The Truth, Reconciliation and Reparations Commission (TRRC), chaired by Dr. Lamin J. Sise on Tuesday, 2 July, 2019 formally lodged a complaint against Yankuba Touray, former junta member of the AFPRC and minister of Local Government and Lands before the High Court presided over by Justice Sainabou Wadda- Cisse.
Yankuba Touray was not charged with a fresh charge on Monday before the High Court as earlier reported; after being charged with the murder of Ousman Koro Ceesay, former Finance minister in Ex-president Jammeh’s regime.
A referral for contempt proceedings against Yankuba Touray was brought pursuant to Section 15 of the TRRC Act, 2017 before Justice Sainabou W. Cisse.
The State was led by the Attorney General and Minister of Justice, Abubacarr Ba Tambadou and director of Civil Litigation, D. Binga, whilst lawyer Abdoulie Sissoho represented Yankuba Touray who was present at the hearing.
During the hearing, the State attached a referral letter with a statement of facts pertaining to the proceedings of the TRRC of 26 June, 2019, wherein Yankuba Touray was subpoenaed to appear before the TRRC and to answer questions under oath before the Commission.
The referral stated that Yankuba Touray is believed to have committed offences under Section 15 (2) of the TRRC Act and Section 106 (c) of the Criminal Code.
Also attached to the referral letter is the affidavit in support of the Referral sworn to by Dr. Lamin J. Sise, the chairperson of the TRRC and also attached to the supporting affidavits were certain exhibits.
Justice Sainabou W. Cisse indicated that she did not have any substantive originating process or a bill of indictment but had the ex-parte motion seeking for an order to join the attorney general and minister of Justice as a party to be heard on the referral matter before the court.
The trial judge, however, urged the attorney general to address the court on the propriety of the mode adopted to approach the court.
Justice Cisse noted that lawyer Abdoulie Sissoho, the legal counsel for Yankuba Touray raised a preliminary objection challenging the attorney general to represent TRRC in the matter.
Justice Cisse ordered lawyer Sissoho and the State to file consolidated written addresses on the issues raised by the court and the preliminary objection raised by lawyer Sissoho on the right of the attorney general to represent the TRRC (locus standi).
Justice Sainabou W. Cisse granted lawyer Abdoulie Sissoho three (3) days to file the address and the Attorney General three (3) days from the date of service of Lawyer Sissoho’s brief of argument to file his reply and same shall be filed on or before the 12th of July, 2019.
The trial judge pointed out that rejoinder on points of law must be filed on or before the 17th July, 2019.
She noted that subject to the parties filing their addresses within the time limit granted by the court, the addresses filed shall be deemed adopted.
Justice Saniabou Wadda Cisse then adjourned the matter to 23rd July 2019 for ruling as to whether the Attorney General can represent the TRRC in the contempt proceedings against Yankuba Touray.
Author: Bruce Asemota