By Alieu Jallow
Abdolfazel Kia Rostami, a German national, and Modou Kujabi, a Malian national, are currently on trial facing two counts of felony.
These charges violate section 368 and section 291 of the criminal code cap 10 vol. III laws of The Gambia 2009, which pertain to felony and obtaining credit by false pretences, respectively.
The trial is taking place before Magistrate Touray at the Kanifing Magistrate Court.
STATEMENT OF OFFENCE
Conspiracy to commit felony Contrary to Section 368 of the Criminal Code Cap 10:01 Vol III Laws of the Gambia 2009.
PARTICULARS OF OFFENCE
“Abdolfazel and Modou Kujabi, for what you did on or about 26th July 2023 at Senegambia in the Kanifing Municipality of the Republic of the Gambia, You conspired with intent to Commit a felony therein, to wit: obtaining credit by false pretences, thereby Committed an offence.”
Count two
STATEMENT OF OFFENCE
Obtaining credit by false pretences contrary to section 291 of the criminal code cap 10 vol. III laws of The Gambia 2009.
PARTICULARS OF OFFENCE
“Abdolfazel ka Rostami and Modou Kujabi for what you did on or about the 26th of July, 2023 at Senegambia in the Kanifing Municipality of the Republic of the Gambia, you by false pretence with intent defraud, induce, obtain from AMB Ahmed M Adams the sum of D930,000 equivalent to £20,000 with the pretext that you were going to refund him the said Sum within two to four weeks upon Selling your property In German which representation was false and knew it to be false, thereby committed an offence.”
In his testimony, AMB Ahmed M Adams, a retired Nigerian ambassador to Guinea Bissau and Cape Verde, informed the court that he encountered the first accused last year. He said the accused was residing with a mutual friend who implored him to help the accused by sending $30,000 to Germany to cover legal fees for the sale of his property, with a promise of reimbursement.
PW 1 stated that he felt compelled to assist and had to organize a money transfer from Nigeria. He informed the court that he had advised the first accused of the exchange rate fluctuations and suggested waiting for it to stabilize. However, he noted that the first accused insisted on sending the money regardless of the fluctuations and that the resulting amount in Gambian currency should be treated as either 20,000 or 30,000 dollars.
“So, I transferred the money, and it amounted to D930, 000 meanwhile the first accused person and I made an agreement for him to loan him $20,000 U.S. dollars to be refunded with interest”
The matter was adjourned to Tuesday 5th November at 13:30 for a continuation of hearing PW 1
