By: Nicholas Bass
Justice Ebrima Jaiteh of Banjul High Court on Monday sentenced one Famara Kanteh to death for killing one Omar Ceesay alia ”Bahoreh” on January 9, 2020, at Manjai Kunda in the Kanifing Municipality, The Gambia.
According to the court record the convict, Famara Kanteh pleaded not guilty to a single count of murder contrary to section 187 of the Criminal Code, Cap 10:01, Volume 3, Laws of The Gambia.
Justice Jaiteh, however, in the verdict recalled that the convict, Famara, a cocoanut seller, was a neighbour of the deceased, Omar Ceesay, who requested a green teapot locally known as ‘attaya pot’ to brew his tea. He added that the deceased at the time refused to give it to him with an excuse that Famara should wait until he was done.
He further stated that after taking the ”attaya pot” from the deceased, Famara (convict) failed to return it on time, adding that such aroused a bitter argument between Famara and Omar which made the convict angry, and started insulting the deceased’s mother and threatened to kill him.
According to the prosecution witnesses, on the following day after a heated argument between Famara and the deceased (Omar), they were separated, stating that Famara claimed to have sustained an injury which made him seek medical treatment thereafter.
”On the following day, the accused again approached the deceased and started insulting him. He attacked him and stabbed him on his right leg, he fell down and subsequently died as a result of profuse bleeding,” state witnesses affirmed in court.
Justice Jaiteh in passing a sentence against Famara said that the law on murder, contrary to section 187 of the Criminal Code, under which Famara Kanteh stands accused stated that: ”any person who of malice aforethought causes the death of another person by unlawful act or omission is guilty of murder”.
He stressed that the offence of murder is one of the heinous and abominable crimes of the land, adding that when committed, the culprit is charged, tried, and found guilty upon all the available evidence presented before the court including his/her defence thereto attracts death sentence against the accused.
Justice Jaiteh at that juncture stated that before passing sentence, he found it expedient to state that section 18 (2) of the 1997 Constitution of The Gambia permits the imposition and execution of the death penalty, however, he stated that upon assumption of office President Adama Barrow in 2018 placed a moratorium on the death penalty in honour of The Gambia’s commitments under the Second Optional Protocol to the ICCPR.
Justice Jaiteh cited that section 18 (3) of the Constitution (supra) provides that the National Assembly shall within ten (10) years from the date of coming into force of the 1997 Constitution review the desirability or otherwise of the total abolition of the death penalty in The Gambia.
”Time has elapsed but the said provision has not been reviewed by the National Assembly and as such this Court’s hands are tied. Therefore, having found the convict Famara Kanteh guilty of the murder of Omar Ceesay brutally, cowardly and considering that this court does not have any discretion under section 188 of the Criminal Code, Cap 10:01, Volume 3, Laws of The Gambia, the convict Famara Kanteh is hereby sentenced to death under section 250 of the Criminal Procedure Code, Cap 11:01, Volume 3, Laws of The Gambia,” Justice Jaiteh ruled.
Man, sentenced to Death Sentence
