Seedy Muctarr Touray, Inspector General of Police
By Landing Ceesay
Sambujang Fatty, former Deputy Commissioner of Police responsible for the Policy, Planning, Research, and Training Departments in the Gambia Police Force, has filed a civil lawsuit against the Inspector General at the High Court for “wrongful” termination of his contract with the Police.
Deputy Commissioner Fatty wants a declaration from the High Court of the Gambia that the termination of his appointment from the Gambia Police Force on the 2nd of October 2024 by the Public Service Commission is unlawful.
Deputy Commissioner Fatty also wants an order directing his immediate reinstatement to his position and rank in the Gambia Police Force.
He also wants an order directing the Gambia Police Force to pay all his entitlements due to him from October 2nd, 2024, to the date of the reinstatement.
Sambujang Fatty, the former Deputy Commissioner of Police overseeing the Policy, Planning, Research, and Training Departments in the Gambia Police Force, has filed a lawsuit against the Inspector General of Police (IGP) at the High Court, contesting the “wrongful” termination of his contract.
Deputy Commissioner Fatty is requesting the High Court to declare his termination by the Public Service Commission on October 2, 2024, as unlawful. Additionally, he seeks an order mandating his immediate reinstatement to his prior role and rank within the Gambia Police Force.
He also requests that the Police Force be directed to compensate him with all entitlements due from the date of his termination until his reinstatement. Moreover, Deputy Commissioner Fatty seeks a declaration that his dismissal was procedurally flawed and violated due process.
In his suit, Fatty is claiming D5 million (Five Million Dalasis) in damages for what he asserts was a “wrongful” termination.
Accompanying his originating summons is a 96-paragraph affidavit, in which he outlines his extensive career and contributions as a senior officer in the Gambia Police Force.
“I was enlisted into the Police Force in January 2000 and served the former National Intelligence Agency from January 1994 to September 1995 prior to my separation for further studies in the United States of America.
During my service with the Police Force, I served in various units such as the Police Intervention, Community Policing, Prosecutions and Legal, Peacekeeping Training Center and participated in numerous high-level strategic planning and police operations,” Fatty said.
Deputy Commissioner Fatty highlighted his extensive experience in law enforcement, having served for 10 years with United Nations Peacekeeping missions in South Sudan, Liberia, and Darfur, where he worked at both operational and strategic levels.
In June 2023, Fatty was serving as a Law Enforcement Specialist with the United Nations Office for Project Services in Dar es Salaam, Tanzania, under a consultancy contract. However, just seven months into the role, he stated that he was approached by the former Inspector General of Police, now Minister of the Interior, Mr. Abdoulie Sanyang, who requested his return to The Gambia to support the security sector reform process within the Gambia Police Force (GPF).
Despite earning a monthly salary exceeding half a million dalasi and enjoying related benefits, Fatty stressed that his decision to return was motivated by his deep love for his country and his dedication to the GPF, rather than by the pursuit of rank, position, or material gain.
He explained that his commitment to the reform of the GPF was the driving force behind his return, recognizing the urgent need for comprehensive reforms to improve the effectiveness, efficiency, and integrity of the police force. Fatty expressed that this opportunity allowed him to leverage his wealth of experience and expertise in service of the GPF’s modernization and development.
“It is an established fact that until my return in July 2023, few meaningful reforms had taken place in the Police Force. Under the able leadership of the former IGP, I was able to lead and implement successful reform programs and activities. My efforts focused on addressing critical gaps, modernizing operational procedures, and enhancing the overall effectiveness of the force.
“The comprehensive reform programs and activities we have implemented, along with those currently in progress and planned for the future, reflect our unwavering commitment to building a police force that is effective, efficient, and trusted by the public. These efforts are aimed at creating a sustainable framework for continuous improvement, ensuring that the Gambia Police Force can meet the evolving challenges of law enforcement and contribute positively to national security and development,” he said.
Deputy Commissioner Fatty stated that Inspector General of Police (IGP) Seedy Muctar Touray’s decision to abandon the comprehensive reform strategy initiated by his predecessor significantly hampered progress. This he said compelled him, as the Commissioner in charge of police reforms and capacity building, to petition the IGP due to concerns over national security and the governance of policing.
Initially, out of fear of retaliation, Fatty said he sent an anonymous petition via email to the Ministry of Interior, the Ministry of Public Service, the Personnel Management Office (PMO), the Chief of Staff in the Office of the President, and the Office of the National Security Adviser.
However, after learning that the IGP and his associates intended to investigate the petition to uncover the author, and to avoid implicating innocent officers, Fatty stated that he decided to reveal himself as the petition’s author, formally signed the petition and distributed copies to the same authorities, including the office of the IGP.
“On 7 July 2024, I received a telephone call from Commissioner for Police Prosecutions, Mr Abdoulie Sanneh, that the IGP has invited me to a meeting for a discourse on the petition with the ultimate objective of addressing concerns raised therein. However, for unknown reasons, the IGP decided to cancel the proposed meeting. On the 8th of July 2024, I was approached by Commissioner Abdoulie Sanneh in my office, and the IGP demanded a withdrawal letter with an apology to enable us to discuss the matter internally.
“Considering that the IGP has expressed his desire to analyze and address the concerns outlined in the petition through the deployment of a democratic, transformational and supportive leadership approach, I decided to withdraw the petition with an apology to allow the internal processes to take place. A couple of hours later on the same date, Commissioner Abdoulie Sanneh returned and informed me that the IGP has refused to accept the withdrawal letter because it denotes justification to the petition,” he said.
Deputy Commissioner Fatty said a week later, he received a telephone call from AIG Admin, Ebrima Bah to attend a meeting at the office of the DIG, Momodou Sowe. Fatty said he was not informed of the agenda of the meeting but suspected it was germane to the petition.
Fatty said the meeting was attended by the DIG, AIG Demba Sowe and Ebrima Bah, and DCPs Malang Jarju and Abdou Bojang. He said prior to the introduction of the meeting agenda, he was quizzed by AIG Demba Sowe on whether he intended to record the meeting, and his response was negative.
Fatty said he was asked by DIG to leave his phone outside to participate in the meeting.
“In response, I stated that I was not aware of perpetrating any crime to warrant such treatment towards me as a superior officer, and above all, my subordinates were seated in the meeting with their phones. I insisted not to separate with my phones unless they subject everyone else in the meeting to the same standard. The DIG responded that I should, therefore, leave his office, to which I complied accordingly,” he said.
Deputy Commissioner Fatty asserted that after the failed meeting, the IGP instructed Commissioner Abdoulie Sanneh to formally register through AIG Admin a charge of discreditable conduct, among others, to the PMO/PSC for his suspension from work to allow for investigations into the petition.
Deputy Commissioner Fatty said he was not provided with any information regarding the charges preferred against him, together with a summary of evidence.
He believed that even if, hypothetically, the act of whistle-blowing constituted misconduct, paragraph 9.6.2 of the PSC Personnel Procedure Manual is clear in its stipulations that “Where the form of disciplinary action involves charges being preferred against the officer, the appointing authority should provide the officer, with particulars of the charges, together with a summary of evidence in respect of the charges.”
Deputy Commissioner Fatty said this provision has been deliberately disregarded by the appointing authority, rendering the decision and the entire disciplinary process arbitrary and devoid of due process.
He stressed that the right to a fair hearing is a cornerstone of justice, and any departure from this principle is not only a violation of his rights as a civil servant but also a dangerous precedent for the country’s public service.
“A couple of weeks later, I received a telephone call from DPS Mustapha Nyabally of PMO inviting me to a panel discussion regarding my petition against the IGP. At the meeting were DPS Nyabally and two other staff members from his office. During the meeting, I echoed that I should have been provided with the queries/charges preferred against me in advance to prepare for my defence as a principle of fair hearing. Unfortunately, this call was not heeded by the panel, and they decided to proceed with an exploratory interrogation.
Although I was willing to be candid and cooperative, I was required to be subjected to an interrogation using what I recognized, based on my extensive experience and having used the technique myself, as a behavioural interview technique. I felt insulted by the use of this technique on me. Therefore before proceeding with the interview, I approached to question the use of this insulting tactic against me. I was advised that the panellists would not vary in their questions. Taken aback, I put my distaste for this procedure aside and submitted to the interview,” Deputy Commissioner Fatty asserted.
Deputy Commissioner Fatty continued that the interrogation lasted approximately three hours, and one of the panel members made accusations that he petitioned the IGP because he was disgruntled due to the fact that he was not promoted.
Deputy Commissioner Fatty asserts that he responded that he was far from disgruntled as he was amongst those promoted from Assistant Commissioner to Deputy Commissioner of Police.
He said the Panel members made untruthful statements that the petition was out of hatred against the IGP, which he rejected and responded that the IGP is a comrade, he holds no grudges or hatred against him, and that his only concern is the interest of the institution and national security.
Fatty said during the hearing, his responses were confined within the parameters of his statement.
“On the 13th of August 2024, I received a missive from PMO reference PMB 380/01/Temp/(17) dated 13th August 2024, that the PSC has approved the decision to place me on administrative leave to allow investigations into my petition. In light of the above paragraph, it is evident that the decision to send me on administrative leave was based on the petition and not based on the charges preferred against me by the IGP. On the 14th of August 2024, I replied to the PMO letter regarding the arbitrary decision to place me on administrative leave.
“The PSC/PMO upon receipt of my reply to their administrative leave decision, decided to constitute another panel comprising the PSC deputy chairperson, Mr. Balla Musa Sanneh, Mr. Nganye Touray of PSC, Mr. Sulayman Samba of Judicial Service Commission, Mr. Mustapha Nyabally DPS PMO and Mr. Jaffuneh of PSC as the secretary to the panel. In consideration of my right to a fair hearing, I pointed out to the panel that the set procedures and regulations governing such administrative actions were flouted from the outset and that any further action would render the whole investigation process unsound, unreliable and unable to withstand scrutiny from the court,” he said.
Deputy Commissioner Fatty asserted that the panel insisted that this time around the investigation process will be impartial and transparent. He said the panel provided him with a copy of the proffered charges that he authored and circulated the petition through inappropriate channels contravening the General Orders without allowing him to prepare for his defence.
The Deputy Commissioner also stated that the panel during the hearing posed questions to ascertain the veracity of the assertions outlined in the petition and invited five superior officers, including himself, to testify individually.
“In testimony, I stated that the IGP’s leadership style and incompetence have led to significant operational challenges, undermining the institution’s effectiveness and the safety of our communities, and that, these challenges have manifested in various forms, including a noticeable increase in violent crimes, a breakdown in command structure, and a general decline in the morale and professionalism of police officers. The ineffective leadership has also resulted in poor strategic direction, inadequate response to public safety needs, and a failure to maintain the public’s trust and confidence in the police force,” he said.
Deputy Commissioner Fatty cited that paragraph 9.7 of the Personnel Procedure Manual provides that: “In the process of investigating, the accused officer must be given the opportunity to be present and pose questions to the witnesses. No documentary evidence can be used against him/her unless he/she has previously been given a copy or had access to the original.”
He further pointed out that the provision, which is meant to safeguard the rights of public servants, has been overlooked by the very body responsible for ensuring a fair and efficient public service, thereby undermining due process.
Deputy Commissioner Fatty described this as a failure to follow due process, which raises concerns about the integrity of the entire investigation and disciplinary procedure. This situation calls into question the motivations behind the decision to terminate his appointment, as outlined in a letter from the PMO, reference PMO14/202/03/(46), dated 2nd October 2024.
“My termination is retaliatory because I brought to light the wrongdoing/incompetence of the IGP as a whistle-blower. The ultimate aim of the petition is to address these critical issues and advocate for decisive actions that will restore the integrity, efficiency, and accountability of the GPF. It is imperative that the concerns raised in the petition are urgently addressed to safeguard the nation’s security and ensure the GPF fulfils its mandate to protect and serve the citizens of The Gambia.
“My ultimate goal is for the authorities to take serious actions towards building a police force that is respected and trusted by the public, capable of providing high-quality policing services, and committed to the principles of fairness and justice. It is an irrefutable fact that the ultimate objective of my petition is to bring to light activities and practices within the Gambia Police Force that are deemed unethical, illegitimate, unsafe, and repugnant to institutional development and national security,” he said.
Deputy Commissioner Fatty emphasized that, driven by patriotism and love for his country, he chose to resign from his role as a Law Enforcement Specialist at the United Nations Office for Project Services in Tanzania, effective June 20, 2023.
He shared that the unjust decision to terminate his appointment has left him feeling distressed and humiliated, causing him many sleepless nights.
“Unless the court intervenes to instil fairness and justice, over 20 years of my law enforcement career progression will be devastated, thus negatively impacting on my self-esteem and self-worth. I am informed by Counsel K. Jallow and I verily believe that same to be true that the court has the credibility and powers to grant the prayers sought. It is in the interest of justice for this Honourable court to grant the orders sought. I make this statement to the best of my ability, information and belief,” he said.
The case is expected at the High Court of the Gambia today for mention.