Chief Electoral Officer Convicted

Kawsu Ceesay, the former Chief Electoral Officer of the Independent Electoral Commission (IEC), was yesterday, 17th March 2008 convicted by Magistrate Sainabou Wadda-Ceesay of the Kanifing Magistrates’ Court for being found guilty of the crime of forging the signature of the former Chairman of IEC, Mr Ndondi Njie, in contravention of section 324 of the criminal code. The accused was sentenced to pay a fine of D50,000.00, in default to serve three months’ imprisonment.

In her judgement, Magistrate Wadda-Ceesay told the court that the handwriting expert, who was called by the prosecution as a witness, had testified that the signature on the invoice to purchase electoral materials was purported but not Mr Ndondi Njie’s signature. She however noted that though the handwriting expert testified that the signature was forged, he did not tell the court who forged it.

She further stated that on the other hand Mr Ndondi Njie, in his evidence, denied signing the invoice but did not say that the accused was the one who signed it.

She indicated that the said invoice was not in existence during the tenure of office of Mr Ndondi Njie, adding that the defence witness, the Director of Finance of IEC, was not a credible witness. She acknowledged that the prosecution had nonetheless proved their case beyond reasonable doubt.

Magistrate Wadda-Ceesay inferred that the court believed that the accused had forged the said document, citing some authorities to back her judgement. She at length said that the court was satisfied that the accused had forged the document and that the prosecution had proved its case beyond reasonable doubt. He accordingly convicted the accused for forgery.

In his mitigation on behalf of the accused, Lawyer Batchilly told the court that the accused was a first offender and that by reason of that the court should temper justice with mercy especially as he is a family man. He urged the court not to impose a custodial sentence on the accused but to give him a minimal fine. As an alternative he urged the court to exercise mercy and to caution and discharge the accused.

The magistrate finally sentenced the accused to a fine of D50,000, in default to serve three months imprisonment.

Counsels A.S. Umar and Buba Bojang represented the state.