By Tabora Bojang
The Ministry of Justice has warned Gambians Against Looted Assets (GALA), a group of Gambians who protested against corruption and lack of transparency in the sales of Jammeh’s assets to refrain from using the term “looted assets” in their name or title unless they are able to clearly ground the use of such a term in official reports, legal proceedings, or government-endorsed initiatives such as assets recovery programmes launched pursuant to findings of a truth commission or court of law.
“Alternatively, consider using more neutral and development-oriented language, such as transparency, accountability, good governance, or assets recovery advocacy, which may better reflect your objectives without raising legal or reputational concerns,” the ministry said in its response to an application by Gala for registration.
According to the letter submitted to Gala yesterday signed by the deputy register of companies, the ministry argued that the group’s application was rejected due to a number of legal and procedural deficiencies.
It argued that the group’s proposed name “Gambians Against Looted Assets” raises legal and interpretative concerns under the Companies Act 2013. The letter stated that except with the consent of the registrar of companies, a company shall not be registered by a name which includes the word ‘national, state, government of The Gambia or any name which is calculated to suggest that such an entity enjoys the patronage of the government or department of the state.
“Your name may reasonably be interpreted as suggesting that your organisation speaks for the collective Gambian population or acts on its behalf in matters of national interest; that you enjoy national consensus, moral legitimacy or state backing in pursuing anti-corruption efforts; that your stance aligns with or mirrors the official policies of functions of state anti-corruption institutions. In the process of registering charitable organisations, where public trust and legitimacy are central, such implications require careful scrutiny. In the absence of formal approval or special legal status, the use of such language is not appropriate and is therefore a ground for rejection.”
The ministry, also deduced that Gala’s application for registration as a charitable organisation does not comply with the mandatory procedural requirements of the Companies Act as it submitted only one printed copy of the association’s constitution contrary to the requirement that two are to be submitted. The ministry further explained that Gala also failed to submit duly signed copies of the minutes of its meetings appointing the persons responsible for the application and failure to submit any impression or drawing of the association’s common seal.
The ministry also explained that the application was rejected on the grounds that the term “looted assets” is “prejudicial” and implies that there have been “assets unlawfully stolen or appropriated” when there is no clarification that in the application on what assets are being referred to nor is there any reference to formal findings, investigative outcomes or legal determination that confirm the existence of such looted assets.
Permit for protest
Meanwhile, Gala in the recent, submitted an application for a police permit to embark on a public protest against corruption on Tuesday July 25. The group said it is protesting against the recent US$30 million Russian oil scandal in which senior officials including two ministers were implicated, malpractices exposed in GPA corruption report, malpractices exposed in GT Board staff petition, malpractices exposed by NAO audit reports on EFSTH, IEC, Covid-19 funds, corruption at Gambia Football Federation, passport scandal, government’s illegal land allocations among others.
It remains unclear whether the police will issue them a permit. The group however vows to go ahead with or without the permit as was the case in their previous national protest.
