By Tabora Bojang
The National Human Rights Commission has cautioned the police management that its failure to charge or prosecute Police Commissioner Lamin Banda following his 20-month interdiction amounted to a violation of his human rights.
Banda, a regional police commissioner in Lower River Region, was arrested, bailed and suspended on half salary last year over an alleged involvement in a “scrap metal theft”.
The commissioner who denied any wrongdoing is yet to be charged or prosecuted by the police. He has since filed several complaints seeking redress.
On 7 May, 2024, the NHRC wrote to the IGP informing him that the commission had received a complaint from Commissioner Banda claiming that he was “accused of being partial in a land dispute between Sankandi village and Nioro Jattaba and also deploying PIU officers at Nioro Jattaba to prevent entry of eligible Gambian voters resident in Casamance into The Gambia to vote in the 2023 councillors election”.
Commissioner Banda stated in his complaint that he “denied these allegations when confronted by President Adama Barrow during a closed door meeting with heads of regional police structures held at the Soma Immigration Post. He further stated that following this incident he received phone calls from both the assistant inspector general of police responsible for operations and the former IGP directing him to prepare a handing-over note to Deputy Commissioner of Police Ken Mendy”.
The commission continued that Banda claimed he was later “instructed to report to the police headquarters and upon arrival he was arrested and detained for investigation but granted bail” and on 22 June, 2023 he was interdicted and placed on half salary pending the determination of the case against him.
The commission further informed the IGP, it is “very concerned” that one year since his arrest, detention, bail and interdiction, Commissioner Banda is yet to be charged and arraigned before a court, adding that this is a violation of his constitutional right to a fair hearing within a reasonable time.
“We recommend the office of the IGP to swiftly restore the rights of Commissioner Banda or arraign him before a competent court as required by the law,” the commission stated.
The office of the IGP wrote back to the NHRC in a letter dated 16 May, 2024. In their response seen by The Standard, the police explained that there is a “case of stealing from Mansa Konko Police Station that involved one Chinaka Oneyawueke, a Nigerian and Commissioner Lamin Banda and that the matter was investigated and the case file sent to the AG’s Chambers for legal advice” in June 2023.
The police further explained that the AG’s Chambers requested to know the value of the metals allegedly stolen. According to the police, this information was provided to them by the Ferry Services in January 2024 and transmitted to the AG’s Chambers and they are awaiting legal advice.
However, the NHRC wrote back to the IGP on 27 June, 2024 expressing its concern about the “protracted investigation or prosecution” of Commissioner Banda “bearing in mind that he was interdicted and placed on half salary one year ago”. It said Banda also complained about the seizure of his passport by the police despite that not being part of his bail conditions. The commission added that “while a public servant or officer may be interdicted for the purposes of investigation or disciplinary action, such interdiction or suspension cannot be in perpetuity. The continuous interdiction of Commissioner Banda since 22 June 2023, without charge or prosecution may tantamount to a violation of his several human rights. We urge your office to restore his rights.”
According to our findings, the police are yet to respond to this letter from the NHRC which prompted the commission to write a follow-up letter to the IGP on 14 November, 2024 requesting him to provide an update on the matter and steps taken to resolve it.
The scrap metal which was allegedly stolen is said to be valued by the Ferry Services at D56,000. Commissioner Banda in his complaint to the NHRC stated that the scrap metal was meant to support construction of a 20 bedroom housing project for the PIU which he was supervising, adding that the metal dealer had voluntarily pledged to support the regional police command in the spirit of community policing partnership.
Banda who holds a master’s degree from the Oxford Brookes University in UK, argued that the metal was not for his personal use and he had not received any monetary reward or benefit from it.
Commissioner Banda also lamented that his continuous interdiction and the failure of the police command to put his case before a court to determine an acquittal or conviction is “traumatising and has inflicted reputation dent and endless untold sufferings” on him and his family.
