By: Isatou Sarr
The Banjul High Court presided over by Justice Z.N. Mboob Tuesday discharged and acquitted Baboucarr M.S. Jobarteh from all charges related to the alleged fraudulent issuance of diplomatic passports.
Jobarteh was the former Director General of Protocol at the Ministry of Foreign Affairs. He was being tried on two counts under the Criminal Code, including making documents without authority and obtaining money by false pretences.
The prosecution alleged that Jobarteh approved diplomatic passports for individuals who were neither diplomats nor entitled to such documents.
It was further alleged that he obtained D175,000 each from Sulayman Keita and Abdul Wahab Jabbie by falsely claiming he could facilitate diplomatic passports for them.
During the trial, the prosecution called several witnesses, including Ndey Njie and Isatou Manneh. The two women testified that they were introduced to an agent, Ousman Drammeh, who promised them American visas and diplomatic passports to ease their travel to the United States.
Njie told the court she paid D350,000 for the process, while Manneh paid D250,000. They said they were taken to the Ministry of Foreign Affairs and later to the Immigration Department to complete documentation, after which they were issued diplomatic passports despite having no diplomatic status.
Manneh, who was seven months pregnant at the time, testified that she later sought a refund after realising that the passports did not guarantee entry into the United States as she had been led to believe.
Inspector Hassan Baldeh, who served on a police panel investigating the matter, testified that the panel identified 41 individuals in possession of diplomatic passports who did not meet the required criteria.
According to the prosecution, the approval forms bore Jobarteh’s signature.
Njogou Saer Bah, a former Permanent Secretary at the Ministry of Foreign Affairs, outlined the approval hierarchy for diplomatic passports. He stated that while the President has the authority to direct issuance to any individual, including non-diplomats, standard applications must meet established criteria.
He maintained that certain approvals including those for students not connected to diplomatic service, did not meet those standards.
Taking the stand in his defence, Jobarteh denied any wrongdoing or receipt of money. He maintained that, as Director General of Protocol, he had authority to sign passport approvals and often acted on directives from the Office of the President.
He testified that after the 2017 change of government, lists of names were submitted by political actors, including one he said was brought by the President’s Chief Driver, which he processed believing it to be official.
In her judgment, Justice Mboob held that the prosecution “woefully failed” to establish the charges beyond reasonable doubt. She found that Jobarteh signed documents in his official capacity and not in another person’s name.
The court also noted the absence of key witnesses, including Abdul Wahab Jabbie, and referenced testimony from Sulayman Keita denying any dealings with the accused.
Justice Mboob criticised the handling of the case by the state, citing inconsistencies and repeated amendments to the charges. While she observed that the evidence suggested possible administrative lapses, she ruled that the specific criminal offences charged were not proven.
Jobarteh was accordingly discharged and acquitted on all counts.
