Top Nigerian rights advocate urges Barrow to drop charges against 2 journalists

Musa Sheriff and Momodou Justice Darboe are facing charges of false publication and broadcasting amid publishing a story on 23 September 2024 claiming that President Barrow “is working on an exit plan a little more than two years before Gambians return to the poll to elect their next President, NPP officials, adding that already, the report that President Barrow has chosen politically little-known Muhammed Jah as his successor has caused consternation and trepidation among some top members of the ruling party.”

As result of this publication the duo were arrested and charged.

Below is Falana’s full statement:

Falana Tells Gambian President: Drop Illegal Charges Against The Voice Newspaper Editors

We have confirmed that The Voice Newspaper reported in its September 23rd, 2024 edition that President Adama Barrow “is working on an exit plan a little more than two years before Gambians return to the poll to elect their next President, NPP officials, adding that already, the report that President Barrow has chosen politically little-known Muhammed Jah as his successor has caused consternation and trepidation among some top members of the ruling party.”

Apparently embarrassed by the publication, the President caused his Solicitors, Ida D. Drammeh and Associates, to write a letter to Musa S. Sheriff, Managing Editor of The Voice Newspaper, threatening legal action against the paper for publishing the article captioned “Barrow Chooses Muhammed Jah as Successor as President Barrow works on Exit Plan.”

In the letter dated September 25, 2024, the lawyers demanded a retraction and apology from the newspaper editors

Following the legal threats of an expensive civil lawsuit, calculated to intimidate the journalists, the President decided to use the machinery of the Government of The Gambia to settle political scores by attempting to cow Musa Sekou Sheriff and Momodou Justice Darboe to submission. Hence, on September 26, 2024, both journalists were arrested and charged with false information under section 181A of the country’s Criminal Code.

Having regard to the facts and circumstances of the publication and the reaction of the Government of The Gambia, President Adama Barrow ought to have issued a public denial of the publication of The Voice Newspaper. However, it is not too late for the Government to review its position on the controversial case for the following reasons:

1. The trial of the journalists constitutes a huge political embarrassment as it is anchored on a law promulgated by the discredited Yahya Jammeh regime;
2. The trial of the journalists has exposed the Government to the charge of political opportunism having accepted the recommendation of the Truth, Reconciliation and Reparation Commission to repeal Section 181A of the Criminal Code;

iii. The trial of the journalists is illegal, null and void as the Court of Justice of the Economic Community of West African States (ECOWAS) has declared Section 181A of the Criminal Code. As long as The Gambia remains a member of the ECOWAS, it is not permitted to rely on the judgment of a domestic court, including its Supreme Court, to subvert the decision of the Ecowas Court.

The Government of the Gambia has a clear obligation to abide by the African Charter, the International Covenant on Civil and Political Rights and the Revised ECOWAS Treaty. The Gambia post –Jammeh has a commendable record amongst ECOWAS member states of being the most compliant member state with ECOWAS Court Rulings. As a Country going through a transitional justice process, this latest move to weaponize a Jammeh –era draconian law flies against the face of that reputation and undermines the Government’s avowed commitment to restoring the rule of law, human rights culture and democratic governance.

In the light of the foregoing, we are compelled to call on the Barrow administration to withdraw all charges and discontinue the trial of Musa Sekou Sheriff and Momodou Justice Darboe, and repeal Section 181A of the country’s Criminal Code in strict compliance with the valid and subsisting judgment the ECOWAS Court.

Femi Falana SAN.