Fatou Jaw-Manneh’s Lugubrious Trial- Editorial
By Mathew K. Jallow, Associate Editor
If ever there is a case of abuse of power and the showcasing of a judiciary system gone awry, the case of Fatou Jaw-Manneh is a clear example. Unlike the trials of Mayor Pa Sallah Jeng and many others, which were deliberately drawn out over a long period of time in order to inflict maximum pain and suffering on the victims, Fatou Jaw-Manneh’s case symbolizes all that is wrong with our judiciary system. For a case that started in Kanifing Court more than one year ago, when Magistrate Buba Jawo clearly argued that the case was in the right jurisdiction, but changed his mind after a few weeks of the trial, it is incomprehensible that the hearing has come back right where it started so many moons ago. If it is taking the judiciary more than a year to determine a simple case of jurisdictional authority, what else are they getting so wrong, particularly relating to points of law when the freedoms of defendants are on the line? The judiciary may be playing political football with the lives of the young men and women paraded before magistrates and judges with questionable qualifications and loyalties. The judiciary is a sacred institution in our country, and playing games and politics with our laws is a serious offence any judiciary and law enforcement official can commit. Consequently, our judges and magistrates must be made aware that the people too are watching their every act and action.
The Jaw-Manneh’s case has become a saga of manifest ineptitude, a symbol of gross abuse of power and human rights violation and a testament to the paralyzing fear that has gripped all our “supposed” men of the law. A petition was signed by hundreds of Diaspora Gambians a few weeks ago, which called for the immediate release of Jaw-Manneh failing which she should be given a speedy trial. The regime in typical arrogance and ignorance, and under Jammeh’s direction, has ignored the vast majority of Gambians who view this judiciary and the trial of Fatou Jaw-Manneh as nothing more than the instruments of intimidation and human rights abuse. There is no doubt that Fatou Jaw-Manneh has been forced to waste so much precious time at home leaving behind her education and means of making a livelihood. In any way one looks at it, this is vengeance at its worse, but Jammeh has failed to realize that the law does not allow revenge in any form because it will tantamount to double jeopardy, which is the punishing of an accused twice for the same “offence.” But, worst still, Jaw-Manneh committed no offence at all, because she is within her Constitutional right to write and criticize a government that pretends to represent and act in her behalf. The hearing, therefore, attempts to deny Fatou Jaw-Manneh her rights under our law, making the case a Kangaroo trial, which should never have been bought to court in the first place.
Our readers should be reminded that the hearing, which began at the Kanifing Municipal Court more than a year ago, was abruptly ended and returned to the Justice Department in Banjul. Magistrate Buba Jawo, was then with the opinion that the case was beyond the Kanifing Municipal Court to handle. Authorities in Banjul consequently sent the case for trial to the Brikama Court, but the justice officials there soon sent the case back to Banjul for the same reason it was sent to Banjul by the Kanifing Municipal Court. But, Banjul sat on the case for all these months before bringing it back to Kanifing. The time elapsed is nearly one year and meanwhile, Fatou Jaw-Manneh’s time is being wasted as she is held hostage by Jammeh and his thugs. Since this case started a year ago, it has managed to generate worldwide interest, particularly from regional and international media houses and human rights organizations. What happens in this trial in the coming days and weeks will reflect the kind of perception the world will have of The Gambia and the justice system in place there. The pusillanimous dictator at State House, who has consistently shown a penchant for bringing false charges against those he is threatened by, may some day soon have a taste of his own medicine. If Yahya Jammeh can with a straight face does and often mockingly call Mile II Prisons a hotel, when countless Gambians are dying there and others are suffering very horrible and inhuman conditions there, he does not deserve to be the head of any country. We will continue to watch the unfolding of the case in the days and weeks ahead, and to educate the international community of developments. Until then, we encourage Fatou Jaw-Manneh to stay strong, because this too will come to an end some day.