By Yankuba Jallow
Please understand that the Supreme Court has settled this debate. Do not go with anyone’s opinion. Madi Jobarteh is wrong.
Who will help tell Madi Jobarteh that the debate he had with that Police officer was a dead debate?
Madi was completely fixated on the Public Order Act dealing with processions, but he seems to ignore a critical fact: the Public Order Act is NOT the only law of the land. The Supreme Court settled this matter in November 2017 in the case of Ousainu Darboe & Others v Inspector General of Police & Attorney General.
The law on unlawful assembly is constitutional. The Public Order Act was also declared constitutional. The argument that these laws violate Section 25 of the 1997 Constitution was dismissed. There is now a new law called the Criminal Offences Act. Madi should read it carefully and advise himself better.
Unlawful assembly is different from procession.
So, why was Madi so focused on procession alone?
It is time for civil society to organise, study the law thoroughly, and start informed advocacy. The National Human Rights Commission (NHRC) has been calling on the government to amend the Public Order Act. I support that call. The civil society should use that as a tool for advocacy. It is a genuine thing to do.
Fact-checkers also need to fact-check the press statement issued by the three organisations involved in the PURA data saga. Some of the percentages and figures do not add up. There may be misinformation in there.
The NHRC should play its role by educating organisation leaders, some of whom are clearly misinformed. Madi should not be excluded from that. The Supreme Court addressed both procession and unlawful assembly. Some lawyers making recent public comments may not be aware of this decision either. Please target them too.
To the youth: Understand that there are two laws at play:
1. Public Order Act – deals with processions (requires permit).
2. Criminal Offences Act (formerly Penal Code) – covers unlawful assembly.
Do not be misled into thinking that the Public Order Act is the only law in this discussion.
Let us respect the Supreme Court as the highest court of the land and the only body with the power to interpret the Constitution.
Forget opinions. The law is clear.
Section 69 of the Criminal Code = unlawful assembly and Section 9 of the Public Order Act = conduct likely to breach the peace
Lawyer Ousainu Darboe and others tried to have these laws declared unconstitutional. The Supreme Court dismissed all their claims and held that both laws are constitutional.
Let’s be guided by facts and the rule of law.
There was a bill before the National Assembly to amend the Public Order Act. It was withdrawn with no clear communication to the public. You did not protest. This was something that concerns all of us. You protested over other issues like the Judiciary Remuneration Bill and FGM among others. Now is the time to unite as a civil society to push for the bill to be brought back to amend the Public Order Act and any other law that hampers peaceful assembly.
