By Isatou Sarr
Yankuba Badjie, former Director General of the National Intelligence Agency (NIA), has advanced his appeal at the Court of Appeal, seeking to overturn his 2022 murder conviction and death sentence.
Legal counsels Christopher E. Mene and Pauline Bakuri filed an Amended Notice of Appeal on his behalf. The original conviction was handed down by Justice Kumba Sillah-Camara after a five-year trial.
An affidavit supporting the motion, sworn by legal clerk Dawda Faye, states that Badjie initially filed the appeal himself on July 20, 2022, while in prison. After reviewing the ten-volume trial record, counsel Mene concluded that professionally drafted submissions were necessary to replace Badjie’s handwritten appeal, citing the “overriding interest of justice.”
The amended appeal outlines 13 primary grounds, covering pages 6–52 of the trial record. Key grounds include:
- Hearsay Evidence: The defence argues the trial court relied on testimony from a prosecution witness (PW2) who did not witness the alleged acts.
- Co-Accused Statements: Confessional statements from co-accused individuals (Exhibits I, VI, J, XI) were allegedly used improperly against Badjie, despite him not adopting them and the witnesses not being cross-examined.
- Withdrawn Evidence: The appeal notes the court relied on Exhibit XI, which had been withdrawn by the prosecution.
- Conflict of Interest: The defence contends that the prosecution team, affiliated with the United Democratic Party (UDP)—the same party as the victims—created unfairness that the trial judge dismissed.
- Procedural Irregularities: The prosecution allegedly introduced new witnesses during the trial.
- Lack of Representation: Badjie represented himself after his legal team withdrew, a situation the defence calls unfair.
- Judicial Bias: Justice Sillah-Camara is accused of bias and of refusing to recuse herself after some of her rulings were set aside.
- Legal Status and Official Immunity: The defence claims the conviction is a “nullity” based on Badjie’s official role at the time of the alleged offences.
- Official Capacity: Badjie asserts his actions were performed in the course of his duties as NIA Director General.
- Improper Procedure: The prosecution allegedly failed to follow statutory procedures required for NIA personnel.
- Statutory Violations: Sections 16 and 17 of the NIA Act were allegedly not observed.
- Vicarious Liability: The defence argues that criminal liability cannot be inferred solely from Badjie’s rank.
The appeal concludes that the High Court verdict was “unreasonable and perverse” and lacked evidentiary support. The defence seeks a full reversal, including acquittal on charges of conspiracy to murder, forgery, and abduction.
Counsel Mene filed the motion on February 16, 2026, to seek leave to rely on the additional grounds, replacing Badjie’s original self-filed appeal. The State did not object, and the Court of Appeal accepted the new grounds as properly filed.