The ruling, delivered by Justice Jaiteh ordered the appearance of Mr. Ebrima G. Sankareh (government spokesperson), Momodou Sowe (deputy inspector general of police), and Mr. Abuabucarr Jeng (national security adviser).
The application was brought by Counsel Lamin J. Darboe, representing the 1st Accused person, Ousainou Bojang. Counsel Darboe argued that those individuals possess "vital information" and have made "significant statements relevant to the defence".
The defense sought an order for the officials to appear and elaborate on their statements under oath. Counsel Adama Sillah, representing the 2nd Accused, Amie Bojang, associated himself with these submissions, emphasising the court's "unfettered discretion to compel competent witnesses to testify in the interest of justice".
He cited legal texts, including works by Hassan B. Jallow, to support the principle that a competent witness is a compellable witness, with no applicable exceptions in this case.
The Director of Public Prosecutions (DPP), A.M. Yusuf, objected to the application, contending that none of the named persons made statements during the investigation or were involved in the police panel, thus rendering their testimony "irrelevant and unwarranted".
Justice Jaiteh, however, rejected the prosecution's arguments. He affirmed the court's power under Section 117 of the Criminal Procedure Code to summon and compel any competent person to testify, regardless of whether they previously provided a formal statement to the prosecution.
Justice Jaiteh highlighted that the requirement for a witness to have made a statement applies solely to the prosecution's case, and the defense is not bound by the constraint.
The ruling stated that the DPP's submission regarding the officials' non-involvement in the police investigation or lack of prior statements does not diminish the court's power to compel their attendance.
Justice Jaiteh stressed that denying the application on grounds of formality would "unjustly curtail the accused’s rights", emphasising the overriding interest of an expeditious trial and the accused's right to a fair hearing.
"The burden of proof in this criminal trial rests squarely on the prosecution throughout, and the defence is entitled to call any competent witnesses to rebut or support their case," the ruling stated.
The Court found "no credible basis on which to refuse the application". The Court granted the application, ordering Mr. Ebrima G. Sankareh, Momodou Sowe, and Mr. Abou Jeng to appear before the court on Monday, June 16, 2025, at 11:00 a.m..
Justice Jaiteh commanded that the subpoenaed officials will "testify fully and truthfully on all matters within their knowledge pertaining to the case until they are formally discharged by the Court".
Justice Jaiteh explicitly warns that "failure or neglect to appear as commanded shall be regarded as contempt of this Honourable Court and will be dealt with accordingly".
However, the DPP disagrees with the ruling and informed the court of his intention to appeal against the ruling at Court of Appeal.
