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The report, featured in the September 23, 2024 edition, claimed that Barrow had selected relatively unknown politician Muhammed Jah as his potential successor, a move that allegedly alarmed members of the ruling National People’s Party (NPP).
Nigerian human rights lawyer, Femi Falana, SAN, has called on Gambian President Adama Barrow to withdraw the charges against The Voice Newspaper and its journalists, following their arrest over a controversial report.
Musa S. Sheriff, the Managing Editor of The Voice, and reporter Momodou Justice Darboe were charged with disseminating false information under Section 181A of The Gambia's Criminal Code after the newspaper published an article suggesting President Barrow was formulating an exit strategy ahead of the upcoming presidential elections.
The report, featured in the September 23, 2024 edition, claimed that Barrow had selected relatively unknown politician Muhammed Jah as his potential successor, a move that allegedly alarmed members of the ruling National People’s Party (NPP).
In response to the publication, President Barrow’s legal team, Ida D. Drammeh and Associates, issued a letter on September 25, demanding a retraction and an apology from The Voice, threatening a costly civil lawsuit if the demands were not met.
Falana condemned the government's actions, stating that the president should have publicly denied the claims made by The Voice instead of resorting to legal threats.
He, however, urged Barrow to abandon the charges and uphold press freedom in Gambia.
In a plea letter to President Barrow obtained by SaharaReporters, Falana stated that it is not too late for the government to review its position on the controversial case for the following reasons:
He said, "The trial of the journalists constitutes a huge political embarrassment as it is anchored on a law promulgated by the discredited Yahya Jammeh regime.
"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.
"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."
He explained that 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," he added.
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