GPU to lodge complaint against Nigerian Judges

24.th July 2009
Gambia Press Union President Ndey Tapha Sosseh has complained to the Nigerian Bar Association on the conduct of Nigerian judges in The Gambia in particular when dealing with journalist and media related cases.

Ms Sosseh who Tuesday and Thursday met with members of the Human Rights Committee of the Nigerian Bar Association and Femi Falana, president of the West African Bar Association in Abuja, Nigeria alleged several cases of ‘unfair trials’ violations of the principles of the presumption of innocence until proven guilty, especially in relation to the conduct of Justice Joseph Wowo of the High Court on the ongoing trial of the GPU Seven.

Chidi A. Odinkalu, senior legal advisor (Africa) of the Open Society Justice Initiative and member of the human rights committee of the Nigerian Bar Association asked Ms Sosseh to document all these allegations and address them to the president and the disciplinary committee of the Nigerian Bar Association “who would then mount an independent investigation… if indeed these allegations are found to be true, they stand to bring to disrepute the Nigerian legal fraternity and the Bar.”  He further said that the Bar could then take disciplinary action.

Femi Falana, president of the West African Bar Association also said that if upon collation and independent investigations these alleged violations are found to be true, there would be need for the Bar Association to take disciplinary action.  The WABA president did not rule out a joint WABA/NBA investigative mission to The Gambia.

The GPU President who took part in the Amnesty International Organised Gambia Day of Action, Wednesday July 22 took part in a press conference at the Nigeria Human Rights Commission, Abuja where she talked about the various and systematic abuses against the Gambian media.  Ayodele Ameen of Amnesty International and Wilfred Nii-boye of the Media Foundation for West Africa also talked about human rights violations in The Gambia.  To observer the AI Day of Action, press conferences were held in twelve West African countries.  In London, New York and Washington demonstrations were held and lobbying action in Stockholm and Brussels targeting the EU.

This week Ms Sosseh, and the AI/MFWA campaign team also met with ECOWAS officials, the Centre for Democracy and Development and the West African Civil Society Forum (WACSOF) all based in Abuja. 

The CDD yesterday issued a statement on The Gambia. 

In as related development, the GPU President, upon consulting with media, freedom of expression and human rights groups has said the Union will be receiving support to challenge, at the level of the ECOWAS Court, the Constitutionality of sedition laws and the Official Secrets Amendment Act given that it falls out of line with Article 66 of the Revised ECOWAS Treaty (19..) and Article 33 of the ECOWAS Protocol on Democracy and Good Governance.
The GPU President who, since the arrest of three members of her executive and four other GPU members of the Union has embarked on a global campaign to highlight the “dismal and deteriorating” state of media abuse and violations of freedom of expression in The Gambia.

PRESS STATEMENT ON THE GAMBIAN HUMAN RIGHT SITUATION
The Centre for Democracy and Development
The Centre for Democracy and Development (CDD) a leading non-governmental organization working within the West African sub-region has observed with great concern the appalling abuse of human rights and freedoms in The Gambia in recent years especially following the alleged foiled coup of March 2006 against President Yahya AJJ Jameh who gained power in 1994 via a military coup but has been elected President in 1996 and has amended the Gambian constitution in 1997 to remove tenure limits.

The CDD also observed that the government of Yahya Jameh utilized the said coup to crackdown on real and perceived opponents including lawyers and journalists, for example: the entire staff of the Independent newspaper were arrested on 28th March 2006 and the newspaper closed.

The CDD is appalled by the inhuman and unlawful manner in which the citizens are arrested and held for extended periods (over and above the 72 hours allowed by The Gambian Constitution) without being charged to court and often without being told their crimes. Many of the suspected coup plotters (along with their spouses and relatives) were held in secret and unlawful detention facilities while others were held along with other convicted criminals in the Mile 2 State Central Prison. These actions of the police, the army and the National Intelligence Agency clearly contravenes Chapter IV, section 19 of The Gambian Constitution (1997) and the procedure it sets for arrests and trials of citizens as well as major international agreements and statutes.

The posture of the government of Yahya Jammeh on human rights has resulted in unlawful arrests, unlawful detention, torture, enforced disappearances and feared extra-judicial execution of citizens (such as the fate of the 5 suspected coup plotters who reportedly ‘escaped’ from detention in March 2006, but have not been heard of since) as well as harassment and sustained campaign against other West Africans in The Gambia, worthy of note are the 44 Ghanaian victims of human trafficking who were intercepted by security operatives in the Gambia but were later executed.

The CDD is also concerned about the deteriorating state of press freedoms in The Gambia, arrests of journalist including Chief Ebrimah Manneh, a reporter who disappeared after being arrested by NIA in July 2006 and is yet to be released by The Gambian government in spite of the ECOWAS Community Court of Justice ruling to that effect in June 2008 and the current trial of officials of the Gambia Press Union (GPU). These and other actions such as the official ‘witch-hunt’ and the arrest of prominent opposition politicians like Halifah Sallah have elicited concern from the AU Special Rapporteur on Freedom of Expression and Access to Information in Africa, as well as non-governmental organizations.
The CDD is particularly alarmed about the sacking of the Chief Justice and other judges of the Supreme and High Court and the Gambia Government’s strategy to recruit and replace them with Nigerian Judges to perpetuate Executive interference of the judiciary, abuse of power and a clear disregard for the independence of the judiciary.  The current conduct of and the likelihood of the ‘non-transparent’ nature of contracts with these judges to be used to desecrate the independence of the judiciary is overtly apparent. In particular, the CDD would like to draw urgent attention to the following:

1. The persistent disregard on the part of The Gambian government of the decisions of the ECOWAS Community Court of Justice.
2. The recruitment and role of Nigerian judges in the perpetration of human right abuse in The Gambia.
3. The campaign against other West Africans in The Gambia which is against the letter and spirit of the ECOWAS Protocol on Free Movement of Persons and Goods.

CDD hereby calls on:
A. the Gambian government to immediately:
1. Comply with the decision of the ECOWAS community court of Justice by releasing Chief Ebrima Manneh and pay the appropriate compensations.
2.  Implement the recommendations of the African Commission on Human and Peoples’ rights on the Human Rights Situation in The Gambia of November 2008
3. Ensure the full application of the ECOWAS protocol on democracy and good governance.

B. ECOWAS to:
1. To condemn the total disregard of the judgment of the Community Court by The Gambian government.
2. Prioritize deteriorating human rights situation in The Gambia in the agenda of the next Head of States summit.
3. Evolve more proactive measures in addressing violations and lack of respect for ECOWAS statutes and protocols by The Gambian government.

C.The Nigeria Government to:
1. To use their influence as the chair of ECOWAS and ‘big brother’ to The Gambia to ensure The Gambia government abide by democratic practices and respect for human rights.
2. To investigate the Nigerian judges serving in The Gambia in order to ensure they meet the ethical standards and resist any forms of interference.
3. To mount pressure on The Gambian government to stop repression of the press and other human rights violations.

Jibrin Ibrahim, Ph.D., Director.