Dear Mr. M’Bai,
I have two broad questions on which I should be very grateful for your insight:
- How freely and fairly the Gambian courts are allowed to operate? If, for instance, Carnegie is right in its assertion that the various minerals Northfield is accused of stealing (titanium, iron oxide, uranium) cannot physically extracted from the concession the company used to operate, and if the Director of Public Prosecutions is unable to advance proof to the contrary, what are the chances of the judge throwing the case out?
- Might there be a political dimension to the case? I wonder if, for instance, there might be any
parallels with the Ndow acquittal that you covered in December last year.
Below is Editor M’Bai’s response. Please read on
………………………………......................................
By Pa Nderry M’Bai,
Managing Editor/Publisher
Freedom Newspaper, INC
Raleigh, NC.
The Gambian judiciary is not independent at all. It’s man by inexperienced, biased and lack of independent minded judges. With the exception of few Commonwealth Judges, on assignment in The Gambia, I can comfortably say that The Gambian judiciary is an extension of the Executive. In order to keep their jobs, judges have no alternative, but to dance to the whims and caprices of the Government.
Your question regarding the impartiality of The Gambia judiciary is an important one. In that, the judiciary is the beacon hope for the citizenry of a particular country. If its independence is compromised, justice and fair play is bound to suffer. Genuine litigants ended up paying for the price, as they got punished for nothing. And this is exactly what obtains in today’s Gambia. The judiciary has compromised its independence.
We do not expect an impartial trial in the case of the Carnegie General Manager Charlie Northfield. The events leading to the arrest of Northfield and the closure of their Sanyany offices, speak volumes.
The Government of The Gambia, is interfering with the judicial process, with their unfinished contempt of court statements. While the said matter is before the courts, the President issued a public statement last week, accusing Carnegie of stealing, among other things. The Department of State For Foreign Affairs also convened a press conference, in which they accused Carnegie of ripping-off the state. We call this trial by media.
All these statements coming from The Gambian Government, would no doubt in my mind affect the outcome of the Carnegie case. Such irresponsible comments can undermine an independent and fair dispensation of justice. We must hasten to add that under the circumstances, Carnegie and all affected parties in this matter are not assured of substantial justice. There are enough justification to convince us that the trial judge would be swayed by such mixed messages coming from The Gambian Government. Her decision would be motivated by the so called “ circumstantial evidence” to the expense of Carnegie, who are being blackmailed by the Government at this hour.
The Gambian Government believe that it had enough evidence at its disposal to try and convict Northfield. The question of discharging Northfield, for lack of evidence should be set aside for now, because 80 percent of The Gambian judges decisions are influenced by the Government.
Majority of the judges dare rule against the state. The very few rulings against the Government you heard were passed by Commonwealth judges. These judges are not under the payroll of The Gambian Government. They operate independently out of Government and their decisions are impartial.
One would have expected a just and fair trial, in the case of Northfield, if his case was assigned to a Commonwealth Judge or independent minded Gambian Judges.
The Chief Justice of The Gambia, Abdou Karim Savage, a former state lawyer, himself, has been mandated by law to assign political and criminal cases to judges. This case, in question has been assigned to Na Ceesay-Sallah Wadda. She is pretty new in The Gambian Bench. She served barely less than two months on the Bench.
Na Ceesay has never been a serious law advocate, throughout her legal career with the state law office- known as the Attorney General Chambers.
Coupled with her lack of experience in the Bench, and also a former Government lawyer, one is reasonably compelled to believe that she might not dispense justice in this matter. Her credibility as an impartial judge, is questionable under the circumstances.
It’s imperative to observe that most of the judges appointed to serve on the Bench are former State lawyers. Some of these judges, are on contract and are obliged to please their masters or risked having their contracts terminated.
While we harbored no grudges against Na Ceesay, we must say that this case has been assigned to the wrong judge. She is not in the position to dispense justice with fairness. Such a high profile case, ought to have been assigned to a qualified Commonwealth judge. Such a Judge, would have clearly interpreted the law, without any biased or prejudice. Na Ceesay is not in the position to do that. That, we can attest to without any hesitation.
It’s a good idea for President Jammeh to empower our women folks by appointing them to serve on the Bench, but in order to realize the fundamental pillars of the rule of law, such appointments should be done in good faith, without fear or favor. That, qualified lawyers should be given the job and not inexperienced lawyers.
Judges must have verse knowledge of the law and should always assert their independence at all times. We do not need judges who passed judgments, only to appease the dictatorship. Judges should dispense justice without fear or favor.
Having said that, we must add that there are few experienced and honest Gambian magistrates and judges in the country. Omar Ndow, the former GAMTEL MD was freed by one of the such magistrates, in the person of B Y Camara. Camara is one of those honest magistrates our country can brag of. He is independent minded. His ruling are fair and well grounded by law.
If Carnegie’s case was assigned to Camara, one would have expect justice in this matter. The only option available to Carnegie is to file an appeal, in the event the judge rules in favor of the Government, which is very likely.
Of course, this case is bound to affect Gambia’s relationship with Britain. Charlie Northfield is being held hostage in The Gambia for no just cause. He committed no crime as far as evidence provided by his employers are concerned.
Jammeh is applying the same bully tactics, his mentor Mugabe of Zimbabwe, had been treating the West- most importantly Britain. What we have right now, is one man holding The Gambia onto ransom. Britain must do everything in their means to free their national in The Gambia. This is a mockery of justice. You do not expect a Government supporter to dispense justice with fairness.
