Abdoulie Saine, the second witness and one-time friend to Saikou Drammeh, told the Court that Saikou Drammeh received €749,965 and $240,000 from Kaddijah Kebbeh through Huruna Kebbeh from Gach for fuel supply, but Saikou Drammeh kept the money.”
The case of GACH Global Trading Company Limited v. Khadijatou Kebbeh & Saihou Drammeh saw a video of a bag full of dollars and euros played in the Court.
The testimony of PW2 Abdoulie Saine centred on a large sum of money allegedly received by the 2nd Defendant, Saihou Drammeh in his present from Kaddijah Kebbeh through her brother Huruna Kebbeh.
However, before the testimony of Abdoulie Saine (PW2), Counsel B.S. Conteh representing the 2nd defendant, Saikou Drammeh, objected to the testimony and adoption of Abdoulie Saine’s statement as his evidence in chief.
This came when Counsel Ida Drammeh for Gach Global asked the witness to adopt his statement as his testimony,
Counsel B. S. Conteh for the 2nd Defendant, Saihou Drammeh, objected, arguing that PW2’s affidavit should not be adopted because it was filed on June 13, 2022, after the writ of summons was filed on December 20, 2021. Counsel Conteh contended that the timing violated Order 23 Rule 14(1) and (6), which he asserted required the affidavit to be filed “together with” the originating process.
The objection met with counter-objections from Counsel Ida Drammeh and Counsel K. Jallow, asking the court to adopt the witness statement and for him to be cross-examined, a ruling from the Presiding Judge.
In his ruling, Justice Jaiteh addressed the sole issue: whether Order 23 (specifically Rule 6 as amended) prevented the witness from testifying because his affidavit was not filed “together with” the writ of summons.
After reviewing the legal framework and the purposive interpretation of Order 23 Rule 6, the Justice noted that the rule has three operative limbs, the third of which allows the affidavit to have been “previously filed and served on other parties to the suit”.
Justice Jaiteh found the following facts undisputed: Writ of summons filed: December 20, 2021, PW2’s affidavit filed: June 13, 2022 and Saikou Drammeh (2nd Defendant) counsel was served in court with the statement of claim and the affidavits (including PW2’s) on October 20, 2022.
Justice Jaiteh concluded that while the affidavit was not filed on the exact same date as the writ, the subsequent service on the 2nd Defendant on October 20, 2022, “satisfies the third limb of Rule 6”.
Justice Jaiteh stated that the purpose of Rule 6—avoiding surprise and ensuring an opportunity to respond—was achieved, and the 2nd Defendant failed to demonstrate any actual prejudice or ambush that would warrant the exclusion of the evidence.
Justice Jaiteh finally overruled the objection and allowed PW2 Abdoulie Saine to adopt his affidavit and be cross-examined.
Following the ruling, Abdoulie Saine proceeded to adopt his written statement and was cross-examined by counsel K. Jallow on Oath.
Abdoulie Saine recounted an event on 20th October 2021, around 9-10 AM, when Harouna Kebbeh arrived at Saikou Drammeh’s house in Brufut and handed two bags to the 2nd Defendant, Saihou Drammeh, saying that Khadijah Kebbeh had asked him to bring them.
Abdoulie Saine stated that Saihou Drammeh opened the bags in the sitting room, which were filled with money in dollars and euros. Saikou Drammeh took a picture of the cash.
Abdoulie Saine further testified that Saikou Drammeh moved to his office with the bags, which contained €749,965 and $240,000.
Saikou Drammeh then asked me to take a video while he counted and calculated the money on his phone and it amounts to 749,965 and $240,000,” Abdoulie Saine stated.
When asked by Counsel K. Jallow for the 1st Defendant about the purpose of the money, Saine replied, “Yes, he said the money was from Kaddijah Kebbeh for fuel supply”
Counsel K. Jallow applied for the video of the money counting to be played in court for confirmation. After the video was played, Abdoulie Saine positively identified the bag in the video as the one brought by Harouna Kebbeh and confirmed the voice in the video was his.
When asked about the conversation in the video, Saine stated that it was him and Saikou Drammeh. Abdoulie Saine also confirmed that the hands visible in the video, while he was recording, are Saihou Drammeh’s hands. When asked the language proverb heard in the video, he replied it’s Saikou Drammeh’s favourite proverb that he does frequently.”
Full testimony of Abdoulie Saine coming. The background of the Civil suit
The civil suit involves former Gach employee Kaddijatou Kebbeh (1st defendant) and ex-Gam Petroleum managing director Saikou Drammeh (2nd defendant).
Gach Global Trading Company is pursuing the recovery of D58,961,150, alleging fraudulent acquisition and retention by the defendants. Additionally, the company seeks $221,000, claimed to be fraudulently obtained as payment for petroleum products supplied by the Gam Petroleum Storage Facility, and $1,600 as a commission paid to Ms Kebbeh for facilitating a petroleum product agreement dated 16 September 2021.
The plaintiff (GACH Global) is also seeking D1,000,000 for legal and administrative fees, with an interest rate of 24% from August 31, 2021, until the judgment date, and a subsequent rate of 4% until full payment.
By Kexx Sanneh.
