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| Mr. Baboucarr Ceesay (L) and Abubacarr Saidykhan were charged "for wanting to demonstrate peacefully" PHOTO/Daily News |
The Voice newspaper has
gathered that the criminal charges brought against two Gambian journalists who
requested a permit to demonstrate peacefully against the August execution of
nine death row prisoners is “death and buried”.
The case which dragged
for more than a month without legal proceedings was finally “killed” on
Tuesday, October 23, 2012 following a meeting the two journalists had with the
authorities upon the invitation of the Attorney General and Minister of
Justice, Mr. Lamin Jobarteh.
This paper learned the
order to drop the charges of “incitement to violence, conspiracy to commitfelony, and seditious intention” came from the Gambian President, His Excellency
Sheikh Professor Alhagie Doctor Yahya A.J.J. Jammeh, who hold a “prerogative of
mercy”.
President Jammeh is said
to have called on the relevant authorities to immediately drop the charges
levelled against Babucarr Ceesay and Abubacarr Saidykhan.
The two journalists cum
human rights activists Abubacarr Saidykhan, an independent freelancer and
member of the Gambia Press Union and his colleague Baboucarr Ceesay, the first
vice president of the Gambia Press Union and a correspondent for the
Nairobi-based Africa Review were arrested on September 6, 2012 by the Police of
the Criminal Investigation Unit.
Their arrest and
subsequent detention followed the pair’s request of a permit from the Inspector
General of Police to hold a peaceful demonstration against the recent execution
of the nine death row inmates.
The good news to drop the
charges followed manifested boredom by the two journalists who resorted to
writing articles on their ordeal after they feel no headway was being made
despite reporting regularly to the Interpol Unit in Banjul as required by the
police.
"Both of you must
understand that this country belongs to all of us and we must uphold the peace
and security of this country. I cannot just understand why you prefer to
demonstrate peacefully after knowing the repercussions of a peaceful
demonstration," Justice Minister Jobarteh is reported to have said during
the meeting at the AG Chambers which was held in consultation with his Legal
Secretary and Solicitor General Mr. Pa Harry Jammeh.
This paper also gathered
that the Justice Minister admitted it is correct that to demonstrate peacefully
is a constitutional provision. He also noted that the National Assembly also
has the legal discretion to review or not to review the death penalty after
looking at the circumstances surrounding this provision.
The Voice also gathered that issue regarding one of the prerogative order that could be file by the two journalists at the High Court for the Court to order the National Assembly Members to act with the use of the Motion of "Mandamus" was also pose to the minister, but he argued as to the "Locus Standi" or a legal authority that the two journalists have to file that Motion at the High Court?
“The minister was
reminded that every citizen of the Republic of the Gambia has the "Locus
Standi" to take up the issue of the Death Penalty as a National Issue,”
The Voice further gathered.
Section 18 subsection (1)
(2) and (3) clearly talks about the provision of the Death Penalty which has to
be followed by the custodians of the Constitution.
Beside the two journalists, the minister of justice and the solicitor general, the meeting was also attended by the Crime Management Coordinator Lamin Sanyang, the Officer in Charge of Prosecution Yahya Touray, the Officer Commanding of the Criminal Investigation Unit Mr. Bojang and the Director of Public Prosecution Mr. S.H. Barkum, this paper can tell.
Written by Modou S. Joof
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