Dear Editor,
The swirling winds of controversy surrounding the Barrow administration’s push to prosecute former President Yahya Jammeh and his associates—based on the TRRC (Truth, Reconciliation and Reparations Commission) report—have remained a subject I consciously avoided addressing. However, the unrelenting buzz in both mainstream and social media, at home and abroad, leaves me with little choice but to wade into this contentious debate.
At first glance, the government’s insistence on these prosecutions seems to be a quest for justice. Yet, upon closer inspection, it feels more like an exercise in “lawfare.” By this, I mean the calculated use of a legally dubious and politically skewed report, crafted by individuals of questionable objectivity, to settle scores rather than deliver true justice.
As a member of the APRC-NPP negotiating team—the architects of the coalition that paved the way for President Barrow’s 2021 re-election—I speak from an informed perspective. The coalition’s foundation rested on a Memorandum of Understanding (MoU) explicitly advocating amnesty for Jammeh. This agreement was not just a mere footnote; it was a central tenet, endorsed by APRC supporters nationwide and presented with much fanfare. President Barrow even demonstrated goodwill by personally engaging with Jammeh’s family before the campaign season began, a move that resonated with many.
Regrettably, Jammeh’s dramatic rejection of the MoU at the last minute fractured the APRC into rival factions: the pro-alliance group, led by Fabakary Tombong Jatta, and the “No To Alliance” faction, steadfastly loyal to Jammeh. This split altered the political landscape, yet the APRC-NPP alliance endured, supported by the majority of APRC members across the country, save for Jammeh’s stronghold in Foni.
Jammeh’s rejection of the MoU was baffling to many. Some speculate he feared an amnesty deal might pressure Equatorial Guinea to rescind his asylum, leaving him vulnerable to extradition. Others attribute his actions to mysterious forces, whispering of supernatural influences clouding his judgment. Regardless of the cause, his last-minute intervention disappointed many APRC loyalists, particularly those who had trusted Fabakary Tombong Jatta’s leadership and vision.
While Jammeh’s loyalists continue to support him, a significant number of Gambians—including those aligned with Fabakary Tombong Jatta—view the TRRC with skepticism. The commission’s processes, membership, and final report are widely perceived as riddled with bias and political motivations, undermining its legitimacy.
The APRC executive, under Fabakary Tombong Jatta, had previously voiced these concerns in a detailed petition to the NPP government. This document highlighted grave constitutional breaches in the establishment and conduct of the TRRC, particularly regarding the qualifications of its commissioners and its procedural irregularities. These grievances were illustrated in the petition and formally submitted to the Ministry of Justice, challenging the legal and moral foundation of the TRRC’s recommendations.
Navigating this issue demands a nuanced approach, one that recognizes the delicate interplay of justice, politics, and societal unity. To weaponise the TRRC’s flawed findings for political gain risks deepening national divides. Instead, any actions taken must genuinely serve the cause of justice, fostering reconciliation and stability in our fragile democracy.
This is no ordinary political storm; it is a tempest that tests our resolve to balance justice with fairness and truth with unity.
The petition laid bare a storm of controversy, asserting that key figures of the TRRC—from the Chairman and Vice Chairman to investigators and even the lead counsel, Essa Mbye Faal—were constitutionally unfit to serve in their roles. The flimsy justification for their appointments, pegged on the TRRC Act passed by the National Assembly, was deemed a house of cards. Curiously, the Act itself made no mention of a lead counsel, let alone the qualifications, duties, or boundaries of such a role. Into this vacuum stepped Essa Faal, anointed as the commission’s undisputed “Alpha and Omega” by Justice Minister Abubacarr Tambadou, a confidant who seemingly wielded unchecked authority to crown his ally. Faal’s tenure, marked by eyebrow-raising remuneration and a sweeping mandate, became the stuff of legend—for all the wrong reasons.
Adding fuel to the fire, the TRRC Act demanded that members remain apolitical, yet Essa Faal later emerged as a self-proclaimed champion of the UDP, publicly pledging allegiance to the party. His sudden political turn was widely perceived as a betrayal of the commission’s sacrosanct impartiality but was conveniently brushed aside. Old footage now circulating among APRC loyalists shows President Barrow himself lambasting Faal, accusing him of using the TRRC as a launchpad for personal political gain. The videos also resurrect claims of Faal pocketing a princely salary for what many critics deride as a lackluster performance.
For a growing chorus of NPP supporters and Gambians, Faal’s involvement in the TRRC is seen as a calculated power play—a move designed to undermine the Barrow administration and cement his own political ambitions. His dramatic failure in the 2021 presidential election, far from extinguishing his aspirations, has only emboldened him. Now, with the 2026 elections looming, Essa Faal has returned to the political fray, wielding his polarising TRRC legacy as a tool to galvanize support in his bid to unseat President Barrow.
The irony is obvious: despite the Barrow government’s awareness of Essa Faal’s contentious track record, it seems intent on implementing the TRRC report, including the prosecution of former President Yahya Jammeh. This strategy risks alienating APRC supporters—a critical voting bloc—even as their leader, Fabakary Tombong Jatta, continues to ally with the NPP. Dissenting voices, such as Baxo Jaiteh, who often extol the APRC-NPP coalition, are now raising alarms about prosecuting Jammeh. Meanwhile, Justice Minister Dawda Jallow’s fervent push for legal action against Jammeh has only deepened the cracks in this precarious alliance.
One cannot overlook the shadows cast by the International Criminal Court (ICC) on these proceedings. When Jammeh’s case was initially presented to the ICC, then-Gambian prosecutor Fatou Bensouda declared that the allegations fell short of the court’s threshold. So, what gives Justice Minister Jallow the confidence to succeed where even the ICC hesitated? Intriguingly, Essa Faal’s prior tenure at the ICC alongside Mrs Bensouda raises questions about her conspicuous absence from the TRRC’s proceedings. Could Faal’s influence—or lack thereof—have played a role in sidelining her testimony?
To compound matters, reports have surfaced suggesting that key testimonies underpinning the case against Jammeh and his associates were extracted under duress. Members of the notorious “Junglers” unit, for instance, claim they were strong-armed into implicating themselves to escape harsher repercussions.
As the Barrow government navigates this treacherous terrain, it must tread with utmost caution. Moving forward with prosecutions in 2025 risks inflaming opposition narratives, bolstering Essa Faal’s renewed political ambitions, and destabilizing the fragile APRC-NPP coalition. The stakes are monumental, and the ripple effects of a misstep could reverberate far beyond the TRRC report’s intended scope, threatening the very stability of the Barrow administration.
Retired Lt Colonel Samsudeen Sarr,
Former Commander of The Gambia National Army
