Justice Sarah Ayee ruled in favour of the State, allowing the admission of an investigative report into evidence in the ongoing civil suit filed by Deputy Police Commissioner Sambujang Fatty against the Inspector General of police and Minister of Justice.
When the case was called State Counsel J.O. Okete, moved to tender the police investigation report into the ongoing civil suit between DPC Sambujang Fatty and the Inspector General of Police (IGP).
Deputy Director of Civil Litigation, J.O. Okete, in the court that they filed a Motion on Notice on 11th February 2026 seeking the court’s leave to tender a police panel investigation report as evidence.
Counsel Okete argues that the report was compiled following due process and that its authenticity is verified by the official seals or signatures of the investigating body.
The motion was supported by an affidavit from Ebrima Bah, Assistant Inspector General of Police (AIG). Bah explained that the document, titled “Investigation Report on Unethical Conduct of DPC Sambujang Fatty,” was only recently made available.
According to the AIG affidavit, the officer who had custody of the report had been out of the country for training and only returned to duty on 10th February 2026.
Counsel Okete argues that the report is vital to the “justice of the case,” as it formed the basis for Sambujang Fatty’s termination from the police.
In his Affidavit in Opposition, Sambujang Fatty challenged the very existence of the report recently. Sambujang Fatty and his counsel, K. Jallow, raised several points of contention.
Sambujang Fatty argued that after two years of trial, the report is being mentioned for the first time only after the Plaintiff’s case has closed.
In the affidavit in opposition, Sambujang Fatty vehemently denied” the State’s excuse regarding the officer on training, asserting that the document was never mentioned in previous filings because “it did not exist at all material times”.
Sambujang Fatty pointed out a suspicious timeline, noting that the State’s witness AIG Ebrima Bah failed to testify on February 10 citing ill health, only for the new document (Police Investigation Report) to suddenly surface the very next day.
Counsel K. Jallow moved for the motion and affidavit to be struck out, arguing that the document was never pleaded until the pre-trial was conducted. She posed a rhetorical question to the bench: “Can that be possible?” asserting that such a move is not recognised by law.
Furthermore, Counsel K. Jallow challenged the State’s motion to tender the police investigation report relying on order 23 of the Court Act: She argued that all pleadings must consist of material facts and pointed out that the document was never pleaded in the original defence.
Counsel K. Jallow cited Section 94 of the Evidence Act, suggesting the “purported” report was an attempt to introduce evidence outside the established pre-trial rules.
Counsel K. Jallow maintained that after two years of trial, introducing a document that was never mentioned in the initial statement of defence constitutes a “bad faith” tactic.
Counsel K. Jallow argued that they cannot cross-examine the person who wrote the report, and the report should be excluded.
Counsel K. Jallow contends that admitting a report that contains allegations or “findings” against his client without allowing him to challenge the source violates the constitutional right to a fair trial.
The State Counsel Okete countered by citing Rule 22 and 23 alongside Section 3 of the Evidence Act, which governs the admissibility of relevant evidence. Counsel Okete’s position rested on the claim that the document was essential to the case, as it provided the basis for the Plaintiff’s termination.
He argued the delay was due to the document being in the custody of an officer who was overseas for training.
In her ruling, the Justice sided with the State, admitting the investigation report into evidence. Following the admission, the defence witness, Assistant Inspector General (AIG) Ebrima Bah, took the stand for cross-examination by Counsel K. Jallow.
He introduced him as Assistant Inspector General of Police, overseeing all administrative matters and has held his current position since 2018 and has served in the police force for 28 years.
AIG Bah highlighted his professional background, holding both a Bachelor’s and a Master’s degree, with additional training completed in Senegal, Sierra Leone, Spain, and other countries.
He confirmed he was enrolled alongside the Plaintiff Sambujang Fatty. The case is adjourned to Tuesday, 17 February 2026 for continuation of cross-examination of AIG Bah.
