When the case was called yesterday, Dr Bah said Mr Dibba who was also one-time permanent secretary at the Ministry of Foreign Affairs did not complete his term of office as The Gambia’s ambassador to Cuba.
“Dr Bah do you know the reason(s) why Mr Yusupha Dibba did not complete his term of office as ambassador?” his lawyer, Lamin Mboge asked him during re-examination.
Replying, Dr Bah said: “Yes I know why Mr Dibba did not complete his term of office as ambassador. Mr Dibba was recalled for none performance as he woefully failed in the assignments given to him.” Objecting to the statement, the state prosecutor in the trial, Mr Bah, said Dr Bah cannot make assessment of why Mr Dibba was recalled. He argued that the accused had not given evidence as an expert of civil service and therefore the answer cannot be allowed under the rule of Evidence Act. He therefore urged the court to disallow the question. Responding, lawyer for the accused, Mr Mboge said the objection was ‘premature’ because Dr Bah did not complete his answer. He cited Section 2 of the Evidence Act which he read out before the court to support his argument.
Mboge further argued: “The relationship between my client and Mr Dibba has extensively been cross-examined by the prosecution. My client has been the boss of Mr Dibba for years and it is clearly stated on record. And what my client said was the fact and not an opinion so I therefore urged the court to allow him to answer the question in order to make progress.
Still not convinced, the prosecutor referred the court to Section 3 of the Evidence Act as well a website dictionary definition of the ‘opinion’ and urged the court to overrule the question. However, his objection was overruled by the court. Dr Bah then continued: “When you are appointed as an ambassador, you are given assignment to work on when you assumed office.”
“Now, Dr Bah what do you mean he (Mr Dibba) failed woefully in his assignment?” his lawyer inquired further.
Replying, Dr Bah said: “Mr Dibba was assigned to improve the bilateral cooperation between The Gambia and Cuba that exists between the two countries. He was also assigned to bring projects such as agriculture, issues on Cuban doctors who are here and the Gambian students studying in Cuba. Mr Dibba has woefully failed in all those areas I have mentioned and that was the reason why he was recalled to The Gambia for none performance and he was not happy about it.”
Hearing resumes May 14.
Prosecutors charged that Dr Njogu Bah abused his office when he was the secretary general by appointing one Ms Jainaba Jobarteh, as The Gambia’s representative to the United Nations without following due procedure. He has since maintained his plea of not guilty.]]>