Lang Tombong & Co appear before the Supreme Court
Wednesday, June 20, 2012
Lang Tombong Tamba, ex-Chief of Defence Staff; Lamin BO Badjie; Omar Bun Mbye; Gibril Ngorr Secka; Kawsu Camara; Abdoulie Joof; and Modou Gaye, ex-deputy inspector general of Police Tuesday appeared before the Supreme Court of The Gambia, presided over by seven panel of Judges following their appeal filed before the said court.
The appellants appeal came in the wake of the Gambia Court of Appeal dismissal of their appeal on the 14th April 2011 with the lead judgment of the court delivered by Justice Joseph Wowo, the president of the said court.By an information filed in the High Court on the 16th March , 2010, the appellants were together with two others at large, charged with one count of conspiracy to commit treason contrary to Section 35(1)(g) and two counts of treason contrary to Section 35(1)(a) and Section 35(1)(d) of the Criminal Code Cap 10 Volume 111, Laws of The Gambia.
Following an application by the state to withdraw the charges against one Colonel Ndure Cham and Omar Camara who were both said to be at large, the appellants were all arraigned on the 17th March, 2010 and they all pleaded not guilty to the charges against them.
The trial of the appellants commenced on the 22nd March, 2010 before the High Court, presided over by Justice Emmanuel A. Amadi and on the 13th May, 2010, the prosecution closed its case after which a submission of no case was made on behalf of the appellants. On the 17th May, 2010 Justice Emmanuel A. Amadi delivered a ruling on the submission of no case made on behalf of the appellants and rejected the same and ordered that each of the appellants enter into his defence.
Each of the appellants gave evidence in defence and all were convicted on counts one and two of the charge, i.e. contrary to Sections 35(1)(g) of the offence of conspiracy to commit treason, and 35 (1)(a) of the offence of treason. All the appellants were each sentenced to death in respect of the said counts on the 15th July 2010.
Being dissatisfied with their conviction and sentence, the appellants filed a notice of appeal on the 23rd July 2010 in the Gambia Court of Appeal. The brief of the appellants were filed on the 7th February, 2011 and the Gambia Court of Appeal dismissed the appeal and again dissatisfied with the judgment of the Gambia Court of Appeal, they all filed separate and individual appeals to the Supreme Court of The Gambia in May 2011.
The appeals of the appellants were consolidated following an application made on their behalf and an order of consolidation was made by the Chief Justice, Emmanuel A. Agim, sitting as a single Judge of the Supreme Court. At Tuesday’s sittings, the appellants’ counsel Lawyer S.M Tambedou informed the court that he filed brief on behalf of the appellants on the 18th June ,2012 and served copies on the state/respondent, director of Special Litigations.
In his response, Simeon Ateh Abi, the deputy director of Special Litigation admitted that the state received the copy of the appellant brief around 2:00pm on the 18th June, 2012, adding that it was still within time to file statement of argument. Meanwhile, the matter was adjourned to the 25th June, 2012 for mention.
Author: Sidiq Asemota