It has been more than 100 hundred days since Dumo, Lalo, Yabo and others
were abducted on June 24, 2000. Much has been written and said about this
matter. We have registered our contempt for the government's illegal
actions. We have also shown in no uncertain terms how weak the government's
case is against these innocent citizens. The inchoate offenses (conspiracy
and attempt) with which they have been charged are indefensible. I have no
doubt in my mind that when the accused persons have their day in court
before an impartial arbiter, they will be vindicated. But what is immensely
disturbing and intolerable about this case is that these innocent citizens
have been kidnapped by an anarchist government, incarcerated for almost four
months and kept away from their families and friends. Up to today, none of
the accused persons received legal advise from their representatives. There
are fears that the accused persons have been tortured by the NIA. These
fears are buttressed by the fact that the families and lawyers of the
accused have not laid eyes on the alleged conspirators since the time they
were abducted. We cannot even say for sure if these people are alive.
Another disturbing fact is that ordinary Gambians back home are going about
their business as if nothing wrong is happening in the country. Leaders do
not even want to talk about the plight of Dumo and others. Most of the time,
their silence is caused by their fear that if they advocate for people like
Dumo, Yaya will accuse them of plotting to overthrow the government. We
again reiterate that Yaya's irrational accusations should not prevent
leaders from taking a principled stance and declaring their contempt for
what is going on. What is happening to Dumo and others is despicable. This
type of government action has no place in a civilized society that calls
itself a democracy. We might as well close all the courts and throw our law
books in the sea. Here we have government sanctioned thugs (NIA) abducting
citizens with impunity; a corrupt attorney general using inexperienced
magistrates and prosecutors to unlawfully detain innocent citizens thus
thwarting the orders of a higher court.
Now that the court vacation is over and all those foreign judges and
prosecutors have returned from their holidays, it is time for this case to
be brought before the High Court where it belongs. The AG chambers promised
to file charges before the High Court since July 17, 2000. Up to today, none
of the accused persons have been brought before the High Court. We are
encouraged by the fact that the defense lawyers are forcing the AG to the
High Court by appealing against the ridiculous ruling given by the
inexperienced magistrate at Kanifing. The magistrate clearly erred by
pretending to be vested with powers to try a treason offense. The magistrate
had no business ordering the continued incarceration of Dumo and others. She
should have simply done what the magistrate in the Basse Ambush case did;
i.e. remand the matter to the High Court. Since this erroneous ruling is the
only basis for the continued illegal incarceration, once the defense succeed
in their application, Dumo and others should be freed. Simultaneous to this
appeal, pressure has to be put on Secka to bring the accused before the High
Court so that they can apply for bail.
It is sad that some Gambians have decided to stay aloof in this matter
because it does not affect their close family relatives. What these Gambians
do not realize is that they are allowing the government to set a very low
threshold for justifying the unlawful arrest and incarceration of innocent
citizens. Now all it takes is for a pathological liar like Foday Barry to
say that some one is plotting to overthrow Yaya. If we allow this to stick,
then the next time Yaya feels pressurized about legitimate investigations
such as the April Massacre and Crude Oil Scandal,  he will cook up some
fresh charges against other innocent citizens. No one is immune from the
illegal behavior of this government. If Yaya can do it to some one like
Sanna Sabally and numerous others, no one is safe. It is up to us to protect
ourselves by making it hard for the government to fabricate allegations
against ordinary citizens. If the government is confident about its case,
why is the AG scared to take the case to the High Court? Why did the AG wait
until Joof and Tambedou were at the High Court before he (the AG) sneaked to
the magistrate in Kanifing to cook up these bogus charges? All we are asking
is for Gambians to force the AG to bring the matter to court (in the open).
If the accused persons have not been tortured to death, let them see their
families and have access to legal advise. Even confessed murderers are
granted access to legal counsel. These people are innocent Gambians that
have been incarcerated on the basis of the flimsiest evidence. Remember, on
July 14, 2000 the prosecutor (Mrs. Thomasi) told the magistrate that she did
not even have enough evidence to bring charges before the High Court. It is
mind-boggling in the light of this concession from the AG for the government
to continue to hold these citizens incommunicado. The very attorney general
that is behind this whole illegal enterprise had the best legal
representation in the form of Ousman Sillah and Ousainou Darboe when he
(Secka) was accused of treason in the aftermath of the 1981 coup. As we all
know, Secka now shamelessly confessed to the whole nation that he was guilty
of what he was accused of, although he cowardly denied the offenses in 1981.
But the point is, Secka and his cohorts should not be allowed to roam the
streets of Banjul freely and attend forum where human rights is being
discussed and pretend as if there are no human rights abuses in the country.
These people should not be granted any respectability. We understand that
the NIA had the audacity to stand before the Gambian people and deny that
citizens are being detained beyond the mandated 72 hours without charge.
They do that because people let them get away with it. We should continue to
showcase the brutality and lawlessness of this regime and take them to task
on all of their illegal activities.
KB

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