By Omar Bah
Femi Falana, a renowned senior advocate of Nigeria and human rights activist has described the charges against The Voice Newspaper editors as a huge embarrassment and advised President Adama Barrow to drop them.
Trouble started when The Voice Newspaper reported in its September 23rd, 2024 edition that President Barrow “is working on an exit plan a little more than two years before Gambians return to the poll to elect their next President. The paper further reported that President Barrow has chosen politically little-known Muhammed Jah as his successor causing consternation and trepidation among some top members of the ruling party.
But instead of making his party to do a public rejoinder, the President caused his solicitors, Ida Drammeh and Associates, to write a letter to Musa Sheriff, Managing Editor of The Voice Newspaper, threatening legal action against the paper for publishing the article captioned “Barrow Chooses Muhammed Jah as Successor as President Barrow works on Exit Plan.”
Reacting to the development, Falana said the trial of the journalists constitutes a huge political embarrassment as it is anchored on a law promulgated by the discredited Yahya Jammeh regime.
He said the trial has also exposed the Government to the charge of political opportunism having accepted the recommendation of the Truth, Reconciliation and Reparation Commission to repeal Section 181A of the Criminal Code.
“The trial of the journalists is illegal, null and void as the Court of Justice of the Economic Community of West African States (ECOWAS) has declared Section 181A of the Criminal Code unconstitutional. As long as The Gambia remains a member of the Ecowas, it is not permitted to rely on the judgment of a domestic court, including its Supreme Court, to subvert the decision of the Ecowas Court.”
He said having regard to the facts and circumstances of the publication and the reaction of the Government of The Gambia, President Barrow ought to have issued a public denial of the publication of The Voice Newspaper.
The Government of the Gambia, he added, has a clear obligation to abide by the African Charter, the International Covenant on Civil and Political Rights and the Revised Ecowas Treaty.
“The Gambia post –Jammeh has a commendable record amongst Ecowas member states of being the most compliant member state with Ecowas Court Rulings. As a Country going through a transitional justice process, this latest move to weaponise a Jammeh–era draconian law flies against the face of that reputation and undermines the Government’s avowed commitment to restoring the rule of law, human rights culture and democratic governance.”
“In the light of the foregoing, we are compelled to call on the Barrow administration to withdraw all charges and discontinue the trial of Musa Sekou Sheriff and Momodou Justice Darboe, and repeal Section 181A of the country’s Criminal Code in strict compliance with the valid and subsisting judgment of the Ecowas Court.”
