On January 22, the Gambian leader pardoned at least 5 former senior government officials who were found to have been involved in graft under the leadership of former president Yahya Jammeh. Adama Barrow was elected president in December 2016.
He instituted a commission of inquiry into the financial dealings of former president Jammeh and his close associates. The commission concluded that Jammeh stole from the Gambian people at least US$362m.
In its recommendations, following their investigations— the inquiry commonly referred to as the Janneh Commission— recommended bans of several degrees, for people who were found to have aided and abetted Jammeh’s theft.
People pardoned
- Momodou Sabally. He is a former secretary general of the civil service and minister of presidential affairs. Sabally was banned from holding public office for the remainder of his life.
- Njogu Lamin Bah. He is a former secretary general of the civil service and minister of presidential affairs. Bah was also banned from holding a public office for the remainder of his life.
- Amadou A. Colley. He is a former governor of the Central Bank of the Gambia. He was banned from holding public office for the remainder of his life.
- Basiru Njie. He was a first deputy governor of the Central Bank of the Gambia. He was banned from holding public office for the remainder of his life.
- Sirra Wally Ndow Njie. She was a Minister of Petroleum. She was banned from holding public office for the remainder of her life.
Legal basis for the pardon
According to the spokesperson of the Gambia government, the president exercised the power derived from the Commission of Inquiry Act 1903. The pardon was published as the Amnesty for Person Ban from Holding Public Office Order 2024.
Retroactivity
The public officers affected by the presidential pardon were banned in March 2019. But the law the president relied on to lift the ban was a recent amendment to the Commission of Inquiry Act 1903.
The parliament passed an amendment to the Commission of Inquiry Act in September 2023, about 4 and a half years after the government published a White Paper banning the affected public officials.
The September amendment insert a new section 20 which states:
(1) A person who is serving a ban from holding Public Office pursuant to a finding by a Commission of Inquiry issued under this Act, may apply for a commutation of the ban in writing to the Minister.
(2)Upon receiving such application, the Minister shall, within fourteen days, present it to the President for consideration.
(3) The President may upon consultation with Cabinet commute the whole or any part of the ban imposed on such person.
(4) Where the president in consultation with cabinet commutes the whole or part of the ban imposed on the person, the minister shall within one week from the date of such decision publish the decision in the gazette, by way of an Order.
(5) The Minister shall maintain a Register of persons banned from holding public office and may, from time to time, publish the names on the register in the Gazette.”
Clash with the constitution?
A Gambian constitutional lawyer, Lamin J Darboe, has challenged the decision made by the president as unconstitutional. Darboe argued that only the Court of Appeal and the Supreme Court can decide the validity of an adverse findings of a Commission of Inquiry.
The section 204 of the Constitution states:
“A person against whom any such adverse finding has been made may appeal against such finding to the Court of Appeal as of right as if the finding were a judgment of the High Court, and on the hearing of the appeal the report shall be treated as if it were such a judgment
“An appeal under this section shall be made within three months of the appellant being informed of the adverse finding as provided by subsection (1) or such later time as the Court of Appeal may allow.”
