The lawsuit filed by former Deputy Commissioner Sambujang Fatty against the IGP and Attorney General intensified in the courtroom. Is this a case of termination or a breach of regimental discipline? See the cross-examination of AIG Ebrima Bah by Counsel K. Jallow.
Below is the full cross-Examination of AIG Ebrima Bah in the case of Sambujang Fatty v. Inspector General of Police & Attorney General.
Counsel K. Jallow: Mr Bah, are you aware that the plaintiff, Sambujang Fatty, was as of 2022–2023 serving the UN?
AIG Bah: Yes.
Counsel K. Jallow: Do you know where he was serving the UN from?
AIG Bah: Southern Sudan.
Counsel K. Jallow: Is it correct that Sidi Mutarr Touray, the current IGP of The Gambia, was at one time working for the Gambia Immigration Department?
AIG Bah: Yes, he was.
Counsel K. Jallow: And is it correct that Sidi Mutarr Touray served the Gambia Immigration Department for over three decades?
AIG Bah: I should think so. I’m not so certain, but I should think so.
Counsel K. Jallow: Is it correct that Sidi Mutarr Touray’s joining the police was his first appointment as IGP?
AIG Bah: Yes, it was.
Counsel K. Jallow: At the time Sidi Mutarr Touray was appointed as IGP, what was your position?
AIG Bah: I was the Assistant Inspector General of Police, Operations.
Counsel K. Jallow: Were you promoted after Sidi Mutarr Touray assumed office as IGP?
AIG Bah: I was promoted seven years earlier, before he assumed the position of IGP.
Counsel K. Jallow: After that date, have you been promoted?
AIG Bah: I was never promoted.
Counsel K. Jallow: You said the plaintiff was working at the UN in South Sudan are you still standing by that?
AIG Bah: Yes, he was working there. In South Sudan.
Counsel K. Jallow: How do you come to know that the plaintiff was working in South Sudan?
AIG Bah: As a police officer, I know every police officer who is deployed to the UN.
Counsel K. Jallow applied to have exhibit SF11 and asked are you aware that the plaintiff resigned from his UN position?
AIG Bah: I am not aware of that.
Counsel K. Jallow: Since you were not aware that he resigned, when you saw him in The Gambia, did you ask him why he had left the UN?
AIG Bah: I never asked him.
Witness AIG Bah was shown Exhibit SF11, the resignation letter from the plaintiff to UNOPS Tanzania, dated 30 June 2023
Counsel K. Jallow: Mr Bah, kindly tell this court who is the author of Exhibit SF11 and the address of the author.
AIG Bah: The author, as indicated, is Sambujang Fatty. The address at the top reads: UN Office for Project Services, Tanzania.
Counsel K. Jallow: Please read the first paragraph of Exhibit SF11.
AIG Bah: “I am writing to formally resign from my position as UNOPS Tanzania office as law enforcement specialist, effective 30th June 2023.”
Counsel K. Jallow: From Exhibit SF11, are you now aware that the plaintiff did resign from his position?
AIG Bah: I am just seeing it today.
Counsel K. Jallow: At the time the plaintiff returned to The Gambia, who was the IGP?
AIG Bah: In 2023, Abdoulie Sanyang was the IGP.
Counsel K. Jallow: Is it correct that the plaintiff, Mr Fatty, was promoted by the IGP in 2022?
AIG Bah: I can’t remember.
Counsel K. Jallow: And because you cannot remember, you cannot tell this court what position he was promoted to, if any?
AIG Bah: I know he was promoted to Assistant Commissioner. But when exactly he was promoted, I can’t remember.
Counsel K. Jallow applied to have Exhibit 1, the report of the Investigation Committee.
Counsel K. Jallow: Is it correct that you appeared before the investigation committee at the PMO in respect to this matter
AIG Bah: Yes, I did
Counsel K. Jallow: And it’s your evidence that when you appeared before the commission the plaintiff Sambujang Fatty wasn’t present.
AIG Bah: Yes, he wasn’t present
Counsel K. Jallow applied for the witness AIG Bah to be shown Exhibit 1 and requested that AIG Bah look at page 11
Counsel K. Jallow: Mr Bah from exhibit 1 at page 11 it’s correct that it’s your testimony you’re giving to the committee that was recorded there
AIG Bah: It’s my testimony
Counsel K. Jallow can you kindly read paragraph 5 where it started with AIG Bah informed the committee
AIG Bah reads: “AIG Bah informed the committee that Mr Fatty was promoted by the former IGP in 2023 from the rank of superintendent to assistant commissioner skipping the rank of chief superintendent while he was in secondment”
Counsel K. Jallow: Is it correct that as of 2022 there was no promotion committee at the police
AIG Bah: There was no promotion committee as of that year. I can’t remember
Counsel K. Jallow: It’s therefore correct that it’s only after the coming of the current IGP that a promotion committee was established
AIG Bah: Yes, it is the current IGP who established a promotional board
Counsel K. Jallow: And therefore, there was a query about the promotion of the plaintiff Sambujang Fatty.
AIG Bah: It wasn’t proper as per the General Order (GO). You cannot be promoted while you’re on secondment
Counsel K. Jallow: Now tell this court that there was no promotional committee established by the former IGP Abdoulie Sanyang. Tell the court what other mechanisms were used to promote the police officers at the time.
AIG Bah: Well, the only mechanism is by a promotional board for senior officers and junior officers and the promotion is composed of the IGP and the senior management team. That’s the commissioner and the Pillar heads
Counsel K. Jallow: You will agree with me that the former IGP has served the police longer than the current IGP. Is that correct
AIG Bah: I do think so
Counsel K. Jallow: Please answer the question yes or no
AIG Bah: Yes
Counsel K. Jallow: Take a look at Exhibit 1 at page 11, it was you who informed the committee of the charges to be levied against the plaintiff. Is that correct?
AIG Bah: They asked me my opinion. I told them what my opinion was.
Counsel K. Jallow: And at that time, when you were making such an opinion to the committee, the police must have investigated this matter at their level?
AIG Bah: The police never investigated him.
Counsel K. Jallow: Mr Bah, it is your evidence that Mr Sambujan Fatty was summoned to a meeting at the Police Headquarters. Is that correct?
AIG Bah: Yes. He was summoned to a meeting at the Police Headquarters.
Counsel K. Jallow: And during this meeting, he was asked to leave because he refused to put aside his phone. Is that correct?
AIG Bah: Yes. He disobeyed lawful orders by the DIG.
Counsel K. Jallow: And is it also correct that he was accused of recording the meeting?
AIG Bah: He was asked to leave because we saw him fiddling with his phone. We suspected he was recording.
Counsel K. Jallow: Apart from suspecting that he was recording the meeting, was his phone at any point seized to confirm the same?
AIG Bah: I wouldn’t know.
Counsel K. Jallow: Were you present at that meeting?
AIG Bah: I was present.
Counsel K. Jallow: You were present. Was his phone taken away to confirm whether he was recording or not?
AIG Bah: It was not taken away from him.
Counsel K. Jallow: Therefore, the reason for sending him out was that his recording was a mere suspicion. Is that correct?
AIG Bah: Yes, we suspected that he was recording.
Counsel K. Jallow: Mr Bah, you told the committee your opinion on what their findings should be in respect of the investigation. Is that correct?
AIG Bah: Yes, they asked me and I answered them.
Counsel K. Jallow: Mr Bah, did you at any point provide the committee with documentary evidence to support your assertions against the plaintiff specifically that his acts would cause national security issues?
AIG Bah: No, the police are a regimental institution obey and complies. When you’re giving a lawful instruction you obey. He was asked to leave his phones outside, but he refused. Because he refused a lawful order by the DIG and he refused who was acting on behalf of the IGP and he was asked to go outside
Counsel K. Jallow: Tell this court where the IGP was at the time the meeting was convened.
AIG Bah: The IGP was out of town on an official mission.
Counsel K. Jallow: Therefore, who was the highest-ranking officer in his absence?
AIG Bah: The Deputy Inspector General of Police.
Counsel K. Jallow: And is it correct that the petition filed by the plaintiff was against the senior management of the police?
AIG Bah: Yes, it is.
Counsel K. Jallow: Is it correct that the members present at that meeting were AIG Ebrima Bah, DCP Boto Keita, and DCP Malang Jarjue?
AIG Bah: Correct.
Counsel K. Jallow: Is it correct that these persons are part and parcel of the senior management of the police?
AIG Bah: They are part of the senior management, as they represent their respective pillar heads.
Counsel K. Jallow: And because they are part of the senior management, and the petition was directed against the senior management, was there any other committee set up to investigate the matter apart from those same senior management officers?
AIG Bah: Within the police, no.
Counsel K. Jallow: Mr Bah, were you present when Sidi Mutarr Touray, the present IGP, gave his testimony to the committee?
AIG Bah: I was not present, and I was not supposed to be present.
Counsel K. Jallow: When Sidi Mutarr Touray joined the Gambia Police Force as IGP on the 15th of March 2024, is it correct that he had little knowledge of how the police is run?
AIG Bah: I wouldn’t say that. I don’t know what he knows.
Counsel K. Jallow: Is it correct that he was being guided by the officers he met on the ground to familiarise himself with the administration of the police?
AIG Bah: No
Counsel K. Jallow: Is it correct that it’s Seddy Mutarr Touray who introduced the modern naturalisation procedures system of the police?
AIG Bah: There’s nothing like modern naturalisation in the police
Counsel K. Jallow: Is it correct that Mr Touray has a specialisation in immigration matters, having served at the Immigration Department for over thirty years?
AIG Bah: I assume.
Counsel K. Jallow: Is it correct that the plaintiff was heading the division responsible for planning, policy development, research, and training coordination?
AIG Bah: Yes, he was.
Counsel K. Jallow: And as the commissioner responsible for that portfolio, he had staff and police officers working under him?
AIG Bah: Yes, he has.
Counsel K. Jallow: Mr Bah, apart from the petition the plaintiff wrote against senior management, did you ever have any previous encounter with him?
AIG Bah: No.
Counsel K. Jallow: Was Commissioner Samba Jawo also recommended to be punished in this matter?
AIG Bah: Yes, that is what I saw in the report from the investigation panel of the Public Service Commission. He was recommended to be punished.
Counsel K. Jallow: Is it therefore correct that he was also being investigated by the committee?**
AIG Bah: He was not investigated. He gave testimony and was then recommended for punishment — because the investigation revealed that he violated the laid-down rules and procedures of the Public Service Commission.
Counsel K. Jallow: Is it correct that if Mr Fatty did not report to you, he could also report to Commissioner Jawo?
AIG Bah: If I’m not there, he can report to Jaw.
Counsel K. Jallow: Is it correct that Mr Fatty has at all times been reporting to Commissioner Jawo?
AIG Bah: I can’t attest to that, because I’ve never seen him reporting to him — but I assume he was.
Counsel K. Jallow: Mr Bah, when you said Commissioner Jawo flouted the rules of the Public Service Commission, what exactly did you mean?
AIG Bah: Sambujang Fatty was part of the batch of officers promoted that year. A decoration ceremony was scheduled, attended by the IGP and many dignitaries. Without explanation, without lawful excuse or permission, Sambujang Fatty deliberately absented himself from the ceremony.
A few days later, he conducted his own separate decoration ceremony, presided over by Commissioner Samba Jawo and Commissioner L.K Bojang which is against the rules. He was obligated to attend the official ceremony ordered by the IGP. He did not attend, did not seek permission, and was not given permission.
He then organised an unofficial ceremony, and hence he and those who presided over it committed an offence under the rules. That is why the PMO recommended that Samba Jawo be given a warning letter as punishment.
Counsel K. Jallow: Mr Bah, how did the matter concerning Commissioner Samba Jawo come to the attention of the PMO?
AIG Bah: It was mentioned in the testimonies.
Counsel K. Jallow: Did the police at any point recommend that Commissioner Samba Jawo be punished for failing to obey the IGP’s orders?
AIG Bah: I know the recommendation came from the PSC.
Counsel K. Jallow: Answer the question, sir. Did the police recommend
AIG Bah: I’m not sure
Cross-examination to be continued
