TAT editorial – Is it a case of judicial activism in Gambia?

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Mr. Alieu Famara Sagnia, TAT Consulting Editor

Since the advent of the new dispensation in Gambia, the courts have been returning verdicts which please the public, whenever aggrieved persons take their complaint against the state to the courts.

Indeed, since the change of government in January 2017, we have seen the courts playing their role of ensuring that the rule of law prevails, and adequately responding to matters which if unchecked could lead to impunity.

Yes, the judiciary has been a different animal since the departure of Yahya Jammeh, who even though he resorted to the courts, interested in judicial processes – as shown during the TRRC public hearings – and did not allow them to dispense justice freely and fairly as expected, and as required by the constitution and other laws of The Gambia!

With the coming of our New Gambia project, the judiciary has been given an opportunity to restore its damaged prestige and credibility under Jammeh; and this is evident from the judgments now emanating from our courts.

Indeed, it is succeeding in shedding its image as a den of mercenary judges; as a Bench of mostly of dishonest and not so qualified judges that was highly-compromised underJammeh – and this came out very clearly from the TRRC’s public hearings on the role of public institutions such as the judiciary of The Gambia!

As regards the recent judgments relating to the IEC nomination process, it is a good sign that the checks and balances are at full play, and clear evidence that our democracy is working properly.

Now, if the IEC was willing to go to court to defend itself, that was proof of confidence in our courts; and thus it should be gracious enough to now accept the verdict of the courts against it.

We do not expect our public institutions, which should serve and be seen as national icons, to be behaving in a way which suggests the prevalence of impunity.

So let’s hope that reports of the IEC not respecting the court judgments awarded to Dr Ceesay of CA and Mai Ahmad Fatty of GMC are not entirely correct; and that the national electoral commission will immediately do the needful, so to speak, and been seen to be doing so quickly.

There are reports circulating and allegations swirling against IEC officials and the institution.
These have been brought to the attention of the IEC, and we need an explanation from the IEC, and we need one fast to keep the public properly informed!

Let us hope the IEC takes a cue from the Ministry of Justice and not keep mum, but comes out and responds to the accusations and bad publicity it’s getting at this crucial moment.

This is essential so as to restore public trust and confidence in the capacity of the IEC to deliver free and fair elections, especially on December 4.

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Sainey M.K. Marenah
Mr. Sainey M.K. Marenah is a prominent Gambian journalist and the founding editor of The Alkamba Times. He previously held the position of Head of Communications at the Constitutional Review Commission (CRC) and served as a Communications and PR Consultant for The Gambia Pilot Program under Gamworks. Additionally, Mr. Marenah was the social media strategist and editor at Gambia Radio and Television Services and served as the Banjul Correspondent for Voice of America Radio. With a focus on human rights and developmental journalism, Mr. Marenah has established a significant presence in the Gambian media landscape, particularly in new media environments. His career began in 2008 as a junior reporter at The Point Newspaper, where he advanced to become Chief Correspondent. He later joined The Standard Newspaper in Banjul as Editorial Assistant and Head of News. Mr. Marenah is known for covering some of the most critical stories during the former and current administrations, including high-profile treason cases involving former military chiefs from 2009 to 2012. After his arrest and imprisonment by the previous regime of President Yahya Jammeh in 2014, he relocated to Dakar, Senegal, where he continues to work as a freelance journalist for various local and international media organizations, including the BBC, Al Jazeera, VOA, and ZDF TV in Germany. He is also a co-founder of the Banjul-based Media Center for Research and Development, an institution dedicated to research and development initiatives. As a journalist and communication expert dedicated to supporting the Gambia's transitional process, Mr. Sainey M.K. Marenah plays a significant role in developing a media and communications platform aimed at enhancing civic participation and raising awareness of the requirements for transitional governance. His efforts contribute to the country's ongoing movement toward democratization. In addition to his work in Gambia, Mr. Marenah has traveled extensively across Europe, Africa, and the United States as a professional journalist and has participated in various local and international media training programs. He is currently based in the United States.

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