The unconstitutional announcement by the Inspector General of Police on December 26 for individuals to obtain a permit before embarking on a ‘convoy’ is utterly unfortunate, unhelpful and a direct threat to the fundamental rights and freedoms of the people.
Section 25(d) of our constitution gives each and every Gambian, individually and collectively the freedom to assembly and to demonstrate peacefully without the use of arms. The exercise of such right does not in any way require the permission of the State and its agencies. But all State institutions and the Gambia Police Force in particular are expected to be present to protect the exercise and enjoyment of this right by citizens. Section 25 is an entrenched clause which means it is a provision which cannot be abrogated in any way by any authority, institution, individual or power in the Gambia except through the expressed will of the people of the Gambia in a referendum.
Hence for the IGP to issue such a directive is a direct violation of Section 17 of the Constitution, which places an obligation on the Executive as the chief protector of the rights of citizens. The Gambia Police Force and all officers of the force are an agency and employees of the Executive, hence they are equally obliged to protect rights and not to damage them. Rather than command citizens to seek a permit, the IGP Yankuba Sonko is expected to instead seek the cooperation of citizens in how best the police can serve them. Seeking the cooperation of citizens is not the same as requiring them to seek a permit first before they can enjoy their right.
I know the IGP is using the Public Order Act as the basis of his unfortunate announcement. Let me remind the IGP that the Public Order Act is a colonial law created in 1961 and then amended in 1963 by the colonialists for the purpose of limiting the freedom of Gambians to agitate for our freedom and independence. This colonial and draconian law was not touched again until in 2009 when the Dictator Yahya Jammeh amended it in response to the urge in citizens to agitate for their freedom following he 2000 student massacre and the 2004 murder of Deyda Hydara and the events surrounding the 2006 presidential elections and 2007 parliamentary elections. Because of the agitations of citizens and the fear of people gaining their freedom, the Dictator went back to the colonial period to fish out this draconian law in order to clampdown on the sovereign rights of Gambians.
Let us remind the IGP that a public servant and a security officer without political awareness is a potential criminal. Section 1 Subsection 2 of our constitution states that the sovereignty of the Gambia resides in the people of the Gambia. It went on to say that the State derives its legitimacy from the people and the State and all its officers perform their functions on behalf of the people and for the interest of the people. Hence each and every member of the State must see himself or herself as an instrument for the expansion and protection of the rights and freedoms of the sovereign people of the Gambia. No public officer or security officer must therefore allow himself or herself to be used as a tool to limit the freedoms of the people.
The IGP must realize that he must not therefore curtail fundamental constitutional and sovereign rights of citizens on the basis of a law that was the imagination and invention of colonialists. We cannot be said to be an independent and sovereign republic yet we continue to employ colonial laws and institutions to injure citizens.
The Public Order Act is an illegal and unconstitutional law because it directly violates the constitution in all respects. Section 4 of our constitution states that the constitution is the supreme law of the land.
“This constitution is the supreme Law of The Gambia and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.”
This clearly shows that the Public Order Act is wholly and totally in contravention with Section 25(d) of the 1997 Constitution hence it is an illegal law.
What we expect the IGP to do is to deploy more traffic officers and general duty police officers to assist in the expansion and protection of the rights of the people. The Gambia Police Force should be seen as an institution that supports the people enjoy their right and not to curtail our rights. This period is a festive season in all parts of the world, particularly in the Gambia. Our people do not have to seek a permit first in order to enjoy the full expanse and time of their God given country. We must be able to enjoy ourselves in line with our constitution. In that case we only expect the entire State machinery to be a tool to facilitate the enjoyment of constitutional rights and not a tool to stop us from enjoying our constitutional rights.
Finally, let me inform IGP Sonko that a new Gambia has emerged. Let all public servants and security officers realize that. Let them make themselves the true servants of the people and not oppressors of the people. The Gambia is taking record and we shall hold each and every public servant and security officer to account on the basis of one’s actions. No security officer or public servant can defend oneself on the basis of carrying out an order. All security officers must realize that they are not bound to carry out any unlawful order, but they must be seen to stand with the rights and freedoms of the people.
I wish to put it to IGP Yankuba Sonko to therefore withdraw his unconstitutional announcement with immediate effect and deploy the full resources of the Gambia Police Force to enable Gambians enjoy their full constitutional rights. Failure to do that, IGP Sonko is therefore violating our constitution and the rights it has conferred on us. For that matter, IGP Sonko is therefore breaking the law and he must be held to account for such illegal action at the right time.
Forward with the Gambia
By Madi Jobarteh
