3 Years Jotna and GDC must reject IGP’s permit, letter – Madi Jobarteh

Renowned Gambian human rights activist, Madi Jobarteh has called on Three Years Jotna and Gambia Democratic Congress (GDC) to reject the Inspector General of Police’s permit and letter respectively and demand renegotiation.

Three Years Jotna is a group demanding President Adama Barrow to honour the three-year 2016 coalition agreement and relinquish power by resigning.

The group applied for a permit from the Inspector General of Police (IGP) in accordance with the section 9 of the Public Order Act, Vol. 4 Cap 22:01 Laws of The Gambia.

They got the IGP’s approval but restricted to conduct their peaceful demonstration from Sting Corner junction to somewhere 200 metres before Denton Bridge, contrary to their demand to proceed to the State House in the capital, Banjul and hand over their petition to President Barrow.

The police chief also denied GDCm a legally registered political party a permit to hold a political rally in Kulari and Sareh Buchi, Upper River Region.

According to Madi Joberteh, the right to protest is not a charity from the Gambia Government to the people of the Gambia.

He stated that it is the fundamental right of the citizen guaranteed in the Constitution, adding that the Constitution makes it clear that this right cannot be denied but only restricted.

“Such restriction should be lawful, necessary in a democratic society and serving a legitimate purpose. Therefore, to grant a permit to protest to a group of citizens by restricting them to the bushes away from human life contrary to their request is absolutely in bad faith and not necessary neither is it legitimate. Hence Three Years Jotna must refuse this permit,” he said.

He called on the Three Years Jotna leaders to rather demand a review of the permit immediately because that permit is as good as no permit.

Jobarteh argued that there is no justification why citizens cannot march into Banjul to protest or even protest inside Banjul. Banjul is the capital city and the seat of Government of the Gambia.

He emphasized that citizens who have disagreement with the Government have a right to manifest their disagreement peacefully inside Banjul as it happens in any democracy around the world, noting that there is absolutely no security concern in Banjul since the President himself held a massive rally there less than a week ago without any incident!

The outspoken human right activist further stated: “To restrict a protest about the President from Sting Corner to 200 metres before Denton Bridge clearly shows that the intent of the permit and the Government is to deny the protest. Knowing full well that an outright denial will raise local and international outcry the IGP therefore decided to severely and maliciously undermine and disempower the protesters by confining the protest in the bushes under the hot sun and for a short space of time.”

He pointed out that the IGP must not respond to the fundamental human rights of citizens with bad faith.

He added that the IGP must realise that in maintaining law and order he must not be seen shielding the Government away from the people.

Jobarteh further said that the IGP is not the defender of the President or the Government such that he can prevent citizens from holding the Government accountable, that he must be seen to ensure that the space is free and safe for any citizen or group of citizens who wish to hold the President and members of his Government to account.

“Let us advise the IGP Alh. Mamour Jagne that he should not allow politicians to use him only to dump him when they are done with him like it was done to many IGPs before him! A word to the wise is enough!” he opined.

He recalled that since 2017 there have been multiple instances when the IGP refused Gambians from holding local and central government institutions to account.

Grounds for sacking IGP
He said this is neither the role of the IGP nor the power that has been given to him by the Public Order Act but he is deliberately violating the rights of citizens in total violation of the Constitution which is enough grounds to sack him from office.

He hoped that President Adama Barrow will take action to ensure that no public officer including the IGP and himself violate the rights of Gambians.

“We opted for democracy in 2016 therefore we must have democracy in full and unfettered. To use technicalities and hide behind the law just to seize democracy must be confronted forthwith. To cunningly use state power to grant a right when the actual intention is to suppress rights must be exposed and confronted. This is what the IGP is doing with this malicious permit to Three Years Jotna People. Resist!”

He urged Gambians not to allow the State and any public officer to seize your rights unconstitutionally.

He explained that the State has only one function which is to promote and protect and fulfil the rights of citizens, that any action by the State to damage, restrict or deny the rights of citizens without any basis in law must be resisted and rejected by citizens.

IGP not Gambia’s King
Madi said the IGP is not the King of the Gambia, noting that the Gambia is a Republic and only the people own sovereign power.

“The IGP and the President are public servants who derive their authority and legitimacy from the people. Hence the President and the IGP must be confronted if they wish to deny, damage or restrict our rights unconstitutionally and unlawfully. The permit to Three Years Jotna is unlawful and an abuse of power that must be rejected.”

‘GDC must reject the IGP’s letter’
Madi Jobarteh intimated that the past is visited upon Gambians as the IGP decided to deny a legally registered political party, the Gambia Democratic Congress from holding a political rally without any basis in law and skillfully deny a protest permit to Three Years Jotna people by restricting their protest to the bushes away from the very subject of their right to freedom of assembly.

He opined that both cases clearly show that the Gambia Government has no intention whatsoever to allow democracy to nurture in this country.

He said the IGP has shown us once more that indeed that they will deny citizens their constitutional rights by any means even unnecessary.

“The Gambia Democratic Congress does not need any permission from the IGP or the Gambia Government as a whole to hold a political rally. What it needs from the IGP is to provide it the security to hold its political activity. The Public Order Act does not give any authority to the IGP to grant or deny a permit to a political party. In any case if there is to be a request for a permit for an activity that is taking place outside of the Greater Banjul Area such permit can only be granted or denied by the Governor of the region and not the IGP, according to the Public Order Act. Therefore, the IGP is abusing his powers by denying GDC a permit,” he said.

GDC can sue IGP and gov’t
He urged the leadership of GDC to completely and totally ignore the letter from the IGP and go ahead with their political rally in Kulari and Sareh Buchi and should take the IGP and the Gambia Government to court for violation of their constitutional right if they are prevented from holding their rally GDC.

Madi also called for the urgent intervention of the Independent Electoral Commission (IEC) to ensure that there is a level level-playing field in the country.

Not for IEC to ignore
He cautioned that the IEC must not ignore this issue because it is a direct affront to the right of political parties to function.

Underscoring the significance of sacrosanct rights, he said: “The right to political activity cannot be stopped even during a state of emergency. Therefore, the IGP has absolutely no power or authority to stop political activity. It is a direct affront to the sovereignty of citizens and an abuse of the Constitution. In this December alone we have seen Pres. Barrow stage numerous political rallies. We have seen other political parties also stage political rallies. Why therefore is the IGP claiming that he has put a stop to political rallies in December 2019 and January 2020 when others have done it already? Is the IGP the King or God of the Gambia? All Gambians must rise up to tame this IGP and the Gambia Government for such a dictatorial conduct!”