UDP Leader Decry Pre-Election Opposition Persecution In Gambia

UDP, NRP And PPP Accused Jammeh Undermining 2011 Elections

Party Officials Say “Down With Impunity, And Dictatorship In Gambia.”

By Staff Reporter Fatou Cham & Pa Nderry M’Bai

One week after the imprisonment of its campaign manager Femi Peters, the United Democratic Party (UDP) Thursday convened a well attended press conference at the YMCA building in Kanifing, where the party leader Ousainou Darboe spent hours lamenting about the injustices meted out to Peters, and the electoral ramifications surrounding such pre-election persecution of the opposition.

The UDP leader is not convinced that there would be free, and fair elections in The Gambia, in view of the state’s move to marginalize, and discriminate against the opposition on the right to free speech, association, and expression of political opinions. Darboe opined that the jailing of Femi Peters would impact negatively on the pending elections, as all indications suggest that the Jammeh administration is out to harass, intimidate, and persecute the opposition. 

"The arrest, trial, conviction, and sentencing of Mr. Peters is a direct assault on freedom of speech, the right to assemble, and the free and unimpeded participation of political parties in shaping the political will of the people as guaranteed by the Constitution, and recognized by the Elections Decree, and the Memorandum of Understanding (MOU) subscribed to by all political parties in The Gambia. Mr. Peters’ conviction heralds the beginning of actions that are directed at undermining the credibility, and integrity of the forth coming elections,” Mr. Darboe told a news conference which was attended by senior party officials, militants, and observers.

Dressed in an Executive suit, amidst applauses from his loyal party militants, who echoed Mr. Darboe’s anti APRC bashings, the UDP leader informed the gathering that the jailing of Femi Peters affects every Gambian, and should not be taken lightly.  Mr. Darboe remarked that technically he, and The Gambian Community are in prison because the April 1^st ruling was an affront to the nation’s constitution.

“The decision of the Inspector General of Police to prosecute Mr. Peters, and his subsequent conviction by the court should be seen by all those who valued democracy,  and rule of law as a conviction of those very values, and those who uphold and cherish them. Mr. Peters is serving a prison sentence but he is not alone. Those of us who are walking in the streets are equally serving the sentence of imprisonment with him. We must all do everything in our power to free Femi Peters from his incarceration,” Darboe told reporters.

Narrating the circumstances leading to the arrest of Femi Peters, and his subsequent conviction by the court, Darboe explained that the UDP had in the recent past made four applications to hold a rally through the office of the erstwhile Inspector General of police Essa Badjie, but all the four applications were denied by the police. Mr. Darboe lamented that the IGP office does not have the courtesy to respond, or acknowledge receipt of its previous letters requesting to be granted permit to hold political rally in the country.

“The United Democratic Party in a bid to exercise the rights conferred on it by law, and to make its existence as a political party that is relevant applied for police permits to use public address system at its rallies. Four such applications were submitted by the party (NOT MR.PETERS) to the Inspector General of Police (ENSA BADJIE) who did not have the courtesy to acknowledge receipt of any of the applications,” Darboe said.

Mr. Darboe is of the view that the former IGP Essa Badjie was bent on undermining the activities of the UDP, even though the party was on a legitimate political activities guaranteed by the constitution.

“The effect of the IGP’s conduct is to frustrate the UDP in carrying out its legitimate political activities. The UDP took the decision conduct its legitimate political activities and therefore held a rally on 24th October 2009,” Darboe remarked.

Speaking to newsmen, Lawyer Ousainou Darboe the party said the Elections Decree provides that political parties may be established to participate in the shaping of the political will of the people, to disseminate information on political ideas, economic and social programs of national agenda,  and to sponsor candidates.

According to Darboe, the realization of the objectives of this provision is dependent on the ability of the political parties to organize without hindrance, and disseminate their political, economic and social programs without impediments.

The UDP leader said the country’s constitution guaranteed free speech, and association. He accuses the Jammeh administration of curtailing the rights, and liberties of Gambians.

The Constitution of the Republic guarantees freedom of speech and the right to assemble, and hold meetings. The Memorandum of Understanding signed by all political parties in 2005 amongst other things in effect reiterates the spirit, and intent of the Elections Decree and Section 25 of the Constitution by enjoining signatories to the MOU to “refrain from disrupting or frustrating the legitimate activities of other political parties, including the holding of political rallies, meetings, matches or demonstrations,” he said.

While shifting blame on IGP Badjie, and the presiding magistrate for Peters legal nightmares, Darboe accuses the magistrate who jailed Peters of flouting the law. He said his client was never availed the right to free trial, and was jailed in the absence of his attorney prior to being granted bail by the court. Darboe said the magistrate was determined to imprison Femi Perters, which he finally did.

“The Presiding Magistrate insisted that if  Mr. Peters fails to take his plea he would send him to prison, which he did. This was the beginning of the application of  an unorthodox, and unheard of procedures in Mr. Peters’ trial,” Darboe lamented.

Darboe said even though Peters asked the court to allow him consult with his lawyer before making a plea on the indictment brought against him by the state, the magistrate insisted that he must take his plea.

“In the meantime Mr. Peters had suffered injustice. He was made to spent a night in prison on orders of a Magistrate, who found that he had no jurisdiction over the matter. Could the injustice meted out to Mr. Peters not have been averted if the Magistrate accorded Mr. Peters his right to representation by counsel?” Darboe asked.

The UDP leader also blamed the lower court for its failure stay the proceedings on Peters case pending the determination of the case filed by the party contesting legality of the criminal case against Peters. He said the court went ahead presiding the case without availing his client to exhaust other legal remedies available to him.

"The Court arrogated to itself the authority of the Supreme Court to determine whether the provisions of the Public Order Act were inconsistent with the Constitution and therefore void. His appeal against the ruling of the Kanifing Magistrates’ Court was deliberately frustrated by the court which decided to proceed with the trial even though the court was informed about  the pending of an appeal and an application for stay of proceedings in the High Court,” Darboe remarked.  

Branding the presiding magistrate as a legal novice, who is not conversant with Gambia’s legal system, Darboe said he expects the presiding magistrate to follow the rules, and to avoid being judgmental against his client.

"This is unprecedented in The Gambia. The Magistrate’s reasoning stems from a clear lack of understanding on filing of documents in Gambian courts. No lawyer in The Gambia will file in the Registry of a Magistrates’ Court process meant for the High Court. The UDP believes that the Magistrate’s approach in dealing with the matter of stay of proceedings was influenced by the political personality of Femi Peters and not by any sound legal reasoning,” said the UDP leader.

For his part, the interim leader of the People’s Progress Party Omar Amadou Jallow, (OJ) said the jailing of Femi Peters should be of concern to all Gambians. Mr. Jallow noted that from 1994 to date, Gambians have suffered all kinds of persecution in the hands of the Jammeh administration. He observed that journalists, and members of the opposition suffered the brunt of such unfinished political persecution.

Describing Mr. Peters as a political prisoner, Jallow said freedom is under attack in The Gambia, and the onus lies on all freedom loving people to ensure that the rights, and liberties of Gambians are jealously safeguarded. He said The Gambia is becoming an unsafe place to live, as people’s rights are being trampled upon, while political impunity is at its best.

'I am appealing to all Gambians to join in support of Femi in order for him to be released from jail, and join his family, as well as political friends who since his conviction missed him,” OJ passionately appealed to the gathering.

Acting in solidarity with the UDP, Mr. Jallow reminded The Gambian authorities about their constitutional obligations. He said those entrusted with power should act within the confines of the law, and not otherwise. He said public officials would be judged based on their past actions. Jallow said Peters was wrongly accused, and charged by the IGP.

"We should note that as Gambians, everybody would be hold accountable, or his, or her actions. The rule of law should prevail in this country,” OJ said.

The former Agriculture Minister in the First Republic said the 15 years of Jammeh’s rule has been characterized by gross rights abuses, maladministration, and power abuses. Jallow said the current administration brought untold sufferings, and political nightmares to poverty stricken Gambians.

“For 16th years now, The Gambia is still under dictatorship and I think it is time for impunity and political banditry to end in the Gambia,” OJ told the gathering.

Also speaking at the news conference was Samba Bah of  the NRP, who cautioned  security officers to avoid being biased in the due execution of their duties. Mr. Bah said security officers should be loyal to The Gambia, and not to any political establishment.  He said security officers should avoid exhibiting their party affiliation noting that “government come and go but security remains.”

He opined that the constitutional rights of Femi Peters, and other opposition members have been trampled upon by this administration saying “anytime we applied for a permit, they will deny us without any reason.”

Earlier on Lawyer Darboe complained that the ruling party had been campaigning without permit. He said one of the Governors was on the campaign trail calling for no elections in The Gambia.

The UDP party officials could be heard chanting slogams such as:FREE FEMI PETERS NOW, DOWN WITH DICTATORSHIP, DOWN WITH IMPUNITY, LONG LIVE DEMOCRACY, AND POLITICAL PLURALISM, LONG LIVE THE GAMBIA.