice Wowo, and thereby committed an offence.
Source: Foroyaa Burning Issues |
Edited by - kobo on 18 Dec 2013 19:57:46 |
|
|
|
kobo
United Kingdom
7765 Posts |
Posted - 19 Dec 2013 : 21:08:45
|
Former SG Njogu Bah and Co judgment today, not Monday
By Malamin L.M. Conteh
The Point: Published on Thursday, December 19, 2013
The highly-anticipated judgment in the case involving former Secretary General Dr. Njogu Bah, former Justice minister Lamin Jobarteh and former Solicitor General Pa Harry Jammeh, is now rescheduled for today at the Special Criminal Court in Banjul.
The judgment, which was initially set for Tuesday but postponed to Monday 23rd December, will now be delivered today Thursday, the Special Criminal Court was told yesterday.......
Read Full Story
|
Edited by - kobo on 19 Dec 2013 22:02:11 |
|
|
|
Momodou
Denmark
11634 Posts |
Posted - 20 Dec 2013 : 12:42:12
|
Njogu Bah, Jobarteh, Pa Harry Jammeh jailed 2 years
By Malamin L.M. Conteh
The Point: Published on Friday, December 20, 2013
 The Special Criminal Court yesterday convicted and sentenced former Secretary General Dr Njogu Bah, former Attorney General Lamin Jobarteh and former Solicitor General Pa Harry Jammeh to a mandatory jail term of two years.
Presiding judge Justice Emmanuel Nkea found the three former senior government officials guilty on charges of conspiracy to carry out a lawful purpose by an unlawful means and abuse of office.......
Read Full Story
Source: The Point |
A clear conscience fears no accusation - proverb from Sierra Leone |
|
|
|
Topic |
|
|
|
| Bantaba in Cyberspace |
© 2005-2024 Nijii |
|
|
|
Topic Locked
