By Abdul Haqq
This communication is offered with the utmost respect and sincerity, in the spirit of truth (al-ḥaqq), patience (ṣabr), justice (adl), and national unity, as enjoined upon believers in the Holy Qur’an:
> وَتَوَاصَوْا بِالْحَقِّ وَتَوَاصَوْا بِالصَّبْرِ
“Wa tawāṣaw bil-ḥaqqi wa tawāṣaw bis-ṣabr.”
— Surah Al-‘Asr (103:3)
“And they enjoined upon one another the truth, and enjoined upon one another patience.”
This counsel seeks to provide clarity, legal perspective, and ethical guidance on the matter of former President Yahya Jammeh’s return, the TRRC findings, and the obligations of governance under both domestic and international law.
The TRRC and the Principle of Natural Justice
The Truth, Reconciliation and Reparations Commission (TRRC), while essential for documenting historical grievances, is not a court of law. It was established under the TRRC Act primarily to recommend reconciliation, reparations, and systemic reforms, not to adjudicate guilt or impose criminal penalties.
Key Legal Principle:
Audi alteram partem — “Let the other side be heard” — is fundamental to the rule of law. Any adverse mention or finding without giving the subject a proper opportunity to present their defense is null and void in law.
Supporting References:
1. Constitution of The
ambia (1997) — Section 24(1)(a) guarantees the right to a fair hearing before a competent tribunal.
2. Supreme Court Precedents: Attorney General v. Gambia Press Union (2006) — affirmed that no citizen may be prejudged or penalised without a fair opportunity to respond.
3. International Law: Universal Declaration of Human Rights, Article 10 — guarantees the right to a fair and public hearing.
International Covenant on Civil and Political Rights, Article 14 — mandates procedural fairness, legal representation, and examination of witnesses.
Legal implication: Any adverse findings by the TRRC against former President Jammeh, including claims of human rights violations, cannot form a lawful basis for prosecution or official condemnation until tested in a competent court with full due process.
History provides a cautionary precedent: the same lawyers and advisers under then Attorney General Abubacar Tambadou, who later served in positions connected to the TRRC, were complicit in misappropriation of state assets, misrepresentation, and betrayal of the office of the former President. Their impartiality, therefore, must be critically assessed.
Constitutional rights and immunity of former presidents
Under Sections 69(1–3) of the 1997 Constitution and the Former Presidents Act, a former President enjoys:
Constitutional immunity from prosecution for acts committed while in office, unless immunity is formally lifted by Parliament
Privileges, protections, and dignity associated with the Office of Former President
Full right to due process in any legal challenge
> Principle: Until a competent court determines otherwise, former President Yahya AJJ Jammeh is legally innocent.
It is worth emphasising that you, Your Excellency, will one day become a former President. The manner in which former heads of state are treated now sets precedents for your own constitutional protection and legacy.
On the “unsigned” joint declaration and political legitimacy
The Government’s press release minimised the Joint Declaration of Ecowas, AU, and UN, describing it as unsigned and non-binding.
Counterpoint:
This declaration was negotiated by Dr. Mohammed Ibn Chambas, then UN Special Representative for West Africa and the Sahel and adopted by Ecowas, the AU and the UN and immediately published and broadcasted.
It ended the political impasse following the 2016 elections and legitimised the swearing-in of President Barrow, which otherwise would have been constitutionally irregular, as the Supreme Court appeal of the IEC results was still pending.
The declaration as such declarations carry binding political and diplomatic weight under customary international law.
Minimising this instrument now is legally inaccurate and strategically unwise.
Peace, Reconciliation, and Ethical Leadership
Former President Jammeh withdrew his Supreme Court appeal in 2016 to preserve national peace, prevent Gambians from becoming refugees, and avoid unnecessary bloodshed.
Now, after eight years, he seeks only to return home in peace.
> سَلَامٌ قَوْلًا مِنْ رَبٍّ رَحِيمٍ
“Salāmun qawlan min Rabbin raḥīm” — Surah Yā Sīn 36:58
“Peace — a word from a Merciful Lord.”
طُوبَى لِلْمُصَالِحِينَ
“Blessed are the peacemakers, for they shall be called the children of God.” — Matthew 5:9
Responding with wisdom, integrity, and restraint will demonstrate true leadership and strengthen the nation’s reputation domestically and internationally.
Global moral perspective
It is a matter of legal consistency and moral courage that former heads of state are treated fairly:
Former British Prime Minister Tony Blair has never faced judicial accountability for actions that led to millions of deaths in Iraq, yet continues to engage internationally.
It would be hypocritical to deny former President Jammeh his constitutional rights, due process, and protection.
Advisers who seek funding or support from the US and UK should be questioned regarding their selective standards of justice, especially given complicity in illegal wars in Afghanistan, Iraq, Libya, Syria, and other theatres.
Accountability in this world and the next
فَمَن يَعْمَلْ مِثْقَالَ ذَرَّةٍ خَيْرًا يَرَهُ وَمَن يَعْمَلْ مِثْقَالَ ذَرَّةٍ شَرًّا يَرَهُ
“Fa-man ya’mal mithqāla dharratin khayran yarah, wa man ya’mal mithqāla dharratin sharran yarah” — Surah Az-Zalzalah 99:7-8
“Whoever does an atom’s weight of good shall see it, and whoever does an atom’s weight of evil shall see it.”
Wallāhi, all actions — political, legal, or otherwise — will be judged in this world and the next. Leadership is measured by justice, integrity, and adherence to law, not by selective vengeance or political expediency.
Advisors, caution, and the cipayos
Your Excellency should exercise discernment regarding advisers who may serve foreign or personal interests — the so-called Cipayos.
Some of these advisers are opportunists who do not see beyond their own interests and who ever saw them stand for anything ?
Dr. Ismaila Ceesay, Dr Omar Touray, Hon. Dawda Jallow, Ida Persson, and the vampires of victimhood who want to continue to hold this country hostage..
Where are they when new victims like Haruna Jatta or Jonkong Sanneh and her two sons were killed ?!
Where will they be when you too are a former President?
Justice must be blind, consistent, and equitable. Selective enforcement undermines national reconciliation and the rule of law.
Final counsel
Your Excellency,
Let truth, justice, and peace guide all actions.
Treat former leaders with dignity and fairness, respecting both the constitution and international law.
Lead in a manner that strengthens national unity, integrity, and historical legacy, rather than pursuing personal or partisan advantage.
May Allah ﷻ grant Your Excellency ḥikmah (wisdom), ṣabr (patience), and rahmah (mercy) in all deliberations and actions.
Assalāmu ʿAlaikum wa Raḥmatullāhi wa Barakātuh.
