A second treason trial involving General Lang Tombong Tamba and Rear Admiral Sarjo Fofana started on 27 July 2010 with the testimony of the first prosecution witness, Major Momodou M. Bah.
The trial proceeded at the special criminal court in Banjul under the jurisdiction of Justice Joseph Enwa Ikpala. M. Abdullahi represented the state while S.M. Tambedou stood for the first accused (Lang Tombong) and L.K Mboge for the second accused (Sarjo Fofana).

EVIDENCE-IN-CHIEF
Major Momodou M. Bah said in his opening testimony, that he lives in Kombo Lamin. He said he is a military Officer and that he joined the force in May 1996 adding that he was a Lieutenant in 2006. He said he was posted at the Defence headquarters. He said he can recognise the first accused Lang Tombong, that the first accused was his boss by then. He said in 2006 1st accused Lang Tombong Tamba was the Deputy Chief of Defence Staff.
Major Bah told the court that he knows one Colonel Ndure Cham that Ndure Cham was the Ex Chief of Defence Staff Gambia Armed forces.
He was asked whether anything transpired between him and the first accused in March 2006. He said “Yes something transpired between him and the first accused. He said in March 2006, Ndure Cham the Ex CDS called him in his (Cham’s) office and that he (Bah) went to answer to him. He said Ndure Cham told him his intention to overthrow the APRC regime of the government of the Gambia. Asked what he meant by APRC, he said that is Yahya Jammeh’s Government.
“Who is Yahya Jammeh?” the prosecutor asked. He said Yahya Jammeh is the president of the Republic of the Gambia. He was asked why Ndure Cham wanted to overthrow the government of Yahya Jammeh. Before the prosecutor finished, S.M. Tambedou counsel representing the 1st accused stood up immediately and objected to the question. S.M. Tambedou submitted that the answer to that question is speculative. The question was disallowed.
Continuing his testimony, the witness said he told Ndure Cham that he is not going to be part of that deal. He said he later left the office of Colonel Ndure Cham and met with his orderly Modou Jatta. He said he (Bah) told Modou Jatta that “Col. Ndure Cham is not a loyal officer and something has to be done.” He further told the court that he told Modou Jatta to tell Lang Tombong that he (Bah) wants to see him (Tamba).
S.M. Tambedou at this juncture was seen on his feet objecting to this statement of the state witness. He (S.M. Tambedou) submitted that the witness cannot give evidence as to whether Modou Jatta informed the first accused that he (Bah) wanted to see him without first adducing evidence that Modou Jatta told him that he did so. He said therefore, the question whether Modou Jatta informed the first accused is not proper and therefore urged the court to disallow that statement. M. Abdullahi the state prosecutor said the objection raised by the defence is unfortunate. He argued that the question posed to the witness is proper. He cited section 19 of the Evidence Act to back his point. Eventually the objection was overruled.
The witness continued to say that Modou Jatta informed the first accused. He said Modou Jatta came to call him (Bah) to answer to the 1st accused (Tamba) in his office. He said he (Bah) went to his office (Tamba’s office) and entered. He said he (Bah) told him (Tamba) that Col Ndure Cham called him (Bah) in his (Cham’s) office and Cham told him (Bah) his intention to overthrow the APRC regime.
Asked what was the response of the first accused (Tamba), the witness said Tamba told him that he (Bah) is crazy and all he was saying is nonsense. The witness said the first accused told him to watch his tongue. “I left his office and went back to my office.”
The witness said on that same day, he called Bo Badjie’s office. Asked who was Bo Badjie, he said Bo Badjie was then a second lieutenant and also a Director of Intelligence of Gambia Armed Forces (GAF). “I told him (Bo Badjie) what exactly transpired between me and Col. Ndure Cham and also the first accused (Tamba). He said (Bo Badjie) told him that he is going to find out. The witness added that he also called Lieutenant Solomon Jammeh officer Gambia Armed Forces (GAF) then posted at Farafenni and that he (Bah) told him what transpired between him, Ndure Cham, First accused (Tamba) and Bo Badjie.
He said Lt. Solomon Jammeh told him that he (Solomon) is already aware of the plan, that one of his officers in Farafenni had informed him.
Asked by the prosecutor to explain what happened on the 21st of March 2006. The witness said he closed from work and went home. He said while at home at around 4am in the morning some soldiers came to his house and said they were sent to come and arrest him.
He said but before all that happened, “Modou Jatta called me at about 2 am in the night.” He said the first accused told him that the information is right and that the first accused wants to speak with Mr. Bah. He said he immediately called the office of the first accused at around 2am in the night. He said he (Bah) had a little amount of credit in his phone, by then but the first accused returned the call to him and he (Bah) said to him, “’Oga’, this is was what I was telling you and you never took it seriously.”
Sheriff M. Tambedou Lawyer for the first accused objected again. He said that the evidence that the witness is talking about is new and is taking the defence by surprise including the first accused. He noted that the summary of evidence did not show any portion where such statement is mentioned. He further submitted that the prosecution has power to amend if they wanted to which is within their powers. But this thing is taking us by surprise.
The trial judge then asked S.M Tambedou to quote an authority to back his argument, that “this is the court, we do not talk stories here.”
S. M. Tambedou came in and said to the judge that “with the greatest respect, my lord, I do not talk stories, I am talking about the law, with the greatest respect.”
Lawyer Tambedou told the court that he did not come with his Vol III of the Laws of The Gambia which contains Criminal Procedure Code CPC, adding that the evidence that the witness is giving is not contained in the summary of evidence.
Responding to the objection raised by the defence, M. Abdullahi said all that the defence was expressing is contained in section 175B of the Criminal Procedure Code. He said the witness’ evidence is not limited by the summary of evidence produced to the court. M. Abdullahi said what the witness is saying is very, very relevant regarding the whole issue. He urged the court to overrule the objection.
S.M. Tambedou said lawyers have to promote good practice of the law for others to emulate. He said he left his Vol III of the CPC in his chambers that is why he cannot cite the relevant section to back his point. “But the prosecutor had his copy, when he could have helped him to go to the relevant section by lending me the book for me to cite the section, but the prosecutor refused.”
The trial judge said Tambedou should have called the attention of the court. S. M. Tambedou said it was not long when he saw the book with the prosecutor, that he does not know that the prosecutor was having the book.
The trial judge later ruled on the arguments. He said the witness is not bound to confine himself to the summary of evidence produced to the court. “The objection is therefore overruled.”
The witness continued to say that the first accused told him that it is unfortunate that it had happened, i.e., the attempted foiled coup. He said around 4am soldiers came to his house and knocked on his door that he was informed that those soldiers were ordered to come and arrest him. He said he asked them who sent them to arrest him (Bah) but he was never told. The witness said he was taken to Mile 2 Central Prison and was detained and later charged for concealment of treason at the court martial.
“What was your response to the allegation?”
“I denied it. And my reason for the denial was that I did not conceal anything.” He said he revealed everything he knew about the planned coup between him and the first accused Bo Badjie, Solomon Jammeh and Ndure Cham.
He said the attempted coup took place on the 21st of March 2006.
Asked what happened at the court-martial by the prosecutor, the witness said that he (Bah) had a witness at the court-martial named Solomon Jammeh whom he (Bah) called to come and testify for him.
He said when the witness came to the court premises, he (Solomon) said there was no need for him testify, that the 1st accused (Tamba) promised to rescue him (Bah). He further said (Bo Badjie) called him with a military police line. He said Bo got Lieutenant Modou Sanyang who was in charge of their escort. He said Sanyang asked him to come and answer to the caller. “When I came, Bo Badjie told me on the phone that there was no need for court witnesses in my case that the first accused is going to take me out of the case.” He (the witness) said he was then sentenced to 25 years in prison. He said he called Solomon Jammeh but he never testified.

CROSS EXAMINATIONBY DEFENCE LAWYER S.M TAMBEDOU
Tambedou: You said you come from Lamin Village?
Bah: Yes
Tambedou: Do you know any other senior military officer who comes from Lamin Village?
Bah: No
Tambedou: Do you know former Captain Bunja Darboe, is he from Lamin Village?
Bah: No.
Tambedou: You said you spoke to Modou Jatta the orderly to first accused?
Bay: Yes
Tambedou: I put it to you that you never spoke to Modou Jatta of the fact that you wanted to speak to the first accused?
Bah: I spoke to him.
Tambedou: I further put it to you that Modou Jatta never put your request to the first accused?
Bah: He put the request to the first accused.
Tambedou: You never held a discussion with the first accused regarding this issue?
Bah: We had a discussion about it.
Tambedou: You made a statement during the investigation about the coup attempt?
Bah: Yes
Tambedou: How many statements have you made?
Bah: One statement.
Tambedou: Do you remember the date of that statement?
Bay: No
Tambedou: Did you make a statement on the 26th of November 2009?
Bah: Yes.
Tambedou: Did you make a statement on 5th of May 2010?
Bah: Yes.
Tambedou: Did you make a statement on the first of June 2010?
Bah: I cannot remember.
Tambedou: You said you told Modou Jatta that Ndure Cham wanted to overthrow the APRC Regime? Did you say this in your statement on 26 November 2009?
Bah: I cannot remember.
Tambedou: You said orderly Modou Jatta called you at 2am and you called 1st accused and your credit run down, did you make these facts in your statements?
Bah: No.
Tambedou: Is this your first time making a testimony regarding the 21st coup?
Bah: Yes.
Tambedou: Did you give evidence at the court-martial?
Bah: No.
Tambedou: You were charged for concealment?
Bah: Yes.
Tambedou: Why did you not testify since you denied the charge?
Bah: I had a lawyer and he was representing me.
Tambedou: Did you find out as to why?
Bah: He said he was advising me.
Tambedou: You told orderly Jatta that Col. Ndure Cham was not loyal, why did you not call Modou Jatta to come and testify?
Bah: There is no way that orderly Jatta will come and testify.
Tambedou: Apart from your evidence, there is no one who can come and testify?
Bah: Yes there is no one and even Modou Jatta himself.
Tambedou: Why did you not call Bo Badjie to come and testify?
Bah: Bo Badjie told me on phone that there was on need to call witnesses.
Tambedou: Was the first accused a member of the panel at the court-martial?
Bah: No.
Tambedou: It is correct that you were convicted by the court-martial?
Bah: Yes.
Tambedou: And you were sentenced to serve 25 years imprisonment?
Bah: Yes.
Tambedou: Bo Badjie told you on phone that 1st accused will get you out?
Bah: Yes he told me on phone.
Tambedou: Lieutenant Jammeh also told you that first accused will get you out?
Bah: Yes.
Tambedou: Did you believe them?
Bah: Yes I believed them.
Tambedou: So you therefore believed and hoped that the 1st accused will get you out?
Bah: Yes.
Tambedou: How long were you in prison?
Bah: Three years eight months.
Tambedou: In all the years you spent in prison you were thinking about the 1st accused, is that correct?
Bah: Yes I was disappointed.
Tambedou: I put it to that you were angry with the 1st accused and not disappointed?
Bah: I was disappointed.
Tambedou: Bo Badjie and Solomon Jammeh never promised you such?
Bah: They did.
Tambedou: You were sentenced to twenty five (25) years, how come you are here today?
Bah: That was the will of God.
Tambedou: Are you still serving your sentence?
Bah: No.
Tambedou: Why is that?
Bah: That is the will of God.
Tambedou: Where you granted a pardon?
Bah: No I was released from jail that is all I know.
Tambedou: You were released from jail and promoted to Major?
Bah: Yes.
Tambedou: Do you know why you were released you from jail?
Bah: I don’t know.
Tambedou: Who promoted you?
Bah: God promoted me.
Tambedou: I am putting it to you that you were given a presidential pardon.
Bah: I do not know.
Tambedou: I am also putting it to you that you were given a pardon in order to come and testify against the 1st accused.
Bah: That is not true.
Tambedou: Do you know that after the attempted coup 1st accused was promoted?
Bah: I don’t know.
Tambedou: Do you know that on the 22nd of March 2006 that the 1st accused was decorated and promoted for his role in foiling the 2006 attempted coup?
Bah: I don’t know
Tambedou: Do you know one Corporal Mbye Gaye?
Bah: Yes.
Tambedou: Do you know what role he played in the foiling of the attempted coup?
Bah: I don’t know.
Tambedou: Do you know how many people testified in the court marital?
Bah: I don’t know.
Tambedou: I suggest it is more than ten?
Bah: I don’t know.
Tambedou: Where you present when all of them testified?
Bah: Yes.
Teambedou: Can you tell me one person who gave evidence against the 1st accused?
Bah: I cannot remember.
Tambedou: None of the witnesses gave evidence against the 1st accused during the court martial?
Bah: I cannot remember.
Tambedou: Is the former orderly Modou Jatta arrested?
Bah: I suppose so.
Tambedou: What about Solomon Jammeh?
Bah: He is dead.
Tambedou: What about second Lieutenant Bo Badjie?
Bah: He is around.
Tambedou: Lieutenant Timothy Sanyang?
Bah: He is around.
Tambedou: Did you inform your lawyer of this fact of calling Solomon Jammeh?
Bah: Yes.
Tambedou: And your lawyer agreed with you that you call him?
Bah: Yes.
Tambedou: Did you your issue a witness statement to Solomon Jammeh?
Bah: No.
Tambedou: When Solomon Jammeh came to the court-martial he spoke to you?
Bah: Yes.
Tambedou: Do you know whether he spoke to your lawyer?
Bah: I don’t know that.
Tambedou: Solomon Jammeh convinced you that it was not necessary to call a witness?
Bah: Yes.
Tambedou: Bo Badjie never called you and Solomon Jammeh never told you that?
Bah: They all did.
Tambedou: What was your relationship with Bo Badjie?
Bah: He was my work mate.
Taambedou: What about late Solomon Jammeh?
Bah: He was my friend.
Tambedou: You never saw 1st accused in his office and you never told him that former Colonel Ndure Cham wanted to overthrow the APRC regime.
Bah: I did.

RE-EXAMINATION BY STATE PROSECUTOR, M. ABDULLAHI
Prosecutor: You said you were released by God, what do you mean when you said that?
Before the witness answered the question, Lawyer Tambedou objected to the question, saying “Re-examination is meant to clear ambiguity or doubts and not for any other thing.” He said the prosecutor should only clear his doubt and finish with it. The state prosecutor then cited section 192 subsection (3) of the Evidence Act and said that the purpose of re-examination shall be directed to the explanation of matters regarding the re-examination. The witness was allowed to answer the question.
He (the witness) said God promoted him and further said that God is capable of everything. He then cited Suratul Isha of the Holy Qur’an and said that God explained in that sura his might, his capabilities and what he, God can do. The witness further said that God promoted him and released him because everything is under his control.
The trial judge then asked the witness whether God has an office. The witness in reply said, “Well, God is capable of everything.”
The case was then adjourned till 16 August 2010.