Justice Emmanuel Nkea of the Special Criminal Court in Banjul recently upheld the application made by defence counsel Borry Touray to recall defence witness four (DW4), Haddy Joof, in the trial involving former Justice Minister Lamin AMS Jobarteh, Pa Harry the former Solicitor General and Dr Njogu L. Bah, the former Secretary General.
The three are being tried under a three-count 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.
When the case was announced, defence counsel B.S. Touray made an application to recall DW4, Haddy Joof, the senior registry clerk, to tender a document through her which was a certified copy.
The application to recall DW4 was granted and the case was adjourned to 4 December 2013. Lamin AMS Jobarteh, Pa Harry Jammeh, and Dr Njogu L. Bah, were accused on count one that, between January and February 2013, in the Banjul City Council, 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 lawful means, to wit, orchestrating his arrest, detention and mock trial, and thereby committed an offence.
On Count two, Lamin AMS Jobarteh, Pa Harry Jammeh, and Dr Njogu L. Bah, were alleged that in January 2013, in the Banjul City Council, 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.
Lamin AMS Jobarteh, Pa Harry Jammeh, and Dr Njogu L. Bah, were further alleged on count three that, 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 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.
