Gambiaj.com – (BANJUL, The Gambia) – In a high-stakes legal maneuver, the State has moved to halt a landmark High Court ruling that compels three senior government officials to testify in the police shooting trial of Ousainou and Amie Bojang.
The motion, filed on Monday, seeks a stay of execution of Justice Ebrima Jaiteh’s June 10 ruling, which allowed the defense to subpoena the officials in connection with public comments they made about the case.
The officials—Government Spokesperson Ebrima G. Sankareh, National Security Adviser Babucarr Jeng, and Deputy Inspector General of Police Modou Sowe—were ordered to appear in court to clarify statements they made following the fatal shooting of two police officers at Sukuta Traffic Lights, an incident that has gripped national attention.
The application to stay the court’s decision forms part of a broader appeal filed by the state at The Gambia’s Court of Appeal on June 12.
In a supporting affidavit, Fatou Waggeh, a clerk at the Attorney General’s Chambers, emphasized the urgency of halting the enforcement of the ruling, citing the need to protect prosecutorial discretion and procedural boundaries.
The defense, led by Counsel Lamin J. Darboe, had successfully argued that the public comments by the officials could potentially prejudice the trial and should be scrutinized in court.
Justice Jaiteh agreed, asserting that the defense is entitled to call any competent witnesses, regardless of whether they gave statements during the police investigation.
“It is a settled principle of criminal procedure that the requirement for a witness to have made a statement to the police or prosecution applies solely to the prosecution’s case,” the judge stated in his June 10 ruling.
He dismissed the prosecution’s objections as lacking merit and stressed the need to uphold the accused’s constitutional right to a fair trial.
Justice Jaiteh’s decision was seen as a strong rebuke of attempts to shield state officials from courtroom scrutiny, especially in a case as politically and socially charged as this one. The judgment set a legal precedent that reinforces the defense’s right to challenge public narratives that may influence the outcome of a trial.
But the state, led by Director of Public Prosecution A. M. Yusuf, is pushing back. The DPP had argued during the hearing that the officials were neither investigators nor directly involved in the police inquiry; thus, their testimony was unnecessary.
The latest motion reiterates this stance, raising concerns about precedent, overreach, and the potential politicization of courtroom processes.
The High Court is expected to hear arguments on the stay application in the coming days, after which Justice Jaiteh will rule on whether to suspend the enforcement of his earlier decision pending the outcome of the appeal.
If granted, the stay would temporarily block the testimony of the three officials—a development that could tilt the momentum of the trial back toward the prosecution.
However, if denied, the ruling would mark a rare instance of senior government figures being subjected to cross-examination in a criminal court, potentially reshaping the contours of accountability in The Gambia’s justice system.
With the High Court asserting judicial authority and the state appealing to preserve prosecutorial control, the outcome could redefine legal boundaries in high-profile criminal prosecutions in The Gambia.
