High Court Grants Bail to Justice Ministry Staff Accused in Multi Million-Dalasi Economic Crimes Case

The High Court in Banjul, presided over by Justice Ebrima Jaiteh, has granted bail to three senior staff members of the Ministry of Justice who are facing six serious criminal charges related to the alleged misappropriation of more than D14 million in public funds.

Seedy Jammeh, Yusupha M. Cham, and Matarr Sylva stand accused of a range of offences, including conspiracy to defraud, theft, economic crimes, forgery, official corruption, and abuse of office. The charges stem from alleged financial misconduct that occurred between 2018 and 2019 at the Intellectual Property Registry Office.

According to a bill of indictment filed by the State Law Office, the trio is alleged to have fraudulently issued receipts and diverted funds collected as fees for trademark applications and renewals. The misappropriated amount is said to total D14,395,620.

The indictment outlines six counts:

• Count One: Conspiracy to defraud under Section 292 of the Criminal Code, for allegedly colluding to defraud the government through the issuance of falsified receipts and misappropriation of public funds.

• Count Two: Theft under Sections 245 and 252, for dishonestly converting the said funds to personal use.

• Count Three: Economic Crime under Section 5(f) of the Economic Crimes (Specified Offences) Act, citing willful financial misconduct that caused serious economic loss to the state.

• Count Four: Forgery under Sections 318 and 322, for allegedly falsifying IFMIS (Integrated Financial Management Information System) records to conceal the illicit transactions.

• Count Five: Official Corruption under Section 86, directed at Cham and Sylva for allegedly exploiting their public offices to obtain unlawful financial benefits.

• Count Six: Abuse of Office under Section 90, accusing the same two officials of deliberately circumventing established financial procedures.

All three defendants pleaded not guilty when the charges were read in court.

While State Counsel M. Sarr did not oppose bail, he requested that the court impose strict conditions to ensure the defendants’ continued appearance. Defence Counsel S. Sonko, representing Jammeh and Sylva, argued that his clients had previously complied with police bail conditions and asked the court to retain those terms. L.J. Darboe, counsel for Cham, emphasized the constitutional right to bail and urged the court to adopt fair and practical terms, including an equitable distribution of any financial obligations.

In his ruling, Justice Jaiteh acknowledged the gravity of the charges but reaffirmed the presumption of innocence as guaranteed under Section 24(3)(a) of the 1997 Constitution. He further noted the prosecution’s lack of objection to bail and the absence of any evidence suggesting that the defendants were flight risks or likely to interfere with witnesses.

Accordingly, the court granted each of the accused bail in the sum of D16 million. Each must provide one Gambian surety who is the registered owner of real estate within the country, valued at no less than the bail amount. The properties must be appraised by a certified valuer, with the valuation submitted to the High Court Registrar within 10 days.

The original title deeds are to be deposited with the Principal Registrar of the High Court and retained in safe custody until the conclusion of the case.

Justice Jaiteh ordered that all three defendants must appear at every court hearing unless formally excused. He warned that failure to comply with the bail conditions would result in immediate revocation and the issuance of a bench warrant.

The matter has been adjourned to July 7, 2025, for hearing.