The High Court has overruled an objection raised by defence counsel in the ongoing civil case GACH Global Trading Company Ltd v. Khadijatou Kebbeh & Saikou Drammeh, allowing key witness testimony to proceed. The testimony revealed that Saikou (Saihou) Drammeh, the 2nd Defendant, allegedly received €749,965 and $240,000 from Khadijatou Kebbeh through her brother, Harouna Kebbeh, purportedly for fuel supply transactions.
A video showing bags filled with euro and dollar notes was played in court as part of the testimony of Prosecution Witness Two (PW2), Abdoulie Saine, a former friend of Saikou Drammeh.
Before the witness took the stand, Counsel B.S. Conteh, representing Saikou Drammeh, objected to the adoption of PW2’s affidavit as evidence-in-chief. He argued that the affidavit, filed on 13 June 2022, violated Order 23 Rule 14(1) and (6) because it was not filed “together with” the originating writ, which was issued on 20 December 2021.
Counsel Ida Drammeh, for the plaintiff GACH Global, and Counsel K. Jallow countered the objection, urging the court to admit the witness statement and allow cross-examination.
Presiding Justice Jaiteh ruled that the only relevant issue was whether the rules barred the admission of the affidavit due to its filing date. He clarified that Order 23 Rule 6, as amended, provides three alternative conditions for the timing of affidavit filing—one of which permits prior filing followed by proper service on the opposing party.
He noted the following uncontested facts:
- Writ of summons filed: 20 December 2021
- PW2 affidavit filed: 13 June 2022
- Service on the 2nd Defendant and counsel: 20 October 2022
Justice Jaiteh found that this service fulfilled the requirements of the rule. He added that the rule aims to prevent “surprise or ambush” during trial conditions that the defence failed to demonstrate. On that basis, the objection was overruled, and the witness was allowed to adopt his affidavit and be cross-examined.
Following the ruling, Abdoulie Saine adopted his statement and was cross-examined under oath by Counsel K. Jallow.
Saine recounted an incident on 20 October 2021, between 9:00 and 10:00 a.m., when Harouna Kebbeh delivered two bags to Saikou Drammeh at his residence in Brufut. The bags, he said, were sent by Khadijatou Kebbeh.
According to Saine, Saikou opened the bags in the living room, revealing large sums of money in euros and dollars. Saikou allegedly photographed the cash before moving the bags to his office. Saine said he was then asked to record a video as Saikou counted the money and calculated the amounts on his phone—€749,965 and $240,000.
When asked the purpose of the funds, Saine stated, “He said the money was from Kaddijah Kebbeh for fuel supply.”
Counsel Jallow requested that the video be played in court. After viewing it, Saine confirmed that the bag shown was the one delivered by Harouna Kebbeh, identified his own voice in the recording, and stated that the hands seen in the video belonged to Saikou Drammeh. He further explained that a proverb heard in the recording was one commonly used by Saikou.
Saine’s full testimony is expected to continue.
The civil action involves former GACH employee Khadijatou Kebbeh (1st Defendant) and former Gam Petroleum Managing Director Saikou Drammeh (2nd Defendant).
GACH Global Trading Company is seeking to recover D58,961,150, which it alleges was fraudulently obtained and withheld by the defendants. The company is also claiming:
- $221,000 allegedly received as payment for petroleum products supplied from the Gam Petroleum Storage Facility
- $1,600 paid to Ms. Kebbeh as a commission for facilitating a petroleum agreement dated 16 September 2021
- D1,000,000 in legal and administrative costs
- 24% interest from 31 August 2021 until judgment, then 4% until full settlement