On Monday, the Supreme Court of The Gambia upheld the murder conviction of Yankuba Touray, a former member of the military junta, related to the 1995 assassination of Finance Minister Ousman Koro Ceesay. The court, however, overturned the death sentence that had been imposed by the lower courts, replacing it with a sentence of life imprisonment.
Touray, once an ally of ex-President Yahya Jammeh, was found guilty in 2021 by the High Court for the murder of Ceesay and received a death sentence by hanging. The Court of Appeal upheld the conviction. Touray later presented his case to the Supreme Court, contesting both the ruling and the constitutionality of the death penalty.
The Supreme Court, in a unanimous judgement by Justice Awa Bah, upheld the rulings of the High Court and the Court of Appeal, concluding that the prosecution had established the case beyond a reasonable doubt. The Court determined that the testimony of key prosecution witness Alagie Kanyi — an accomplice — was adequately supported by additional evidence, directly connecting Touray to the murder.
The prosecution alleges that in June 1995, Ceesay was enticed to Touray’s home in Kerr Sering, where he was viciously beaten to death by Touray and several accomplices, including Edward Singhateh and Peter Singhateh. His body was subsequently incinerated along the Sukuta-Jambur Highway in what seemed to be an effort to eliminate evidence.
Touray refuted the allegations and presented a defence that included an alibi.
The Supreme Court dismissed the alibi, deeming it “belated and unsubstantiated,” and concluded that it lacked credibility and was not adequately presented during the trial proceedings.
The central issue in Touray’s appeal revolved around the legality of the death sentence. The defence contended that the murder occurred during a time when the death penalty was no longer in effect, as established by the 1993 Death Penalty (Abolition) Act. The penalty was subsequently reinstated via the Death Penalty (Restoration) Act, which took effect on August 10, 1995 — almost two months following the murder.
The Supreme Court concurred, determining that the death sentence given to Touray was invalid, as the crime occurred while the abolition law remained in effect. The Court ruled that the sentence must be set aside, referencing the proviso in the 1995 Restoration Act that forbids death sentences for crimes committed between its enactment and commencement.
Touray is now set to serve a life sentence, starting from the date of the initial judgement on July 14, 2021.
Chief Justice Hassan B. Jallow led the five-member panel, which specified that its ruling pertains only to Touray and does not impact any other individuals accused of involvement in the murder who have not been charged in this case.
The ruling concludes a legal struggle arising from one of the most politically charged killings during Gambia’s military era — a case that emerged again decades later as part of efforts to address the country’s historical abuses under the Jammeh regime.
