The civil suit involving GACH Global against Khadijatou Kebbeh and Saikou Drammeh reached a critical juncture during the cross-examination of prosecution witness Abdoulie Saine.
The proceedings shifted from a business dispute into a deeply personal confrontation, involving allegations of professional misconduct, hidden videos of cash transactions, and conflicting police statements.
Counsel B.S. Conteh continues cross-examining Abdoulie Saine, the second plaintiff witness.
Counsel B.S. Conteh: Mr Saine, is it not true that you recently called Saikou Drammeh to tell him about a fuel business you want to engage him in? Is that correct?
Abdoulie Saine: Can I answer that? Yes, and that was two weeks ago. A friend of mine brought a vessel and he needed a customer. I introduced him to Saikou. So, what is the problem? We don’t have any problems.
Counsel B.S. Conteh: I am putting it to you that Saikou told you he is not dealing with you and that you should stop calling him, as he has no business with you.
Abdoulie Saine: That is not true. If I show you the conversation Saikou sent me, you will be surprised. He was asking me, “Boy, how much are you going to pay me for my commission?” I have it on my phone. He was asking me, “Bro, how much are you going to give me as my commission?” We were talking about commissions.
Counsel B.S. Conteh: Mr Saine, I am telling you that Saikou is done with you, and all of Saikou’s friends are done with you. They know that you just came to this court and you don’t know anything about this case; you are just trying to lie against him to implicate him.
Abdoulie Saine: Mr Conteh, you yourself know that I am not lying. We had a lot of conversations in your office at 10 o’clock at night. Several hours later, when the police were calling you asking for Saikou to come for bail, you were calling me and begging me.
You were calling me and begging me because the police were disturbing you, so that I could talk to Saikou to come. When Saikou refused to pay you, I forced Saikou to make sure that he gave you money when you had an accident with your car, because you were tied to the Saikou case and you never received anything. I made sure that he gave you money. I was doing that.
So, you and I know what I am saying here. There is absolutely nothing called a “lie” in my statement here. Nothing absolutely.
Counsel B.S. Conteh: Mr Saine, let me tell you this: I don’t need a dime from Saikou. I don’t need anything from Saikou.
Counsel I. Drammeh: My learned friend cannot give evidence.
Counsel B.S. Conteh: I never asked Saikou to give me money. I was just helping Saikou for free. I don’t need anything from Saikou, including this. Saikou is like a little brother to me because his father is my uncle. That’s it.
Abdoulie Saine: Mr Conteh, I will just leave it like that because you are a lawyer and you will not work for anybody for free. We all know that.
So, you were calling me when Saikou refused to pay you. I played a big role, and I think you should appreciate me. I played a big role. So, just appreciate me.
Counsel B.S. Conteh: Mr Saine, were you present when Kuringo was paying Khadijatou Kebbeh the one million euros?
Abdoulie Saine: No, I was not present.
Counsel B.S. Conteh: Mr Saine, were you also present when Khadijatou Kebbeh was giving that money to Saikou Drammeh?
Abdoulie Saine: Which money?
Counsel B.S. Conteh: The one million euros.
Abdoulie Saine: When Khadija’s brother giving the money?
Counsel B.S. Conteh: Yes, were you present?
Abdoulie Saine: Yes, I was present when Khadija’s brother was giving Saikou the money.
Counsel B.S. Conteh: I am putting it to you that you were not present. In fact, money was never given to Saikou. You are not telling the truth.
Abdoulie Saine: Mr Conteh, I swear on the Quran, I was sitting there. Mr Haruna Kebbeh came with another guy called Mbye in a Mercedes-Benz. I was the one who made the video of the money being played in court that very day. So, what are you talking about, saying I was not present?
Counsel B.S. Conteh: I am putting it to you that the video you’re talking about showed nothing because there was no voice, no language spoken, and no identification of Haruna Kebbeh delivering the money in the video. I don’t understand why you filmed Saikou Drammeh and didn’t film Haruna Kebbeh, who was delivering the money.
Abdoulie Saine: I already said that at the time Haruna Kebbeh was giving the money, I was sitting in the living room. We went out and came in. Can’t you see there are two videos?
The one in the living room was dark; that’s why we went to the office. It was I who was talking with Saikou. So, I was there. I was at the police station with Saikou. I confronted Saikou.
Counsel B.S. Conteh: So now it is confirmed to this court that when Haruna was giving Saikou the money, wherever he was giving it, you were not present there.
Abdoulie Saine: I was present, Mr Conteh.
Counsel B.S. Conteh: So why, then, did the video not capture Haruna?
Abdoulie Saine: No, Haruna didn’t even spend 30 seconds at the house. Haruna left. Saikou and I started opening the bags. At the time we were doing that, it was only Saikou and me, and I took the video. Mr Conteh, the evidence is there.
Counsel B.S. Conteh: Mr Saine, I am putting it to you that the video you took has nothing to do with that money. That video has been played in the criminal trial and it has been thrown out. There is no merit in the video.
Counsel I. Drammeh: My learned friend in fact, I will be bringing an application regarding him being in the witness box because my learned friend is essentially acting as a witness in the case. This cannot be allowed.
Counsel B.S. Conteh: My Lord, this case has come in three folds, and all this evidence is not new. All these mentions of me are not new; they have been before different judges, and he was there.
All of it has been thrown out by the court because there is no merit or supporting evidence. So, if you want to make an application, make it. I am telling the witness that what he is saying is not true. He is a witness who was dumped by his friend, and he is coming to this court to lie.
Justice Jaiteh: Counsel Conteh, let’s stick to a question-and-answer format and avoid making statements; otherwise, it will create confusion in the proceedings. Your job is to ask questions, and his is to answer them.
Counsel I. Drammeh: We are grateful.
Counsel B.S. Conteh: Mr Saine, I am putting it to you that Saikou Drammeh didn’t receive any money from Haruna Kebbeh nor from Khadijatou, and that the money you saw in that video doesn’t belong to Gach.
Abdoulie Saine: I am saying it is exactly what I saw in the video. It is the money from the video I took myself of Saikou Drammeh and me. When Haruna Kebbeh gave Saikou the money, Saikou Drammeh told me it was Khadija who gave him the money. When I confronted Saikou at the police station, I told him to return the money. I called you because I forced Saikou Drammeh to return the money.
Counsel B.S. Conteh: Mr Saine, I am putting it to you that you never told Saikou to return the money, and Saikou never admitted that he received the money. Also, you never called me to tell Saikou to return the money.
Counsel I. Drammeh: Three rolled-up questions.
Counsel B.S. Conteh: I am putting it to you that you never told Saikou Drammeh to return the money and that money didn’t belong to Gach Global.
Abdoulie Saine: Mr Conteh, Saikou Drammeh was angry because there was a time he told me, “Did you see what Badou Conteh did?” and I said, “What?” He said Badou Conteh went to the station where they questioned him, and he said that I was the one who instructed him to go for the payment of the fuel from Jah Oil to give it to Gach Global.
I asked him why he was angry, and he said Badou Conteh shouldn’t have mentioned his name. I replied to him, “But you sent him, because you told me to call Badou Conteh.”
Counsel B.S. Conteh: No, no, my statement at the police no.
Counsel I. Drammeh: No, no. This is why we have a problem; you cannot give a statement.
Justice Jaiteh: You have to ask a question and not make a statement.
Counsel B.S. Conteh: I am putting it to you that the police never asked me who paid the money at the station. The police knew it was the international supplier who paid the money after they confirmed with Jah Oil. After they looked at the video, they saw that I didn’t even touch the money.
Counsel I. Drammeh: Again, he is giving evidence. He is giving evidence about the video and about other matters. He can only ask questions. This problem arises because of the conflicted position he is in. You were a witness in the main case; now you are acting as counsel.
Counsel B.S. Conteh: No, I am telling you that I haven’t made that statement to the police; otherwise, the police would not say the international supplier paid the money to Jah Oil. But Jah Oil didn’t know their name and put my name on the receipt.
Abdoulie Saine: That didn’t happen, Mr Conteh. You went to Jah Oil with IBM. I told Saikou to do it. So, you went to Jah Oil.
Counsel B.S. Conteh: Mr Saine, I am putting it to you that my friend Bai Mass Saine, who was a banker at Standard Chartered, knew where the Jah Oil location was, and I simply accompanied him to show the international supplier where the place was.
Counsel I. Drammeh: I am sorry, but this is not a question. He is giving evidence. My learned friend is giving evidence. We may have a situation where we need to put my learned friend’s statement to the police into the re-examination, My Lord. Because now it has become about what he did, what he didn’t say, and what he didn’t do.
Counsel B.S. Conteh: My Lord, the witness mentioned something about me at the police station, and I have the right to ask him because that was not in the statement at the police station. I have never said that Saikou Drammeh sent me to pay money. That is not there. That’s not true.
Abdoulie Saine: That is true, Mr Conteh. I even have two documents, one from Jah Oil. I have the evidence with me in my phone, in which Jah Oil mentioned that you, B.S. Conteh, said you were instructed by Saikou Drammeh to come and make the payment.
The other one is at the police station, and the police told me, “We are here with your guy.” They told me they went to Jah Oil and found out it was you (Badou Conteh) who made the payment with IBM.
They called you for questioning and you wrote a statement there. Saikou Drammeh was angry, and I told him, “That’s good, what is the problem?” because he wanted you (Saikou Drammeh) to pay the money. So, I didn’t see anything wrong with what you were doing; you were helping your friend.
Counsel B.S. Conteh: Mr. Saine, I am putting it to you that all the statements you put in your affidavit are not true. You only did it because you don’t want Saikou’s wife to follow you for that 1.3 million.
Abdoulie Saine: Mr. Conteh, that is your opinion and I will accept it as yours. But I don’t need anything from Saikou. Like I told you, when I was traveling to hustle, Saikou Drammeh had a salary of D3,000. If you guys don’t know my relationship with Saikou:
Saikou Drammeh used to eat in my house. So, I don’t need anything from Saikou. Absolutely nothing.
Counsel B.S. Conteh: I am putting it to you that this video you are relying on has been transcribed and nothing of substance is said in this video. All you are trying to do is just implicate your friend who abandoned you.
Abdoulie Saine: Why would Saikou abandon me? Do I need to be abandoned? I have a Swedish passport; I don’t need Saikou to “abandon” me. I don’t need anything from Saikou. I need absolutely nothing from Saikou.
I was just an honest friend telling him the truth. And if I were you, I would advise him to pay back the money as a Muslim. That is what we need to do. It’s been a while. I think that is the advice you should give Saikou, Mr. Conteh.
Counsel B.S. Conteh: I am finally telling you that you are a totally discredited witness and you are not telling the truth. The evidence you give here has no supporting evidence. As the court wishes.
Abdoulie Saine: Everything I said here is nothing but the truth. This is what happened. I witnessed everything. Khadijah gave her brother the money and Haruna Kebbeh gave the money in front of me; we counted it in euros and dollars. They were arrested; Saikou Drammeh confirmed it to me, and also Abubakary. All that time, Khadijah and I were pressing Saikou to pay the money back.
Justice Jaiteh: Do you have any questions for re-examination, Counsel Drammeh?
Counsel I. Drammeh: Yes, My Lord.
Re-examination by Counsel I. Drammeh
Counsel I. Drammeh: My learned friend asked certain questions to the witness in which he suggested certain things about the Jah Oil matter. With the permission of the court, I would like to tender the statement of Mr Conteh in relation to that matter.
Justice Jaiteh: Do you have the statement?
Counsel I. Drammeh: Yes, I have the statement, and I even have the statements of Hamidou Jah and Bai Mass Saine. I would like to tender their statements, as my learned friend mentioned them as well.
Justice Jaiteh: Through whom?
Counsel I. Drammeh: Through this witness.
Justice Jaiteh: Where are the statements?
Counsel I. Drammeh: I have them. I just need to print them. They are here.
Justice Jaiteh: Send them to Mr. Jawara (Clerk of the Court) and he will upload them so we can see the statements.
Counsel I. Drammeh: Certainly, My Lord.
Counsel B.S. Conteh: There is nothing in those statements. But the procedure is that we should have come to an earlier ruling. Those statements should have been pleaded through the witness, but you cannot come in the middle of a cross-examination and say you are putting in those statements.
There is nothing in those statements, but it is wrong for them to come in through this witness now that we have closed pleadings and are cross-examining. This is unknown to the law. That is what I am appealing in this ruling. He had them all this time without putting them in.
Counsel I. Drammeh: This arose out of the cross-examination. And if My Lord were to look at the Evidence Act, when new matters arise in cross-examination, we are allowed to ask questions on them.
Justice Jaiteh: I gave a ruling this morning on the production of documents. It is quite detailed regarding witnesses in the witness box. Sections 220 and 221 of the Evidence Act make it clear. When the court receives a document and inspects it, whether there is an objection or not, if I feel it relevant, under Section 220 I can still admit the document. That is in the discretion of the court.
Also, I gave a similar ruling in Madiki Jannah this morning. Regardless of the situation, Section 220 of the Evidence Act allows us to ask them to produce the documents, then the court will inspect them. If they are relevant, the court can admit them into evidence.
It is lawful and part of our procedure. However, I am mindful that we are way past our time, and I am aware that the witness has to go to Sweden this Saturday. If you bring this issue up, he may have to stay, or they may need the opportunity to cross-examine those documents.
So, if that is the case, we can look at it, because we still have to give Counsel Conteh an opportunity. The documents are mentioned by the witness, but the documents are coming from you (Counsel Drammeh). We must know whether these documents are, in fact, the ones Counsel Conteh is referring to. Show the documents to Counsel Conteh.
Counsel I. Drammeh: So, here are the documents.
Justice Jaiteh: What is the relevance of the documents in this case?
Counsel I. Drammeh: Because, My Lord, the witness’s credibility has been impugned. There was much said about what happened at the police stations, and we have documents showing that what he is saying is actually the truth.
Justice Jaiteh: Do you want to say something, Counsel Conteh?
Counsel B.S. Conteh: Those documents are irrelevant in this matter. The witness has been cross-examined; it is up to him to deny or disagree with whatever I say, and he is disagreeing.
These documents have no bearing because what he says is in the document is not actually in the document. I didn’t say that Saikou sent me. I have never seen a trial where the court allows a document into a cross-examination after I have finished with my cross-examination. I don’t know that in law, but it depends on what the court will do.
Justice Jaiteh: I say Section 220.
Counsel K. Jallow: My Lord, just to add: a question was asked during the cross-examination by my learned senior, and the witness answered. My learned senior said, “I did not go to pay, it was my friend Bai Mass; I was just accompanying him.”
The witness statement of Counsel Badou Conteh here confirms that he went to pay, and Bai Mass is also saying that he was accompanying Badou Conteh to go and pay. So, these are relevant documents that arise as a result of the cross-examination.
Counsel B.S. Conteh: In my cross-examination, I said that the international supplier came to pay, we accompanied him, and my friend knew the Jah Oil location and showed him the place. So, it’s not me who paid.
Justice Jaiteh: I understand. The cross-examination is over. We have re-examination.
Re-examination is permitted by the Evidence Act under Section 192, subsection 3, for matters that arose from cross-examination. If new matters come with the leave of the court, they can still be allowed. The court must see all facts. We cannot have evidence locked away. I must have everything to make an informed decision.
So, considering that these statements were made under Section 202, the essence of cross-examination is testing the witness’s credibility. I will grant permission to look at these statements. Mr. Jawara, can you please enlarge the statement to see if that is the statement of Counsel Conteh?
Justice Jaiteh asked: So, what is relevant here, Counsel Drammeh?
Counsel I. Drammeh: This is direct proof regarding the question that was raised which had not been raised previously in relation to the payment made by counsel on behalf of his client.
Justice Jaiteh: Which statement is that?
Counsel I. Drammeh: This is Counsel Badou S. Conteh’s statement. It reads: “I and Bai Mass Saine accompanied IBM to Jah Oil to purchase fuel. I am the legal counsel for Saikou Drammeh. The purpose was to buy fuel for Gach Global.”
Counsel B.S. Conteh: Where did it state that I brought the fuel? Is IBM not the international supplier who paid for the fuel? So, how did I pay? When the police looked at the CCTV video, they told me I was right. Bai Mass is a credible witness.
The police knew that I didn’t pay for the fuel. I didn’t even see the money and I had an accident on the way. Absolutely, the statement is irrelevant.
Justice Jaiteh: We will look at it and see. The statements speak for themselves; no oral testimony can alter them. Documents speak for themselves. Let me deliver a ruling
Ruling
Justice Jaiteh: Counsel I. Drammeh for the plaintiff, in the re-examination of PW2, sought leave of court to admit the police witness statements of Badou Conteh, Bai Mass Saine, and Hamidou Jah into evidence, as these relate to matters referred to in cross-examination by Counsel B.S. Conteh.
Leave was granted, and Counsel produced the said documents. The court has inspected the documents and finds they are related to matters referred to in cross-examination.
This is permissible under Section 221 of the Evidence Act, which provides that a witness summoned to produce a document shall bring it to court notwithstanding any objection to its production or admissibility.
Furthermore, Section 220, subsection 2 empowers the court to inspect the document to determine its admissibility. Since these police witness statements are relevant to issues raised in cross-examination, I shall admit them into evidence and mark them as follows:
1. Exhibit C1: The police witness statement of Badou S.M. Conteh.
2. Exhibit C2: The police witness statement of Hamidou Jah.
3. Exhibit C3: The police witness statement of Bai Mass Saine.
The weight to be attached to these documents shall be determined at the end of the trial. Respective counsels are to be served with copies of the said exhibits.
Justice Jaiteh: Any other questions, Counsel Drammeh?
Counsel I. Drammeh: No, My Lord.
Justice Jaiteh: The witness is discharged.
Counsel I. Drammeh: That is the case for the plaintiff.
Justice Jaiteh: Counsel for the first defendant, when are you coming with your witness?
Counsel K. Jallow: My Lord, we are yet to confirm when our witness will be present to testify. I am still minded to provide My Lord with documents to consider your decision.
Justice Jaiteh: What is the problem with the witness? Is it that she is afraid she will be arrested? She will come one day, we will deal with her, and she will go about her normal life just like this witness. You cannot run away from the court. The long hand of justice must hold you one way or another.
Counsel K. Jallow: We aren’t saying she will not come.
Justice Jaiteh: When do you think your witness will come?
Counsel K. Jallow: We aren’t sure, but we will take a date next term. The first defendant, Khadijatou Kebbeh, has been ready to participate in this trial, as evidenced by her filings and defense.
It is in the interest of justice that she be allowed to come before the court, adopt her statement, and be cross-examined. We are asking for an adjournment for the next term. In the meantime, the second defendant (Saikou Drammeh) could be put in the box so progress can be made.
Counsel B.S. Conteh: My Lord, I disagree with that request. Let the first defendant be in the box on the next adjourned date to be cross-examined. I cannot drag this matter out longer. I stayed until 17:00 today to finish with the witness. Let the first defendant come first.
Justice Jaiteh: Counsel K. Jallow, if you have another witness, let them come, and then have the first defendant.
Counsel K. Jallow: My Lord, there is another matter involving Khadijatou Kebbeh. My client is worried about her two-year-old son if she is arrested upon arrival in The Gambia. We have to take that into consideration.
Justice Jaiteh: She is coming here by a court order. They cannot arrest her and take her somewhere else when the court needs her here. That court order supersedes any other order. The IGP or anyone else cannot go and arrest her while she is here on a court order.
Counsel K. Jallow: That is why we are seeking Your Lordship’s indulgence for a short adjournment, especially as the court is going into vacation.
Justice Jaiteh: A court order is a court order. If anyone obstructs it, they have to come and explain why they violated it. Whatever other issues she has with the law cannot prevent us from proceeding.
Counsel I. Drammeh: Let’s take a date, and if the first defendant isn’t here, we will proceed with the second defendant.
Counsel B.S. Conteh: Let my learned senior be fair to me. They have been conniving. This is a fair trial. I stayed until 17:00 to finish this. Let her be in the box next. Who is going to arrest her, and for what?
Counsel K. Jallow: She has her affidavit here explaining why she wouldn’t come.
Counsel B.S. Conteh: That affidavit doesn’t say anything; she should have provided supporting documents.
Justice Jaiteh: Let’s take a date, Counsel Jallow.
Counsel K. Jallow: The 8th of January.
Counsel B.S. Conteh: My Lord, I am tired of this matter and want it concluded. I will not allow long adjournment now. It’s not fair to me. The court allow everything from them. That’s not fair
Counsel K. Jallow: My Lord, you heard Counsel Conteh calling me rude. I will not take that from senior counsel. We are colleagues at the bar and he cannot speak to me like that.
Counsel B.S. Conteh: My Lord, I was on my feet and she was saying I am calling the court biased.
Counsel K. Jallow: You said that whatever we say is what the court does, and it’s not in your favor. I simply asked if you were accusing the court of being biased. Then you turned around and called me rude. That is not the language of the court. I am only doing my job. Respect is reciprocal. Because I am a junior or a lady, I will not take it.
Justice Jaiteh: Counsel Conteh, insults are out of order. I do not appreciate that. You must have respect for the court and the temple of justice.
I will caution you for the last time. Next time, I will use my judicial powers. We are honorable members of the bar. I need to see counsels in chambers.
The case adjourned to 14th January 2026.
By Kexx Sanneh.
