Mai Fatty Vs BA Tambedou.

For those unaware this is what happened yesterday 23 March 2017

• First, Justice Minister and Attorney General, Ba Tambedou, called a press conference and criticised the haste with which the police investigated, arrested and charged the NIA 9 in the case of Solo Sandeng’s murder. The police are as we all know under the Interior Ministry.

• Then, Interior Minister Mai Fatty responded with a press release congratulating the police actions – and pointed out that if the NIA 9 had not been arrested as soon as possible they would have absconded and left the jurisdiction of The Gambia.

It is clear from social media discussions that 99% of Gambians support Mai Fatty for ensuring that these particular individuals were arrested and charged as soon as possible.

Ba Tambedou has a different approach:

• “… encouraging open discussions about the past and fostering national reconciliation through the establishment of a Truth and Reconciliation Commission. Any action, particularly in these early days, must be geared towards achieving that objective. Any other action that runs contrary to this spirit at this moment in time is both unwise and potentially dangerous. As leaders, we will have to make some hard choices. Difficult decisions form part of the burden of leadership. We must lead by example and at times, even lead public opinion in the supreme national interest”.

As in South Africa, “Truth and Reconciliation” may be seen by the ordinary citizens as the new rulers’ way of say “don’t rock the boat” – and may not infact offer any justice to the victims at all. In The Gambia, as in South Africa, what the victims of Yahya Jammeh’s brutality want to see is justice for the victims. And so the majority may applaud Mai Fatty for taking the steps that he did to ensure that the NIA 9 will face justice for Solo Sandeng’s murder. I think any attempt to “lead public opinion” on this matter (and let the NIA 9 go free) will end up alienating the public – something that Mai Fatty the politician is far more sensitive to than Ba Tambedou the lawyer. Lawyers don’t care about public opinion but politicians do.

In my opinion, Mai Fatty is on solid grounds in this case, but it does not end there!

Quotes from Ba Tambedou’s Press Conference (copied in full below)

Jammeh Era alleged criminals re-assured:

• Ba: “… no new criminal cases involving crimes allegedly committed by the former government will be handled by the Ministry unless they are thoroughly and comprehensively investigated …”

Police investigations to be overseen by Justice Ministry

• Ba: “It is preferable that criminal investigations and evidence collection be guided by the Justice Ministry right from the start … no new criminal cases involving crimes allegedly committed by the former government will be handled by the Ministry unless they are thoroughly and comprehensively investigated, and until the Ministry of Justice is also ready in terms of its capacity, resources, and logistical needs, and only after the approval of cabinet”

 Finally, Mai Fatty and the police warned!

• Ba: “our judiciary will be expected to assert their judicial independence and will vigorously scrutinize every piece of evidence presented by the prosecution as required in any normal criminal proceeding”.

What is gonna happen here? Will we see Mai Fatty or Ba Tambedou resigning? I think it will depend on the National Assembly Elections next month: a UDP landslide with a handful of votes for the GMC will mean Mai Fatty will solidify his position.

www.sambagate.com (March 24th, 2017)