Lamin AMS Jobarteh, former Attorney General and Minister of Justice had denied before the Truth Commission that he was involved in the Executions of 9 death row inmates on 24th August, 2012.

Mr. Jobarteh was adversely mentioned in the torture of Ballo Kanteh and two other accused persons held at the NIA in 1995. Mr. Jobarteh is expected to dwell on his participation in the torture of Ballo Kanteh, Omar Joof Dampha and Yahya Drammeh (Farafenni Attackers) and also on the Executions of 9 deaths row inmates in 2012 while he was the Attorney General and Minister of Justice.

According to Lead Counsel,Essa Faal Mr Jobarteh is the first witness to talk about the institution hearings on the Justice System. From 2012- 2014 he served as Attorney General and Minister of Justice and during this time he was the Chairman of the Legal Aid Board.

While from 2014-2016, he was at Mile2 for Economic Crime, Giving False Information and a host of others. On whether these were the charges the former president used against people he wasn’t happy with, Jobarteh responded in the positive. Lead Counsel Faal told him that these charges put so many Gambians in prison, especially the intellectuals in high positions then.

Mr. Jobarteh said this type of charges if still in the law books should be repealed because they are draconian and often time hardly prove. To him, he was accused of giving false Information to the former president and the president was never called to testify and added that he had never prosecuted those cases while serving as Minister. Jobarteh said in Yahya Jammeh’s government nobody knew the law more than him, which he dared not to challenge as a Minister of Justice.

On the issue of Executing death row inmates, Jobarteh said on the day of Koriteh 2012 the Banjul Muslim Elders went to the State House and prayed for Yahya Jammeh and while there Jammeh made pronouncement that he will killed all of them and that’s all he knew about it.

According to him, he told the former president that in order for any execution to take place, he (Jammeh) had to order for it. He added that the Executions were assigned to his predecessors. 

Mr. Faal told him that Jammeh’s actions on this was illegal but Jobarteh said he didn’t want to talk about that. However, he later admitted that it was a blatant illegality for Jammeh to assign then Chief Justice on the execution just as he did when he corrected him when Jammeh said the Execution was not supposed to be signed by the Ministry of Interior, Ousman Sonko. I did not want to be part of the process. To a light extent I was not part of the process.

Looking at documents, the witness confirmed that 9 death rows were executed and each file had a warrant which was in Standard Form. The warrant was dated on the 24th August, 2012  signed by the former President for the executions of Lamin F Jammeh and 8 others.

After reading the warrant, Mr. Jobarteh said it was false in spite of the fact that the Public seal was contained in that document.Mr. Jobarteh said he did not know where those warrants were prepared and cannot say to the Commission where they emanated and was seeing them for the first time. 

Mr. Jobarteh testified that he did not give the order for the Executions, nor would it be seen anywhere in the files at the Ministry of Justice that he made such reports. However, Faal told him that the files are nowhere to be seen, Jobarteh then said the person in charge of files should be held responsible.

“Yahya Jammeh would do whatever he likes,” he alleged. In this particular instance, you supported him and advised him but Jobarteh said he did not advise him. “Yahya Jammeh was a pathological Liar,” says lawyer Jobarteh. 

Mr Jobarteh said he didn’t receive the judges report about the executions. Knowing that the executions were unlawfully done, Jobarteh still reaffirms that he did not know when and where and how the executions were done; adding that he did not know where he was on this particular day.

However, Faal told him that he would agree with him that this was a rare day in the country as it had never happened in Gambian history and this is a day which he should not forget. Mr. Jobarteh later told the Commission that on the day of the executions he was in one of his houses in the Kombos.

However, Faal repeatedly asked the witness about the Executions which did not go down well with the witness and urged the Chairman to intervene. However, Faal quickly intimated to him that under the TRRC rules, he did not have the right to refuse to answer questions and that the only right he has is not to incriminate himself.

Jungler Omar Jallow alias Oya in his testimony before the TRRC said Jobarteh was present at the execution ground but Jobarteh said that was a lie. “I was never ever there and his evidence was not tested under cross examination,” said Jobarteh. He added that the warrant was addressed to the former Sheriff, Buba Jawo.

Mr. Jobarteh was not only put at the scene by Oya but Lamin Badjie of the Police Intervention Unit who also testified before the Commission but Jobarteh said all those who testified and put him at the scene were lying.

Further grilling the witness, Faal made reference to the publication of the Trumpet and The Point Newspaper respectively, the witness said he did not see that publication but what is stated there is false.“I am not aware”  said  the witness but Faal told him that under the law he has constructive knowledge of the Executions.

On the Killings of the 9 inmates Faal told him that they were executed by way of strangulation and as a Minister of Justice, he was supposed to make sure of the solemnity of  the acts. Jobarteh maintained that he doesn’t know anything about the Executions.

Lead Counsel further told him that he had in-fact failed under International Obligations for not informing foreign countries about the foreigners that were executed. However, Jobarteh said it was the Ministry of Justice that was supposed to do that.

Mr. Yarboe was sentenced to death by Jobarteh himself and also signed his death warrant. This warranted for Counsel Faal to tell him that he acted in travesty as he served as the Judge, Jury and Executioner.

As Minister of Justice, it was his responsibility to advise the government on the Executions, Faal posited. “Whatever I ought to do or committed to do was taken from me by Yahya Jammeh,” Jobarteh alleged.

Malang Sonko, Lamin Darboe, Lamin Jarju, Gibbi Bah, Alieu Bah, Tahara Samba, Lf Jammeh, Buba Yarboe, Dawda Bojang were all executed on the said date and their death warrants tendered and admitted in evidence.

In his concluding remarks, he recommended for sectoral reforms especially the issue of firing at will must stop.  The security forces warned the police not to serve as debt collectors and the greatest reform should be centered on the Police.

Meanwhile the Reparations Committee, Human Rights, Disappearance and Reconciliation Committees will meet next week while the public hearings resumed on the 22nd February, 2021 and the next team will be on the West African Migrants and other NIA Officials.

 

By: Sainabou Jasseh