Three Health Ministry Officials Stand Before Court Facing Charges of Corruption and Economic Crimes

By Landing Ceesay 

Three Ministry of Health officials have been brought before the High Court of the Gambia to face allegations of official corruption, economic crimes, and various other charges.

The three individuals facing arraignment are as follows: Balla Kandeh (the 1st accused), Omar Malleh Ceesay (the 2nd accused), and Muhammadou Lamin Jaiteh (the 3rd accused). The State has presented a total of 21 charges against them.

The charges filed by the State include official corruption, in violation of Section 86(a) of the Criminal Code; failure to fulfill statutory duties, as defined in Section 115 of the Criminal Code; conspiracy to commit a felony, as stipulated in Section 368 of the Criminal Code; and two counts of economic crimes, as per Section 5(a) of the Economic Crimes (Specified Offences) Act, cap 13:07, and punishable under Section 6(1) of the Economic Crimes (Specified Offences) Act.

Additionally, the accused face eight counts of forgery, contrary to Section 318 of the Criminal Code, and seven counts of theft, in violation of Section 252 of the Criminal Code.

During the plea-taking process, Attorney Lamin S. Camara, representing the accused individuals, brought to the court’s attention that count 19 is identical to count 18, and count 20 corresponds to count 21.

Attorney LS Camara further pointed out that count 14 is a duplicate of count 15, and count 16 mirrors count 17.

In response to the concerns raised by Attorney LS Camara on behalf of the accused, Attorney E. R. Donga, representing the state, acknowledged that the mentioned counts are indeed identical.

“I concede that count 14 is the same as count 15, and count 16 is the same as count 17. Count 18 is the same as count 19, and count 20 is the same as count 21. My lord, I am applying for an adjournment to amend the information. We are seeking leave to amend,” Counsel E. R. Donga told the court. 

Counsel LS Camara did not object to the request of the State Counsel.

“My lord, we are not objecting to the adjournment. However, we urge the court to maintain the earlier bail condition for the accused. We are not objecting to the amendment,” Counsel LS Camara told the court. 

Justice Jaiteh then granted the request of the state to amend the bill of indictment against the accused persons. 

“The adjournment sought by the state is hereby granted, and the police bail of the accused is also extended. The leave is granted to the state to amend the information. Meanwhile, I shall push the plea taking pending the amended information,” Justice Jaiteh ruled. 

On the issue of the bail, Counsel LS Camara told the court that the accused persons are not flight risks.

“If they were a flight risk, they would have gone since. Because the charges are already on the internet and they have seen them. They would run away, but they are here to clear their names,” Counsel LS Camara argued. 

In response to Counsel LS Camara’s submission, Hon. Justice Jaiteh said the accused persons are accused of an amount equivalent to D19 million, and the amount they are bailed for by the police is not sufficient.  

“Their bail bond should be at least over D25 million, since they are accused of an amount of around over D19 million. I know you are concerned about them being remanded, but in normal circumstances, they should be remanded,” Hon. Justice Jaiteh said. 

Counsel LS Camara insisted that the accused persons would not run away as they wanted to clear their names. 

Hon. Justice Jaiteh said he would have to revoke the bail granted to the accused persons by the police and set new bail conditions before granting them bail. 

“Given the facts that the offences alleged by the state are bailable offences and do not attract the punishment of death or life imprisonment, the State sought an adjournment, considering that the accused persons are presumed innocent until proven guilty. I shall use the discretion of this Court in their favor and grant the 1st, 2nd, and 3rd accused persons bail on the following terms and conditions: that the 1st accused person (Balla Kandeh), 2nd accused person (Omar Malleh Ceesay) and 3rd accused person (Muhammadou Lamin Jaiteh) are admitted to bail in the sum of D19,000.000.00 (Nineteen Million Dalasis) each: 

“That each of the accused persons shall provide one or two Gambian surety(s) who shall be deposed to an affidavit of means: that the surety(s) shall be an owner of the landed property worth not less than D19,000,000.00 (Nineteen Million Dalasis), and the property shall be valued by a recognized estate valuer or government valuer and provide a valuation report not later than this order of this Court. The surety(s) is to deposit the original title deeds of their property with the Principal Registrar of the High Court,” Hon. Justice Jaiteh ordered. 

Hon. Justice Jaiteh further ordered that the accused persons surrender their travel documents to the Principal Registrar of the High Court.

Hon. Justice Jaiteh also ordered that each accused person be required to attend court for every hearing and on time.

“The police bail is hereby revoked forthwith. Meanwhile, this case is hereby adjourned to Friday, 30th October, 2023, at 10:00 a.m. for continuation of plea taking,” Hon. Justice Jaiteh ordered.