By Sainabou Sambou
In a landmark ruling that has sent ripples through the Gambian justice system, Justice Ebrima Jaiteh of the High Court in Banjul on Monday convicted Ismaila Janneh of the murder of Alieu Jallow and sentenced him to death by hanging.
The judgment, delivered after a protracted trial, marks the latest high-profile murder case in which the mandatory death penalty under the Criminal Code has been imposed for a knife-related killing among young men. Justice Jaiteh ruled that the prosecution proved beyond reasonable doubt that Janneh fatally stabbed Jallow during a confrontation at Brufut Ghana Town on December 27, 2023.
State Counsel M. Sarr led the prosecution, while Counsel C.U. Uduma, later joined by F.C. Anyanwu, represented the accused. Janneh, who had pleaded not guilty when first arraigned on March 18, 2024, now faces execution unless his anticipated appeal succeeds.
The court heard that Janneh was charged with murder contrary to Section 187 of the Criminal Code. The particulars alleged that on the fateful evening, with malice aforethought, he caused the death of Alieu Jallow by stabbing him with a knife at the Brufut Ghana Town football field in the Kombo North District.
Delivering a detailed and meticulously reasoned judgment, Justice Jaiteh rejected the defense’s twin claims of self-defense and accidental death. He described the prosecution’s evidence – particularly from the key eyewitness – as credible, consistent, and powerfully corroborated by medical findings.
Eyewitness Account of the Fatal Confrontation
The prosecution called five witnesses and tendered several exhibits. Its star witness, Babucarr Manneh, testified that he and the deceased had gone for dinner before returning to the football field. Shortly afterward, Janneh approached them and began insulting Jallow’s mother.
Manneh said he calmed the deceased and urged him not to respond, noting that Janneh was older. However, Janneh persisted, demanding that Jallow accompany him to the police station over a mobile phone dispute that had already been resolved. Without warning, Janneh allegedly punched Manneh in the forehead, knocking him down.
When Manneh regained his footing, he saw Janneh brandishing a knife. The accused allegedly attempted to stab him multiple times, striking his backpack instead. Bystanders shouted warnings, prompting Manneh to retreat. Jallow then intervened, striking Janneh twice with a stick that broke on impact.
Manneh told the court that Janneh immediately rushed at the deceased with the knife. Though he tried to use his backpack as a barrier, the blade had already pierced Jallow, who collapsed instantly. Janneh fled the scene. Manneh noticed a stab wound on the right side of Jallow’s rib cage and rushed to the police station to report the incident.
Under rigorous cross-examination, Manneh acknowledged that the deceased had struck Janneh with the stick first but firmly denied that the stabbing was an act of self-defence or that Jallow had accidentally fallen onto the knife. He insisted he saw Janneh deliver the fatal blow.
Police and Medical Evidence
Assistant Superintendent of Police Dodou Sanneh testified that Janneh voluntarily surrendered at the Police Intervention Unit base shortly after the incident. Janneh reportedly claimed the deceased had stolen his phone months earlier and that they fought after meeting at the field, during which he said he struck Jallow with a stick. However, eyewitnesses at the scene told investigators a different story – that Janneh was armed with a knife.
Police searches failed to recover the weapon. Investigations also found no record in the station diary of any prior complaint by Janneh about the alleged stolen phones.
Officer Muhammed Baldeh emotionally recounted rushing the victim to hospital. Jallow, bleeding profusely and struggling for breath, repeatedly pleaded, “Help me, I am going to die.” Despite efforts to beat traffic, he was pronounced dead at Kanifing General Hospital.
Consultant Pathologist Dr. Ousman Leigh performed the autopsy two days later. He found a small superficial cut on the left leg and a deep penetrating wound – three centimeters long and nearly 20 centimeters deep – to the back of the right chest. The knife had pierced the right lung, causing about 1.7 liters of blood to collect in the chest cavity – roughly one-third of the victim’s total blood volume – leading to lung collapse and massive internal bleeding.
Dr. Leigh concluded that death resulted from the penetrating stab wound. While he acknowledged a minor typographical error in the report and the theoretical possibility of an accidental fall onto a sharp object, he maintained the injury was consistent with a deliberate stab.
Defense Testimony and Arguments
In his defense, Janneh denied ever carrying or using a knife. He claimed the deceased and Manneh had earlier robbed him of two phones and D1,200. He said he recovered one phone after reporting to police. On the day in question, he alleged the pair attacked him with a stick and bottle, inflicting injuries to his neck and chin. He insisted Manneh’s swinging bag struck the deceased and fell, causing the injury accidentally.
Defense counsel argued that the prosecution failed to prove its case beyond reasonable doubt, highlighting the missing knife and questioning aspects of the medical evidence. They maintained that any action by Janneh was self-defense.
Judge’s Reasoning and Conviction
Justice Jaiteh emphasized that the burden of proof lies squarely on the prosecution. He found no dispute that Jallow died. The central question was whether Janneh caused the death with malice aforethought.
The judge praised PW1 (Manneh) as a credible eyewitness whose account withstood cross-examination. Medical evidence strongly corroborated it. The absence of the knife did not undermine the case given the direct testimony and autopsy findings.
Justice Jaiteh dismissed Janneh’s version, noting that a fall after being hit by a bag could not produce a 20-centimeter deep penetrating wound to the lung. On self-defense, he ruled it unavailable because Janneh denied the stabbing entirely. Even if accepted, a chest stab was grossly disproportionate to being hit with a stick.
Malice aforethought was inferred from the use of a deadly weapon on a vital body part. “A person who inflicts such a deep wound must know that it is likely to cause death or serious bodily harm,” the judge stated.
Finding all ingredients of murder proved, Justice Jaiteh convicted Janneh.
Mandatory Death Sentence and Sentencing Remarks
Under the Criminal Code applicable in December 2023, murder carries a mandatory death sentence. Although the Criminal Offenses Act 2025 now prescribes life imprisonment, it cannot apply retrospectively.
Justice Jaiteh described the case as a tragic reminder of the dangers of unresolved disputes, anger, revenge, and knife violence among youths. “One life has been lost, one family devastated, and the convict has destroyed his own future,” he lamented.
He urged Gambian youths to embrace peaceful dispute resolution and called on parents, teachers, religious leaders, and elders to instill values of discipline, patience, and respect for human life.
Pursuant to Section 188 of the Criminal Code, Janneh was sentenced to death. The court reminded him of his right to appeal both conviction and sentence. Instructions on the manner of execution will be issued by the Minister under Section 28 of the Criminal Code, in line with Section 251 of the Criminal Procedure Code.
