Darboe Warns That The Trial Of Peters Tantamount To Trying to Prosecute The Constitution

As He Describes Prosecution’s  Charges As “ Untenable And Meritless.”

Calls For Peters Acquittal

By Staff Reporter Bakary Gibba, Banjul

Having spent hours in court Friday, trying to convince the trial magistrate that his client Femi Peters was innocent, and should be acquitted from the criminal charges brought against him by the Inspector General of police, leading Gambian Human rights lawyer Ousainou Darboe opined that the trial of Mr. Peters  tantamount to  trying to prosecute the nation’s constitution— which Darboe says gave the accused the right to freedom of speech and assembly.

Invoking section 19 of the second Republican Constitution, the thrice former UDP Presidential flag bearer argued that the said constitutional provision bared the state from all kinds of power abuses—ranging from curtailing free speech, expression, and the right to free assembly. Mr. Darboe contends that his client was merely exercising his constitutionally guaranteed rights to free assembly.

Citing various legal authorities to back up his arguments, the opposition leader said Mr. Peters trial was unconstitutional—buttressing the fact that the constitutional provision in question was very clear on matters relating to  free speech, and assembly. Mr. Darboe viewed the actions of the office of the Inspector General of police as trying to circumvent the constitution—which in his own words is the supreme laws of the land.

Depicting the fact that the IGP case was “flawed, and an affront” to the constitution, Mr. Darboe implored on the court to dismiss the charges against his client. He warns that any attempt to entertain the IGP’s charges against Mr. Peters might undermine the core values of the nation’s constitution—which frowns at rights violations in all its forms.

Further exposing the “weakness” of the indictment brought against his client, Darboe opined that  Femi Peters was not the right person to be charged—arguing that there is a distinction between the United Democratic Party (UDP) as a political party, and Femi Peters as a private citizen of The Gambia. Darboe argued that Peters being an official of the party does not in any way warrant the police to file charges against him, adding that the UDP is a political entity of itself. 

In other words, the popular politician argued that it was  the UDP party that applied for the permit to convene a political rally, and not his client as an individual—as erroneously implied by the office of the IGP. Therefore, Darboe  said it was constitutionally wrong for the police Department to indict Peters— because the permit application contained the UDP’s  name and not Femi Peters.

According to lawyer Darboe, the police is prosecuting the wrong accused, as Peters is completely innocent in the eyes of the law. He observed that Mr. Peters was patiently sitting near the meeting’s podium prior to the commencement of the meeting and never delivered any speech at the material time. He said the only time Mr. Peters commented, or uttered  a word from his mouth was when the police confronted him over the legality of the gathering.

Mr. Peters is standing trial for holding an illegal assembly, but he vehemently denied the charges. Mr. Darboe argued that the state has no case against his client, and should be freed by the court. He urges  the court presided over by magistrate Kayode Olajabutu of the Kanifing Magistrates' court to dismiss the police charges against his client—arguing that the charges were untenable and meritless.

In a counter reaction to the defense’s application for a  no-case-to answer, police prosecutor Inspector Fadera argued that the accused indeed had a case to answer, and should open his defense henceforth.

Inspector Fadera asked the court to dismiss the defense’s application to free Peters—insisting that  the prosecution had enough evidence to prosecute the accused.

A court ruling is expected to be delivered on March 3^rd to determine Mr. Darboe request to free his client. Meanwhile, Mr. Peters is still placed on police bail—pending the determination of his fate.