Prominent human rights defender and executive director of the Banjul-based Edward Francis Small Center for Rights and Justice Madi Jobarteh has raised critical questions regarding the recent arrest of Mbemba Drammeh. Drammeh faces allegations related to claims that the ruling NPP rigged the 2021 presidential elections in the Gambia.
Jobarteh’s statement emphasizes the need for clarity on whether Drammeh has committed any legal offense warranting his arrest.
According to Jobarteh, the presidential election in question was concluded in December 2021, with both local and international observers deeming the process free and fair. While the United Democratic Party (UDP) and the Gambia Democratic Congress (GDC) disputed the election results, only UDP pursued legal action, which the Supreme Court ultimately dismissed on technical grounds.
Jobarteh noted that while the GDC maintains its assertion of electoral fraud, it did not take the matter to court, and presidential candidate Essa Faal withdrew before any legal proceedings commenced.
Given these circumstances, Jobarteh argues that Drammeh’s statements should be viewed as personal opinions that he is entitled to express.
The human rights defender pointed out that only political parties or candidates who participated in the election can formally challenge the results under the law. Section 49 allows for up to 10 days to file such a challenge.
Since UDP’s case did not advance, Jobarteh suggests that individual claims regarding election rigging lack legal standing.
Jobarteh calls for legal experts to weigh in on the matter, emphasizing the distinction between personal opinions and legally actionable claims in the context of electoral integrity. The ongoing situation has raised concerns about freedom of expression and the implications of Drammeh’s arrest for political discourse in the Gambia.
According to Jobarteh, the police lack the legal authority to investigate or prosecute matters related to presidential election results or alleged malpractice, as these responsibilities lie with the Independent Electoral Commission (IEC) and the Supreme Court.
He further posits that if the Inspector General of Police (IGP) were to take action against individuals making claims about past elections, it could lead to a troubling precedent regarding freedom of expression.
Jobarteh emphasizes that the implications of investigating Drammeh’s claims could inadvertently challenge the legitimacy of the 2021 election results, which the IGP and the high court are not constitutionally empowered to do.
He argues that Drammeh’s allegations, lacking substantial evidence or fact, do not meet the threshold for reasonable suspicion necessary for an arrest.
Jobarteh has called for the immediate and unconditional release of Mbemba Drammeh and for the police to apologize. He asserts that the 2021 presidential election results cannot be legally contested further in Gambian courts, indicating that the matter was effectively resolved when the UDP’s challenge was dismissed.
Gambia Police Force Probes Allegations of Election Rigging
Meanwhile, the Gambia Police Force announced on Thursday that it is investigating Mr. Mbemba Drammeh’s statements concerning the 2021 Presidential Election. Mr. Drammeh, who appeared on the television program “Politic Katchaa” aired by Kerr Fatou on December 25, 2024, alleged that the election had been rigged.
Acknowledging these claims’ potential national security implications, the Gambia Police Force is determined to conduct a thorough investigation to ensure transparency and accountability. Authorities have confirmed that Mr. Drammeh is currently cooperating with the investigation.
The police have reassured the public that the case will be addressed with the utmost diligence, emphasizing their commitment to maintaining public trust and upholding the integrity of the nation’s democratic processes.
