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Gambia News : Fatou Jaw Manneh's Ordeal Clocks One Year

Today, March 28, marks exactly one year when Journalist Fatou Jaw Manneh, based in the United States of America, was arrested at the Banjul International Airport, upon her arrival from U.S. She was arrested by the National Intelligence Agency agents and detained for five (5) days before appearing in court on the 3 April, 2007.

On the 3 April, 2007, she appeared before a Magistrates Court, she refused to take her plea without a counsel. The following day, 4 April, she re-appeared before Magistrate Buba Jawo of the said court and pleaded not guilty to the three sedition charges against her. The first count alleges that Fatou Jaw Manneh acted with seditious intention, contrary to section 52 (1) (a) of the Criminal Code.

Count two states: Publication of seditions words, contrary to section 52 (1) (c) of the Criminal Code. Count three alleges publication of false news with intent to cause fear and alarm to the Gambian public, contrary to section 59 (1) of the Criminal Code.

The particulars of offence indicated that "Fatou Jaw Manneh, with seditions intention, granted an interview contained in a publication, dated 23 October, 2005, consisting of the following words, to which included "Betrayal," Jammeh is tearing our beloved counter into shreds, he debunked our hopes and became a thorn into issue that is related to progress in The Gambia, be it social, political and economic. Worst of all, he is a bundle of terror. There is need to speak out against his tendencies. If you look around The Gambia, particularly at the condition people live in, you will see what I mean, that Gambians are desperately in need of an alternative to this egoistic frosty imam of APRC. Jammeh is full of energy but very negative energy and he totally lacks direction. What he needs is to come clear to The Gambian people and say he has failed us all miserably; that he will be doing everything to revitalize his promises to The Gambia people, excuse his ten years in office, rather than forcing us to like him or forcing us to recognise the developments that do not exist." She plead not guilty to the charges against her.

Her defence counsel Lamin Jobarteh challenged the jurisdiction of the court to hear the case as the alleged offences were said to have been committed while the accused was in USA. Jobarteh pointed out that there is nothing in the charge sheet to indicate whom the publication had been made to. Jobarteh argued that his client should not even take her plea to the charge, but due to the fact that her liberty is at stake, he will allow her to take her plea. Magistrate Jawo granted bail in the sum of D25, 000, with a Gambian surety. The trial commenced on Thursday, 12 April, 2007 before Magistrate Jawo with the testimony of an NIA officer (name withheld). Defence counsel Lamin Jobarteh applied for a "Voir dire" (trial within trial) to test the voluntarilness of the statements, but was overruled by magistrate Buba Jawo.

On Tuesday, 19 June, the state counse,l E.O Fagbenle, informed the court of the state's intention to substitute the charges. The two substituted chargers are; publication of false news with intent to cause fear and alarm in the public and uttering seditions words. Defence counsel Jobarteh objected to the new charges, noting that is was an act of amendment and not a subsitution of charges, noting that the prosecution was adding more to the charges. His objection was overruled by Magistrate Jawo, who urged Fatou to take her plea to the new charges. She later pleaded not guilty and was granted bail in the sum of D100,000, with one Gambia surety.

On Thursday July 3, as the trial was in progress, the trial magistrate Buba Jawo stunned the court by delivering ruling on the case, that his court lacks the jurisdiction to try the case. He decided to transfer the case to Banjul Magistrate Court. His reason was that the investigation to the case was conducted in Banjul, which is not in his jurisdiction.

The case was later assigned to Magistrate Imelda Mboto of the Banjul Magistrates' Court. It was called for commencement on 17 July, but the defendant and her counsel were not in court and the matter was adjourned to the 2 August, when the magistrate was also indisposed. On the third adjourned date, 6 August, 2007, Magistrate Mboto also declined to hear the case on the basis that her court also lacks jurisdiction to try the accused person. Magistrate Mboto ruled that, the accused was arrested at the Airport, which is in the jurisdiction of Brikama. She then move the case to Brikama Magistrate court. However, Fatou never appear at the Brikama Magistrates' Court.

However, on 21 November,2007, the state decided to take the matter to the High Court, where the case could not proceed due to the fact that the Judge, Justice Mabel Maame Yamoa, did not received any evidence as to the previous hearing from the Kanifing Court. The matter was later adjourned to enable the files from Kanifing to be made available. Again on the 28 November, Justice Yamoa ruled that she did not have the grounds of the state for appeal before her. She adjourned the case to 7 December 2007.

On Friday 7 December, the High Court Judge ruled that the case should bounce back to the Kanifing Court where the trial started, noting that a good number of witnesses had already testified there.

After almost three months without any progress in the case, Fatou was again called to appear at the Kanifing Magistrates Court. On Monday March 10, 2008 the case could not proceed and no reasons were advanced to her. She was asked to come back the following day, Tuesday 11, and was again told to return on 17 March.

Surprisingly, Magistrate Jawo, on Monday, 17 March, told the parties that he had no file before him pertaining to the case. He ruled that he would not even take any adjournment date as he could not tell when the file will be available. The state counsel echoed the magistrate's statement that the file has been reported missing.

The case was therefore adjourned indefinitely.

Src: Foroyaa, Gambia