| T O P I C R E V I E W |
| Momodou |
Posted - 01 Apr 2026 : 23:50:22
The State Must End the Abuse of Prosecutorial Authority
For Immediate Release:
What is unfolding in the aftermath of the Ousainou and Amie Bojang case raises a fundamental question about the limits of prosecutorial power in The Gambia.
For nearly two years, the full weight of the State was brought to bear against two citizens. Evidence was gathered, presented, tested, and challenged before a court of competent jurisdiction. At the end of that process, the court reached its conclusion. That outcome, whether welcomed or not, was the lawful product of due process.
In any constitutional system, that is where the authority of the prosecution ends, unless properly engaged through established appellate procedures.
What cannot be accepted is the transformation of prosecutorial discretion into a tool for indefinite pursuit. The power vested in the prosecuting authority is not a licence to revisit, repackage, or prolong proceedings in search of a different outcome once the evidentiary case has failed. When prosecution continues beyond the point justified by evidence and judicial determination, it ceases to be a function of justice and becomes an abuse of process.
This is where the Ministry of Justice must be held to account.
Under our constitutional framework, the authority to initiate and discontinue criminal proceedings is a high public trust. It is exercised not to secure convictions at all costs, but to uphold fairness, objectivity, and the integrity of the legal system. Any action that undermines the finality of judicial decisions; outside of clearly defined appellate mechanisms, erodes that trust.
There is a critical legal distinction that must not be blurred. The State has the right to appeal where grounds exist in law. That right is structured, time-bound, and subject to judicial oversight. It is not a backdoor for relitigation, nor a mechanism to cure evidentiary deficiencies after the fact. To use it otherwise is to stretch the law beyond its purpose.
The doctrine of finality in criminal proceedings is not technical, it is protective. It shields citizens from repeated exposure to the coercive power of the State and affirms that once a matter has been conclusively determined, the individual is entitled to move on with their life. Undermining that principle introduces uncertainty into the justice system and weakens public confidence in its independence. If prosecutorial authority is exercised without restraint, the risk is not theoretical. It creates a precedent where acquittal does not equate to closure, and where the process itself becomes punitive.
The State must also be reminded that citizens retain the constitutional right to express dissent, including through peaceful protest. This right is not a concession from the government; it is a protected constitutional freedom that must be respected and facilitated within the bounds of the law. Our nation has paid a heavy price in the past when this right was mishandled.
The tragic events of April 10–11, 2001 student protests remain a solemn reminder of the consequences of excessive force and the failure to properly manage civic expression. That moment in our history should continue to guide the conduct of the security services today, toward restraint, professionalism, and an unwavering respect for the rights and dignity of every Gambian. In this context we condemn all efforts of the state security apparatus aimed at stifling the exercise of the right to protest, in particular the use of excessive force.
At the same time, we call on all citizens who may choose to exercise this right to do so peacefully, responsibly, and within the confines of the law. The legitimacy of any protest lies in its discipline and its respect for life and property. Acts of violence, destruction, or disorder only weaken the moral force of legitimate grievances and risk diverting attention from the core issues at stake. We therefore urge all participants to remain calm, organised, and law-abiding, ensuring that no life is endangered and no property is damaged. The strength of civic action is measured not by disruption, but by its ability to uphold the very principles of justice and order it seeks to defend.
APP-Sobeyaa therefore calls on the Ministry of Justice to act with the discipline the Constitution demands. Respect for judicial outcomes is not optional. It is the cornerstone of the rule of law.
This moment requires clarity, not manoeuvre. The integrity of our justice system depends on it.
APP-Sobeyaa (April 1, 2026) |
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