By Omar Bah
The NPP Alliance has expressed support for President Adama Barrow’s opinion on the ‘guilt’ of Ousainou Bojang and his co-accused in the murder of Constables Gomez and Jallow.
The statement signed by the NPP Grand Alliance Coordinator Mai Ahmad Fatty acknowledged the tragedy of the officers’ deaths and noted that the court’s acquittal does not necessarily imply innocence.
The NPP Alliance argued that President Barrow’s opinion is a legitimate expression of his constitutional right to freedom of expression. The statement highlighted the government’s commitment to upholding the rule of law and respecting the independence of the judiciary.
The alliance also commended the government’s decision to release the accused, describing it as a sign of a mature and responsive government. The statement emphasised the importance of respecting the court’s decision and pursuing justice through proper channels.
“Not guilty verdict in law does not always necessarily imply innocence of the alleged crime. Ousainou Bojang and his co-accused are not neccesarily innocent as per the verdict, and the judge did not state anywhere in his judgement that they were fully innocent. What that meant is that there was some evidence presented in court against them, but not sufficient enough to satisfy the standard of overwhelming culpability. Therefore, President Barrow is reasonably justified in his subjective personal opinion of guilt of the accused persons.”
Like all Gambians, the statement added, being president did not deprive Mr Barrow of his fundamental constitutional right to freedom of opinion.
“His opinion that the Bojang siblings are guilty, is an expression that is protected by the constitution, and his high status as Head of State does not disrobe his individual, personal entitlements under Gambian constitution to publicly pronounce his personal views on matters of public interests.”
The NPP Alliance further argued that President Barrow’s statement was legitimate expressions of freedom of expression the constitution granted him.
“His rights cannot be suspended or circumscribed by any person, institution or authority simply because of his high status. This is irrefutable as the dictate of the law, and by all objective standards. If such opinion tantamount to law or policy, the accused would have been still under restraint, and no seismic distractions in the streets would have altered that.
Hundreds of thousands of citizens share this same view with President Barrow across the country. The inescapable inference is the clear signal by the court as to what must now be pursued, and nothing should obstruct that.”
It added that anyone who declares public knowledge about the shooters, would have reasonably conditioned themselves subject to further investigations, and as potential persons of interest to law enforcement.
“What followed the verdict, however, gave us all pause. No one will condemn the State for seeking to protect the public interest as it understood it. An appeal lies as of right in our law, and the State, which bears the sacred responsibility for public safety and justice for fallen officers, was acting in good faith and with good intentions. Yet the manner and the timing appeared to have created a misconceived impression of an affront to judicial authority that this Republic did not intend to project, either to its citizens or to the watching world.”
It added: “President Barrow came to power on a promise to dismantle the architecture of impunity that had held this country in fear for twenty-two years. He has, across nearly a decade in office, presided over the operationalisation of an independent judiciary that acquits accused persons even in the most emotionally charged of cases. That is not a modest achievement. That in the African context is rare and revolutionary. When a court in The Gambia under President Barrow acquits two individuals charged with the murder of police officers, and the State ultimately respects that outcome, the world must understand what that represents. It represents the irreversible maturity of Gambian democracy.”
