By: Alieu Ceesay
The Kanifing Magistrates’ Court on Thursday acquitted and discharged three prominent leaders of Gambians Against Looted Assets (GALA) — Omar Saibou Camara, Alieu Bah, and Kemo Fatty — of charges of unlawful assembly and common nuisance.
Principal Magistrate Sallah Mbaye upheld a “no case to answer” submission by defense counsel L S Camara, ruling that the prosecution failed to establish a prima facie case on both counts.
The charges, brought by the Inspector General of Police, stemmed from a gathering at the National Audit Office last year. The protest followed the controversial removal of former Auditor General Momodou Ceesay, an event many Gambians viewed as an abuse of power.
In a detailed ruling, Magistrate Mbaye stated that the prosecution’s evidence, even at its highest, showed “no evidence of violence, threatening violence, intimidation, destruction of property, obstruction of access, or any conduct from which a reasonable person could objectively conclude that a breach of the peace was imminent.”
“The court cannot infer the essential ingredient merely because voices were raised or because the accused persons insisted upon exercising what they believe to be their constitutional right,” she declared.
The court further criticized the prosecution for relying on Section 5 of the Public Order Act, noting that the accused were not charged under that law. “No counts before this court allege that they organized or participated in a procession, meeting, or assembly without obtaining the permit prescribed under the law,” Magistrate Mbaye said.
She emphasized that the accused must only answer the specific offenses charged. The court found no testimony from pedestrians, motorists, employees, or residents indicating any obstruction, blocked roads, denied access, or disruption to commercial activities or emergency services.
“The court was therefore left with evidence establishing only that the accused persons assembled outside a public institution intending to hold a press conference,” the magistrate noted.
Magistrate Mbaye upheld the no-case submission on both counts under Section 62 of the Criminal Offenses Act, 2025, and ordered the immediate discharge of all three men. The case, which attracted significant public attention since last year, saw four police witnesses testify.
Reacting to the verdict, GALA spokesman Omar Saibou Camara said: “We shall win, and today, we have won with love, dignity and respect. Gratitude to all our lawyers… This is not the end; this is the beginning of a bigger fight for justice, freedom, and democracy. One down. Two more to go. Power to the people.”
The acquittal is being hailed as a significant victory for freedom of assembly and expression in The Gambia.
