By: Nicholas Bass
The Director of Public Prosecutions (DPP), A.M. Yusuf, on Monday informed the High Court in Banjul that the State has filed an appeal against the subpoenas issued to three top government officials in the on-going trial of Ousainou Bojang, the man accused of killing two police officers and injuring one.
On 10 June 2025, Justice Ebrima Jaiteh of the Banjul High Court issued subpoenas summoning Government Spokesperson Ebrima G. Sankareh, Deputy Inspector General of Police Momodou Sowe, and National Security Adviser Abubakarr Suleiman Jeng to appear in court and testify as defence witnesses in the high-profile trial.
Appearing before Justice Jaiteh, DPP Yusuf said the State has filed an appeal before the Gambia Court of Appeal, requesting a stay of execution of the subpoenas pending the hearing and determination of the appeal.
In addition, the prosecution is seeking an order directing the court registry to process and transmit all relevant records of the High Court to the Court of Appeal.
According to the affidavit in support of the application, paragraph C states that the Notice of Appeal raises substantial legal issues that merit consideration by the appellate court. The DPP argued that the grounds of appeal are “substantial and arguable,” and neither “frivolous nor baseless.”
Mr. Yusuf further submitted that enforcing the subpoenas before the appeal was decided would render any favorable outcome for the State at the appellate level ineffective. He added that enforcing the High Court ruling would not serve the interest of justice, while stressing that the respondents would not be prejudiced by a stay of execution.
However, defence lawyers Lamin J. Darboe and Adama Sillah, having been served with the state’s notice of appeal and affidavit, requested time to file affidavits in opposition.
Meanwhile, the High Court has maintained its order, warning that any failure or neglect by Mr. Sankareh, Mr. Sowe, or Mr. Jeng to appear as commanded will be considered contempt of court and will be dealt with accordingly.
The matter was adjourned to allow all parties to file and exchange written arguments before the court proceeds to hear the application.
