By Mariama Marong
State prosecutor have asked the High Court in Banjul to order three accused health officials to open their defense in an ongoing economic crimes case, arguing that the evidence presented so far requires explanation from the accused.
Director of Public Prosecutions A.M. Yusuf made the request on Wednesday, 9th July 2025, as he responded to a “No Case to Answer” submission filed earlier by the defense. The case is being presided over by Justice Ebrima Jaiteh.
The accused are Bala Kanteh (1st accused), Omar Malleh Jassey (2nd accused), and Muhammadou Lamin Jaiteh (3rd accused). The state alleges the trio committed multiple offences including official corruption, disobedience of statutory duty, conspiracy to commit a felony, economic crime, forgery, and theft — totaling 18 counts under the amended charges.
During the hearing, DPP Yusuf argued that the Criminal Procedure Code does not expressly provide for a “No Case” submission, and insisted that the prosecution had fulfilled its duty by presenting all necessary evidence. “The defense cannot simply discredit the evidence by claiming it’s insufficient. The accused must explain their actions,” he told the court.
Yusuf emphasized that the 1st and 3rd accused — both public servants — were implicated through testimony from Prosecution Witnesses (PW1 and PW6) in relation to Count One, which alleges that they corruptly obtained over D4.2 million by hiring consultants without due process.
He further claimed that D11 million had gone missing in connection with the case, with D4 million recovered during investigations. The remaining funds, according to Yusuf, require explanation from the 2nd accused, Omar Malleh Jassey, who served as Executive Director of the Health Promotion and Development Organisation (HePDO) at the time. He noted that Jassey, although not a public servant, worked closely with the other accused in matters involving public funds.
On Count Two, DPP Yusuf told the court that the 1st and 3rd accused disobeyed the 2014 Procurement Act by signing a Memorandum of Understanding (MoU) between the Ministry of Health and HePDO without following open tender procedures. Witnesses PW5 and PW6 testified that there was no official Malaria Control Programme agreement with HePDO.
On Count Three, the state alleges a conspiracy to steal over D11.4 million from Global Fund grants intended for malaria control. Yusuf said that evidence from PW2 and PW9 confirmed there was no official contract between HePDO and the Ministry’s malaria programme.
Counts Four through Six relate to forgery and economic crime. The prosecution alleges that forged documents were used to authorize transactions that led to the financial loss of D11.4 million. According to Yusuf, the 2nd accused worked in collaboration with the 1st and 3rd accused in actions that resulted in the misuse of public funds.
“The prosecution has provided sufficient evidence to support each of the charges. The accused must now come forward and explain their involvement,” he submitted.
Responding to earlier arguments made by the defense, DPP Yusuf disagreed with submissions by Counsel Jallow, who had told the court that none of the prosecution witnesses had linked the accused directly to the alleged crimes. Jallow argued that the evidence on record failed to show the accused had any dealings with the transactions in question.
However, Yusuf maintained that the testimonies and documentary evidence presented are enough to warrant a response from the accused persons.
Justice Jaiteh adjourned the case to October 8, 2025, for continuation of the prosecution’s response to the defense’s “No Case to Answer” submission. Proceedings are scheduled from 11:00 a.m. to 1:00 p.m. on that date.
