Explosive testimony in the ongoing civil suit between Gach Global and two defendants, Khadijatou Kebbeh and Saihou Drammeh.
Abdoulie Saine, a witness to the entire transaction between Saikou Drammeh and Kaddijah Kebbeh, testifies for the plaintiff, Gach Global. Saine, a confessed close friend of the second defendant, former Managing Director of the Gampetroleum, Saihou Drammeh, delivered evidence that directly implicated Drammeh in receiving millions of dalasis meant for a fuel supply deal from Kaddijah Kebbeh through her brother.
The revealing moment came during the cross-examination when Counsel K. Jallow requested that the court play Exhibit D7, a video recording taken by the witness, Abdoulie Saine.
Saine testified that in November 2021, he was present at Saihou Drammeh’s compound in Brufut when Khadijatou Kebbeh’s brother, Haruna Kebbeh, delivered two Louis Vuitton bags containing cash. Saine recounted that Drammeh opened the bags and asked him to film the money.
“I asked him where the money came from, and he replied that Khadijah Kebbeh gave it to him,” Saine told the court.
The cash, which Saine identified in the video as containing 500,000 Euros in 50-note denominations, 300,000 Euros in 20-note denominations, and 200,000 US Dollars, was allegedly for the purchase of fuel for Gach Global, owned by Abubakary Jawara.
When the video (Exhibit D7) was played in court, Saine positively identified the bag and confirmed that the hands seen counting the money as Saihou Drammeh, and the voices heard were his own and Drammeh’s. The testimony directly contradicted Saikou Drammeh’s denial of receiving the money from Kaddijah Kebbeh.
When the case was called, Counsel Ida Drammeh announced her representation for the plaintiff Gach Global, while Counsel K. Jallow represented the 1st defendant, Kaddijah Kebbeh, and Counsel B.S. Conteh represented the second defendant, Saihou Drammeh.
Counsel Ida Drammeh informed the court of her second witness’s availability to testify, and when the witness was ushered into the box to testify and took the Oath, Counsel Ida asked whether the witness had made a statement in the case; the witness answered positively. Counsel sought whether the witness stood to adopt his affidavit. Counsel Conteh for the 2nd Defendant (Saihou Drammeh), raised an objection. Counsel Conteh argued that the affidavit, filed on June 13, 2022, was not filed “together with” the originating writ of summons filed on 20th December, 2021, as required by Order 23.
The objection was countered by both Counsel Drammeh and Jallow
Justice Ebrima Jaiteh rejected the objection in his ruling. Justice Jaiteh found that while the affidavit was not filed on the same day as the writ, the undisputed fact that the 2nd Defendant was served with the affidavit on October 20, 2022, satisfied the third limb of the relevant rule. Justice Jaiteh held that the purpose of the rule, avoiding surprise and ensuring fair notice, was achieved.
Abdoulie Saine proceeded to adopt his statement and give the testimony about the €749,965 and $240,000.
Below the Vabartim transcription
Counsel I. Drammeh: You have indicated that this is your affidavit of statement that was previously filed?
Abdoulie Saine: Yes.
Counsel I. Drammeh: And do you wish to adopt that affidavit of statement as evidence in this case?
Abdoulie Saine: Yes.
Counsel I. Drammeh: My Lord, I would ask that the affidavit of the statement of Abdoulie Saine, dated the 10th day of June 2022, be admitted in evidence as his evidence-in-chief.
Justice Jaiteh: So, the affidavit of the witness statement of PW2 is admitted as evidence-in-chief.
Cross-examination of Abdoulie Saine (PW2) by Counsel K. Jallow
Counsel K. Jallow: Mr Saine, it’s correct that you have a personal relationship with the first and the second defendant?
Abdoulie Saine: Yes.
Counsel K. Jallow: And you would also remember that there was a point in time when the first and the second defendant were arrested by the police?
Abdoulie Saine: Yes.
Counsel K. Jallow: Were you present when they were arrested by the police?
Abdoulie Saine: Yes, I was there.
Counsel K. Jallow: Mr Saine, while you were at the police station with the first and the second defendant, were you present when the first defendant (Khadijatou Kebbeh) was making a statement?
Abdoulie Saine: Yes, I was there.
Counsel K. Jallow: Did anything happen while she was making that statement?
Abdoulie Saine: Yes, something happened.
Counsel K. Jallow: Tell us what happened.
Abdoulie Saine: She was being asked about this money issue (the situation arose when she was asked about this money issue).
Counsel K. Jallow: What happened?
Abdoulie Saine: They talked a lot, and the police were writing her statement. I was asked by the police if I could serve as an independent witness. I accepted and signed as an independent witness. Then, B.S. Conteh came in, took the statement, and tore Khadijatou’s statement. It was then that they asked Khadijatou to write another statement.
Counsel K. Jallow: Who is this B.S. Conteh, is he a police officer?
Abdoulie Saine: No, he’s a lawyer. At that time, he was serving as Saihou’s lawyer.
Counsel K. Jallow: Is that the B.S. Conteh in court?
Abdoulie Saine: Yes.
Counsel K. Jallow: As at the time, B.S. Conteh was the lawyer for whom you said?
Abdoulie Saine: For Saihou Drammeh.
Counsel K. Jallow: As at the time, this B.S. Conteh walked in and tore the witness statement of Khadijatou Kebbeh; the cautionary statement of Khadijatou Kebbeh; was he the lawyer for Saihou Drammeh?
Abdoulie Saine: Yes, he was Saihou Drammeh’s lawyer.
Counsel K. Jallow: Take a look at your witness statement, take a look at paragraph 7 of your witness statement. From paragraph 7, you are saying that later, with your Lordship’s permission, may I read?
Justice Jaiteh: Granted the request to read.
Counsel K. Jallow read: “Later, after I got to know the first defendant from several visits to the police station, where I got friendly with her, I was present that day at the police station when the first defendant tried to call a man from Senegal called Papis. Is this correct?”
Abdoulie Saine: I think I made a mistake here.
Counsel K. Jallow: So, because you made a mistake at this time, you don’t wish to stand by that statement, paragraph 7?
Abdoulie Saine: No, I don’t want it to be part of my statement.
Judge Justice Jaiteh: Yes, Counsel Conteh, what do you want to say?
Counsel B.S. Conteh for the 2nd Defendant objected, saying: The witness has already been deposed and signed for, so it stands. But anyway, that can be taken care of.
Judge Justice Jaiteh: That will come at the end of the trial. So, it’s good that you take note that you feel he made a mistake, and he is not accepting that. So, if he himself is throwing a paragraph, you’ll have time to bite the cherry.
Counsel K. Jallow: Take a look at paragraph 8 of your witness statement, at the 5th line, it reads, with your Lordship’s permission, “She then made a statement at Kairaba station that she gave the money to her father; later, however, she changed that statement at Banjul Police Station.” Mr Saine, is this a correct representation of what you know?
Abdoulie Saine: No, this is what Saihou told me.
Counsel K. Jallow: Apart from Saihou telling you, did you later find out what happened?
Abdoulie Saine: Yes.
Counsel K. Jallow: Tell this court how and what.
Abdoulie Saine: OK, November 9th or October 2021, I was with my friend Saihou in his compound in Kerr Sering around 21:00-22:00 hours (9-10 p.m.). A man came in, Haruna Kebbeh, who happens to be Khadijatou Kebbeh’s brother. He came with two Louis Vuitton bags, one big and one small, and handed them over to Saihou Drammeh.
Saihou brought the bags to the parlour where I was seated. He opened the bag and told me to film him. We then started speaking in a Serahuli language. I asked him where the money came from and he replied that Khadijatou Kebbeh gave it to him.
Then he asked me to go with him to his office in his compound. He brought out the money, which was in dollars and euros. He asked me to film him. I told him to give me his phone. He said he was calculating; let me use my phone.
I asked how much the money was, and he said the euros were 500,000 euros in 50 notes, and there were another 200,000 dollars, and another 300,000 euros in 20 notes, just like I stated in the video. We counted the money that day and put it all back in the bags.
Counsel K. Jallow: So, that money you counted, and the second defendant, Saihou Drammeh, confirmed to you that it was money given to him by Khadijatou Kebbeh, do you know what the purpose of that money was?
Abdoulie Saine: It was later that I found out that the money was from Abubakary Jawara for the purchase of fuel.
Counsel K. Jallow: So, was Khadijatou Kebbeh working for Abubakary Jawara?
Abdoulie Saine: Yes, she was working for Abubakary Jawara.
Counsel K. Jallow: Do you know in what capacity?
Abdoulie Saine: I can’t recall because I didn’t know the guy very much at that time.
Counsel K. Jallow: My Lord, may we apply for the exhibit D7 series to be played (the video recording of the money)?
Judge Justice Jaiteh granted the request and asked the court clerk whether he had Exhibit D7, to which he replied positively, and Justice Jaiteh ordered it to be played.
When the video started playing, a bag was shown in the video, Counsel K. Jallow asked the witness (Abdoulie Saine) whether he recognised the bag seen in Exhibit D7A (video)?
Abdoulie Saine answered positively: “Yes, I recognise the bag.”
Counsel K. Jallow: How do you recognise it?
Abdoulie Saine: This is the same bag that Haruna Kebbeh brought to Saihou Drammeh’s house.
The video continued playing until a voice was heard. Counsel K. Jallow asked for it to pause.
Counsel K. Jallow asked: “There is a voice in the background of Exhibit D7, whose voice is that?”
Abdoulie Saine: That is my voice, I, Abdoulie Saine.
Counsel K. Jallow: Where was Exhibit D7 taken?
Abdoulie Saine: At Saihou Drammeh’s house in the parlour.
Counsel K. Jallow: What is the conversation in the said video, Mr Saine?
Abdoulie Saine: I was asking him to identify the euros and the dollars (the small bag contained the dollars and the big bag contained the euros). That’s what I was saying in the video.
Counsel K. Jallow: I heard a voice yelling or screaming, whose voice is that?
Abdoulie Saine: That’s my voice.
Counsel K. Jallow: What is it you are saying in the video?
Abdoulie Saine: I was telling him, “Saihou Drammeh! ‘Pa Allah ala sire nyama.'”
Counsel K. Jallow: What does that mean?
Abdoulie Saine: I don’t know what it means. It’s just something we used to say to each other. It is Saikou’s favourite word.
Counsel K. Jallow: Mr Saine, from Exhibit D7, whose hands are shown in the video?
Abdoulie Saine: Saihou Drammeh’s.
Counsel K. Jallow: And what currency are we seeing on Exhibit D7?
Abdoulie Saine: It’s euros and dollars.
Counsel K. Jallow: You mentioned that Saihou Drammeh was using his phone to calculate while you were using your phone to take the video. Is that what Exhibit D7 is showing right now?
Abdoulie Saine: Yes, that’s what we are seeing here.
Counsel K. Jallow: You mentioned the monies that Khadijatou Kebbeh handed over to Saihou Drammeh through her brother for the supply of fuel owned by Gach Global through Abubakarr Jawara, is that the monies you mentioned?
Abdoulie Saine: Yes, it’s the same money.
Counsel K. Jallow: When the monies were handed over to Saihou Drammeh and you were present, do you know what happened with this money thereafter?
Abdoulie Saine: The money was at his house all that time. The money was at his house until the time that they were arrested by the police. When they were arrested by the police, and I came to know that it was the money Haruna Kebbeh gave Saihou Drammeh in my presence,
Counsel K. Jallow: What did you do? What happened thereafter, what did you do as a friend to Saihou Drammeh?
Abdoulie Saine: Yes, at the police station, when I saw Abubakarr Jawara coming in, we greeted, and he told me that he gave Khadijatou Kebbeh money to buy fuel. That time at the house, I couldn’t confirm anything, but I saw Khadijah Kebbeh’s brother there. When I confirmed everything with Abubakarr, and everything became clear, that’s when I went to Saihou at the police station and told him, “Boy, on the whole, this is Abubakarr’s money.” He replied, “Yes, that’s his money.” I told him to return the man’s money. He then asked me how he was going to do that. I told him, “However he gave it to you, so you give it back to him. Khadijah is here, and the money came through her. Just take the money back.”
That’s when he told me that if he did that, they would know that the money was with him. I told him to give it to the family of Khadijatou Kebbeh to return it. He replied that he’ll go buy him fuel at the Jah Oil because Jawara owes Jah.
I told him, “That’s none of your business; return the man’s money.” He said, “No, Abubakarr owes Jah Oil 10 million Dalasis, so I’ll give it to Jah Oil to deduct the money.” I told him, “That’s none of your business. He gave you money to sell him fuel, but you don’t have the fuel, so return his money.” He said, “OK,” and I insisted. Then he asked me to call Badou Conteh for him.
I called Badou Conteh, who was on the balcony at the police station. Then, he said he would tell Badou to return the money, and that’s how much I know. After this, I don’t know what else happened.
Counsel K. Jallow: Take a look at paragraph 13 of your witness statement. With your Lordship’s permission, I would like to read paragraph 13 to the witness. “The second defendant told me he had sent Badou Conteh to go and pay the fuel from Jah Oil Ltd, and went and obtained a copy of the receipt for the payment made.” From paragraph 13, it’s correct that Saihou Drammeh instructed the said Badou Conteh to go and make payments of the fuel, and the receipt was issued. Is that correct?
Abdoulie Saine: That’s what Saihou told me. That was after, before the arrest of Saihou Drammeh and Khadijatou Kebbeh.
Counsel K. Jallow: Is it correct or is it not, that the said Khadijatou Kebbeh never had any dealings with the monies given to Saihou Drammeh in your presence?
Abdoulie Saine: As far as I know, yes.
Counsel K. Jallow: And at all material times, it is correct that Saihou was supposed to be the supplier of fuel for Gach Global, and as a result, he was paid the sum of 59 million, 961 thousand, 150 Dalasis, being the monies you saw when he was being given by Khadijatou Kebbeh through her younger brother?
Abdoulie Saine: Yes.
Counsel Conteh murmurs.
Counsel K. Jallow: I think Counsel Conteh should not be murmuring or interfering when the first defendant is cross-examining. If you look at me, I did not interrupt anyone, and I would want, when it is my turn also, I would need that respect and cordial procedure to be accorded to this court. I am controlling myself, and I believe that the counsel is capable enough to handle the witness in the box, but following questions or murmuring is not a known procedure in this jurisdiction. I want the court to control this, it is very offensive.
Counsel B.S. Conteh: I just don’t understand what Counsel is talking about. I am saying that when the interpretation was being done, the figure was not mentioned, and the record will not show the figure, so I am asking that the figure be reflected in the records. That’s all I was talking about. I’m not talking about the evidence that has been given about him going and making that payment, no, I’m not talking about that.
Judge Justice Jaiteh: I think his observation is murmuring. I don’t have a microphone, but I would ask formally that if an interpretation is given, the figure is mentioned for the record because otherwise, it will not be on the record. Let’s maintain orderliness and decorum in the court.
Counsel K. Jallow: And it is also correct, that the monies you see from Exhibit D7 and C, at all material times, is all the monies given to Khadijatou Kebbeh by Kuringo for onward delivery to Saihou Drammeh as the supplier?
Abdoulie Saine: Yes.
Counsel K. Jallow: Mr. Saine, will it surprise you to know that the said Saihou Drammeh is denying ever receiving the money as the supplier in this court, the whole total of 59 million from Khadijatou Kebbeh?
Abdoulie Saine: Yes, it will surprise me.
Counsel K. Jallow: Can we go to Exhibit P13. Mr. Saine, it is correct that Saihou Drammeh, the second defendant in this matter, is mentioning the said monies to Abubakarr Jawara about the supply of the fuel?
Abdoulie Saine: Yes, Saihou told me about that.
Counsel K. Jallow: So, from the time of Exhibit P13, it is correct that the said Abubakary Jawara was dealing with Saihou Drammeh for the purpose of the supply of the fuel, and not Khadijatou Kebbeh?
Abdoulie Saine: Yes, according to what Saihou told me.
Counsel K. Jallow: Mr. Saine, when you were at the police station, was Khadijatou Kebbeh in custody, was she arrested?
Abdoulie Saine: Yes, she was.
Counsel K. Jallow: How many days?
Abdoulie Saine: If I can recall, 5 to 6 days.
Counsel K. Jallow: During the 5 to 6 days, did Saihou make any effort to return Abubakarr’s money?
Abdoulie Saine: No, unless at the time I was telling him to return the money.
Counsel K. Jallow: Where was Saihou Drammeh working at that material time?
Abdoulie Saine: Gampetroleum.
Counsel K. Jallow: What position?
Abdoulie Saine: Managing Director.
Counsel K. Jallow: And because he was Managing Director of Gampetroleum, he had the dealings for the supply of the fuel by Abubakary Jawara of Gach Global?
Abdoulie Saine: Yes.
Counsel K. Jallow: Mr. Saine, the plaintiff is also asking for 220,000 dollars against Khadijatou Kebbeh or the second defendant Saihou Drammeh. Do you know anything about this 220,000 dollars that he’s claiming?
Abdoulie Saine: At that time, when we went to Dakar, me and Saihou, I didn’t witness it, but later Saihou told me.
Counsel K. Jallow: What did Saihou tell you about the 220,000?
Abdoulie Saine: It was from Gach and Khadijatou Kebbeh.
Counsel K. Jallow: It is correct therefore that the 220,000 that Gach Global is claiming against Khadijatou Kebbeh was actually given to Saihou Drammeh? So, Mr. Saine, it is therefore correct that the money for the petroleum products was never given to Khadijatou or her father?
Abdoulie Saine: No, this is what Saihou told me. He said the money was with Khadijatou’s father, but it was not true.
Counsel K. Jallow: Would I be therefore correct to say that Saihou misled you? He told you something that is not the truth about the monies of the petroleum product?
Abdoulie Saine: That is true.
Counsel K. Jallow: Are you also aware that at any point, Saihou has promised the first defendant to pay this money?
Abdoulie Saine: Several times he would tell us all he was waiting on a vessel, and when that vessel arrived, I kept on forcing him to return the guy’s money. I even proposed to him to sell his properties so he can refund the money. He kept on promising me he would until one day he told me he even gave a document of his apartments in Dakar to Khadijah so Khadijah can sell it and give Abubakary his money, but that never happened.
Counsel K. Jallow: And up to date, Saihou Drammeh has not returned the money he was given by Khadijatou Kebbeh for the purchase of the petroleum product by Gach Global?
Abdoulie Saine: As far as I know, no.
Counsel K. Jallow: Are you aware, Mr. Saine, when you meet the Chief Executive Officer of Gach Global, Abubakary Jawara, do you know the whereabouts of the monies?
Abdoulie Saine: Yes, it was with Saihou at that time.
Counsel K. Jallow: And because it was with Saihou at that time, would you be correct to say that the said Saihou Drammeh, the second defendant in this matter, has fraudulently refused to return the money?
Objection from Counsel Conteh: You cannot use the word “fraudulently” when it is not proven. You are asking a witness about this. If the second defendant (Saihou) was in the box, that would have been a perfect question to ask him. You cannot use that because it’s too harsh.
Judge Justice Jaiteh: Counsel, can you rephrase?
Counsel K. Jallow: My Lord, I would like to refer your Lordship to the statement of claims on the particulars of fraud.
Judge Justice Jaiteh: Those are for the court to make those pronouncements; they are conclusions.
Counsel K. Jallow: Mr. Saine, since you are surprised that Saihou Drammeh is denying receiving the money from Khadijatou Kebbeh, would it also surprise you to know that Saihou Drammeh is accusing Khadijatou Kebbeh of receiving the money?
Abdoulie Saine: Yes, I will be surprised because the money was handed over to Saihou Drammeh in 2021, in my presence.
Counsel K. Jallow: Are you aware whether the first accused person is charged in respect of the monies?
Abdoulie Saine: Yes.
Counsel K. Jallow: That will be all for this witness.
Cross-examination by Counsel Conteh for the second defendant (Saihou Drammeh)
Counsel Conteh: I’m putting to you that you are not truthful that I was present at Kairaba Police Station. I was never present at Kairaba Police Station. I was only present at Banjul Police Station.
Abdoulie Saine: With due respect, I was standing there with you at Kairaba Police Station, Mr. Conteh.
Counsel B.S. Conteh: Mr. Saine, you want to make this Honourable Court believe that I, Counsel Badou Conteh, was present at the Kairaba Police Station during your statement, and I tore the statement and nothing happened to me?
Abdoulie Saine: I have never said at Kairaba Police Station. I said at Banjul, at the SIU Office.
Counsel B.S. Conteh: I’m putting it to you that you are lying to this Honourable Court. I, as a Counsel, in front of the SIU office, a statement given, I read it and tore it in front of the police and was not arrested and not charged. Then who is me, you want the court to believe that?
Abdoulie Saine: At Kairaba Police Station, I was standing with you, Mr. Conteh, the time Khadijah had a big argument with the IGP. The IGP went out of the office and you went and calmed the IGP. He was wearing sweatpants (the former IGP who’s the current Minister of Interior).
From there, we went to Saihou’s house, me and you in my car. From there, we went to Banjul Headquarters. When Khadijah was making her statements, I was there with an officer called Joof, and another surnamed Kebbeh, and Khadijah, and I was the independent witness. I signed as an independent witness in Khadijah’s statement.
When you entered, you read Khadijah’s statement, you saw what she wrote, and I was sitting there. I will never lie, and I hold a Quran, and you tore it, not angrily. Even the police was by it. It was not like a big deal or anything.
Counsel B.S. Conteh: Mr. Saine, look at me. I’m putting to you that you are definitely lying. No police, regardless of who you are, will allow anyone to tear someone else’s cautionary statement in a police station and let you scot-free. You are not telling the truth.
Abdoulie Saine: Well, that happened in front of everyone.
Counsel B.S. Conteh: Mr. Saine, is it correct that the first defendant Saihou Drammeh is your good friend?
Abdoulie Saine: Yes.
Counsel B.S. Conteh: Is it true that you used to handle money from the Malians that want to purchase fuel?
Abdoulie Saine: That never happened.
Counsel B.S. Conteh: I’m putting to you that it happened. You are lying to the court.
Abdoulie Saine: Show me the evidence that never happened.
Counsel B.S. Conteh: Mr. Saine, I will put it to you that the first defendant took you to Sukuta Police Station for defrauding 1.3 Million.
Abdoulie Saine: That never happened!
To be continued…
By Kexx Sanneh
