By Madi Jobarteh
It is tragic that the full force of the State has been mobilised not to address corruption, unemployment, or injustice, but to arrest, charge and prosecute young citizens who exhibited the highest form of patriotism in defense of the Constitution and the Republic. The ongoing trial of Omar Camara, Alieu Bah, and Kemo Fatty is not merely a prosecution of three individuals. It is a trial of citizen sovereignty itself. It is an indictment of the constitutional order, the supremacy of the law, and the legitimacy of the people from whom all authority derives.
It is the very constitution itself which is the basis of these youths’ actions. On 10 September 2024, President Adama Barrow removed Auditor General Modou Ceesay from office by appointing him Minister of Trade without convening a tribunal or medical board. The setting up of these bodies were explicitly required by Section 158(5) of the 1997 Constitution, which provides that an Auditor General may be removed only for health reasons or for inability or misconduct, and in conjunction with the NAO Act 2015, through a tribunal or medical review, depending on the grounds for removal. Yet, no such procedure was initiated.
Instead, security forces were deployed on September 15 to forcibly evict the Auditor General from his office in a clear and deliberate violation of constitutional safeguards. In response, young citizens led by GALA peacefully assembled at the National Audit Office to defend constitutional order and prevent an illegal takeover. Their actions were not only justified, but they were also constitutionally obligated.
Section 6 of the Constitution provides that, “All citizens of The Gambia have the right and the duty at all times to defend this Constitution… and to resist… anyone seeking to suspend or abrogate it.”
It went further to state that, “A person who resists the abrogation of this Constitution… commits no offence.” These youths did exactly that. They resisted an unconstitutional action. And in doing so, they committed no offence.
These youths did not burn property. They did not assault anyone, or vandalise, or throw stones, or incite violence, nor did they carry weapons. They only gathered peacefully to uphold constitutional legality. Yet today, they stand charged for unlawful assembly.
Meanwhile, the President who removed the Auditor General outside constitutional procedure remains in office, and the Inspector General of Police who ordered the illegal invasion of a constitutionally protected office remains in office. This is not justice. This is inverted accountability. This is rewarding impunity while punishing patriotism.
This is why this trial represents a fundamental assault on citizen sovereignty. Section 1(2) of the Constitution declares, “The Sovereignty of The Gambia resides in the people… from whom all organs of government derive their authority.” By prosecuting these citizens for defending the Constitution, the State is effectively declaring that sovereignty no longer belongs to the people but to the State itself. This is the very definition of authoritarianism, when power no longer flows from the people to the State, but from the State against the people.
The right to assemble is fully lawful. Section 25(d) guarantees the freedom to assemble peacefully and without arms. Section 17(1) places an obligation on the State to respect and protect this right. And the Public Order Act only requires a permit for assemblies involving a procession, or the use of loudspeakers. On 15 September, the youths did neither. They broke no law. The State has.
This trial represents further a historical betrayal. In the 1920s, Edward Francis Small demanded political freedom. In 1965, The Gambia achieved self-rule under British dominion. In 1970, we became a Republic and placed sovereignty in the hands of Gambians. Yet history shows a heartbreaking pattern where the State has repeatedly hijacked the sovereignty it was entrusted to protect.
From 1994 to 2016, this theft of citizen power reached its peak under the Yaya Jammeh Dictatorship. In 2016, Gambians rose to oust the dictator and declared Never Again. Today, that promise is under assault. This trial is not about public order. It is about public obedience. It is not about crime. It is about control. It is a warning from the powerful to the citizens saying, ‘Do not question power. Do not defend the Constitution. Do not resist illegality or you will be next.’
These three youths are not offenders. They are mirrors reflecting what every patriotic Gambian should be: to be alert, responsible, and prepared to defend the Republic. Their prosecution is a threat to every Gambian who believes in constitutional supremacy, the rule of law, accountability, dignity, and citizen power.
Today it is Alieu, Kemo and Omar. Tomorrow it can be any one of us. Therefore, let us demand that the charges be dropped unconditionally and immediately. We must demand that the weaponisation of police and courts cease. Constitutional violations by public officials must be investigated, not rewarded, and citizen sovereignty must be restored and respected.
Until citizens reclaim their role as the rightful owners of the Republic, poverty, corruption, and injustice will remain permanent tenants of our national home. The Gambia we deserve should be sovereign, just, prosperous, and free for all. It must be defended, demanded, and built.
Free the Youths. Restore the Constitution. Respect the Sovereignty of the People.
For The Gambia, Our Homeland.
