Gambiaj.com – (BANJUL, The Gambia) – The High Court in Banjul has ordered businessman Alagjie Kebbeh to open his defense after ruling that prosecutors presented sufficient evidence linking him to alleged economic crimes and theft involving over D64 million meant for COVID-19 relief rice.
Justice Ebrima Jaiteh delivered the ruling after dismissing a no-case submission filed by Kebbeh’s defense team, paving the way for the trial to proceed to the defense stage.
Kebbeh is facing amended information containing four counts: economic crime, theft, obtaining goods by false pretenses, and cheating, contrary to provisions of the Economic Crime (Specified Offences) Act and the Criminal Code.
Charges Linked to Undelivered COVID-19 Relief Rice
According to the particulars of the charges, Kebbeh allegedly failed to supply the Government of The Gambia with 41,404 bags of 50-kilogram rice between 2020 and 2021. The rice formed part of 58,500 bags paid for by 39 government-financed vendors under a COVID-19 relief program.
Prosecutors further allege that Kebbeh dishonestly obtained D64,080,000 from the vendors by falsely claiming he had rice available for supply and fraudulently induced the government to release funds based on representations that the rice had been procured and stored.
Kebbeh pleaded not guilty when he was arraigned on 22 April 2024.
During the trial, the prosecution called eight witnesses and tendered several documentary exhibits, including cautionary and voluntary statements, corporate registration records of Win-Win Oils (Gambia) Limited, correspondence with the World Food Programme, and confirmations relating to rice consignments.
Defense Argued No Personal Liability
At the close of the prosecution’s case, defence counsel K. Jallow filed a no-case submission under Section 245 of the Criminal Procedure Act, arguing that Win-Win Oils (Gambia) Limited was a separate legal entity and that Kebbeh, as a shareholder and director, could not be held personally liable.
The defence also contended that no funds were paid into Kebbeh’s personal accounts and that prosecutors had failed to establish personal responsibility for any alleged losses.
However, Justice Jaiteh rejected these arguments, stating they related to issues of liability and credibility that could only be determined after the defence is heard.
He emphasized that directors and controlling shareholders may incur criminal liability if they personally participate in, authorize, or knowingly permit offenses.
“The corporate veil cannot be used as an instrument of fraud or economic crime,” the judge said.
Court Finds Prima Facie Case Established
Justice Jaiteh said the legal test at the no-case stage is limited to determining whether there is evidence upon which a reasonable tribunal could convict if believed.
He noted that evidence presented showed Kebbeh owned 90 percent of Win-Win Oils and exercised dominant control over its operations.
The prosecution’s case also indicated that the government financed vendors to procure rice for COVID-19 relief; that Win-Win Oils was involved in supplying the rice through subcontracting arrangements; that a substantial quantity of rice – 41,404 bags – was never delivered; and that Kebbeh made written representations to government officials and the World Food Programme about procurement and shipment.
The court further noted that Kebbeh had claimed a shipload of rice from India would arrive in The Gambia in March 2022 and requested additional time to deliver the outstanding quantity, but no evidence of delivery was produced.
Justice Jaiteh said the unexplained failure to supply the rice, combined with Kebbeh’s dominant control of the company and his representations regarding procurement, raised “serious, substantial, and triable issues that demand explanation.”
Defence Stage to Begin
“Upon careful evaluation of the totality of the evidence, this Court finds that the prosecution has adduced cogent and credible evidence on each essential element of the offenses charged,” the judge ruled.
He accordingly dismissed the no-case submission and ordered Kebbeh to enter his defense pursuant to Section 246 of the Criminal Procedure Act, 2025.
The case will now proceed with Kebbeh expected to respond to the allegations before the court delivers its final judgment.
