We are deeply concerned that the offense of sedition and false publication and broadcasting still remain in the laws of the Gambia seven years after Pres. Adama Barrow stated in his 2016 election manifesto that such provisions would be removed out of our laws within six months of taking office. Not only are these obnoxious provisions still in the Criminal Code, but since 2017 the Inspector General of Police has also continued to charge citizens with these offenses. 

Sedition is a centuries-old British imperial law which was imported into its colonies as a mechanism to stifle and suppress freedom of expression and the exercise of civil and political activities meant to challenge the colonial system. The offense of sedition was introduced in the Gambia in 1940 purposely to deny Gambians from seeking civil liberties and political rights against the British colonialists.

The offense of false publication and broadcasting on the other hand was introduced by the dictatorial regime of Yaya Jammeh in 2004 purposely to clampdown on journalists and activists. 

These laws have no place in a democracy hence our deep concern that a government that replaced a dictatorship would rely on these laws until today. In 2018, the ECOWAS Community Court ruled that the Gambia Government remove all anti-media related laws and in particular the offense of sedition and false news. International law provides that media offenses should be decriminalized to ensure open and free media which is an indispensable prerequisite for not only democracy to thrive but also ensure good governance which is the cornerstone for sustainable development.

The effect of sedition and false publication and broadcasting is that they stifle not only freedom of expression and free press, but by doing so they also undermine popular participation in the affairs of the country. By limiting citizens’ engagement and participation in national affairs, it undermines efforts to ensure transparency and accountability. Where accountability is limited or absent, it results in the perpetuation of corruption, abuse of office, poor service delivery and impunity. 

Considering the foregoing, EF Small Centre for Rights and Justice hereby calls on the Inspector General of Police to immediately drop the charges of sedition on Ebrima Dibba of UDP as well as the charges of false publication and broadcasting on journalists, Musa Sheriff and Momodou Justice Darboe of the Voice Newspaper. 

We urge the Executive and the Legislature to expedite the review of the Criminal Offenses Bill 2024 and ensure that all colonial and draconian provisions are removed. In their place, we urge the authorities to ensure that the fundamental rights and freedoms of Gambians are stipulated and protected in our laws. 

When Edward Francis Small agitated against the British Colonialists, he was seeking the freedom of Gambians to have a say in the way our country was governed. Thanks to his efforts, the colonialists had to open the space for Gambians to be represented in power and decision-making institutions of the country leading to independence. Hence, we sought and gained independence so that our citizens will be free to express themselves and hold those in power accountable. 

When Yaya Jammeh placed the yoke of tyranny on our heads for a generation, Gambians eventually came together to oust him leading to the creation of the present government. Why then should this present government continue to keep and depend on the laws of the colonialists and Yaya Jammeh to use against Gambians? 

We wish to call on all Gambians to stand up to defend the Constitution which guarantees freedom of expression, free media and our civil and political rights. We call on all Gambians to condemn the anti-democratic and dictatorial tendencies of the Gambia Government. The Gambia cannot afford and must not entertain another dictatorship. We call on all Gambians to demand the Government to drop all charges on Ebrima Dibba, Musa Sheriff and Momodou Justice Darboe and release them free forthwith.

Similarly, we call on the Gambia’s development partners to prioritize human rights and democratic governance in their relations and cooperation with the Gambia Government. Development partners including the UN, AU, ECOWAS, EU, US and the UK must recognize that they would be aiding and abetting human rights violations and bad governance when they provide the necessary resources and assistance to the Government yet fail to make human rights the very conditions for such development cooperation. 

In the Spirit of Edward Francis Small, For the Gambia Our Homeland. 

By Madi Jorbateh