Gaye Sowe is a human rights lawyer, Salieu Taal is also a human rights lawyer and the President of The Gambia Bar Association while Senior Counsel Cham is a seasoned criminal and human rights lawyer.
Retired Captain Yankuba Touray is an erstwhile member of the defunct Armed Forces Provisional Ruling Council and is facing a single count of murder before the Banjul High Court. He is charged with the murder of Ousman Koro Ceesay, a one-time Minister of Finance under the reign of the military in 1995 in Kololi at his [Touray’s] residence. He pleaded his constitutional immunity, but the high court entered a plea of not-guilty for him and the case commenced in earnest.
‘Amicus curiae’ is a Latin term meaning friend of the court. Counsel, who assists the court by putting arguments in support of an interest that might not be adequately represented by the parties to the proceedings (such as the public interest).
Justice Hassan B. Jallow, the Chief Justice of The Gambia asked them to make their application and attach their brief of argument.
Justice Jallow also ordered that state lawyers Abdul Maita Yusuf and Kimbeng T. Tah or lawyer Abdoulie Sisohor for Yankuba Touray to also file their briefs within seven days when they find it necessary.
The case was adjourned to the 2nd December 2020 for mention and 4th December for hearing.
The Justices of the Supreme Court were Justice H.B. Jallow, Awa Bah, M.M. Sey, Raymond Sock and Idrissa Fafa Mba’i.
The prosecution called nine witnesses in the case after which the prosecution’s case was closed. Yanks Touray, as he is fondly known, called two witnesses in his defense and he was the third defense witness. He began testifying before his lawyer Sisohor raised the issue of jurisdiction saying the Constitution lacks the power to try him.
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