Mbemba Drammeh, Former NPP Supporter
By Madi Jobarteh
Legally speaking, has Mbemba Drammeh committed any offense to warrant his arrest? Can the legal minds express themselves to this fundamental question.
The election that Mbemba was referring to was a done deal since December 2021. Both local and international observers had declared the presidential election to be free and fair. All political parties except UDP and GDC refuted the results claiming there was rigging. Only UDP took the matter to the Supreme Court which turned it down on points of technicality.
While GDC still maintains that the election was rigged they never challenged it in court. On his part, presidential candidate Essa Faal dropped out even before the matter went to court.
So whatever Mbemba says now is his opinion and he has a right to express it.
To challenge a presidential election result, one has to be a political party or a candidate who contested in that election. Section 49 gives up to 10 days to make that challenge. In 2021, UDP did so but the case did not proceed, unfortunately. Therefore, anyone can go to the mountain top to claim that they imported invisible ninjas to rig the 2021 presidential election. But that would just be the figment of that person’s imagination with no legal effect.
Mbemba Drammeh is neither a political party nor a presidential candidate in the 2021 presidential election. If, after three years of that election he comes around to make wild claims, what would be the justification for the police to arrest him? The police has no legal authority to investigate and prosecute a presidential election result or malpractice. That’s for the IEC and the Supreme Court to do.
Or, is the IGP saying if I should go to GRTS tonight and claim that the 2006 presidential election was rigged and I was part of it, I would also be arrested? Does the IGP understand the implications of his actions? Because, if they did investigate and prosecute Mbemba’s claims and succeed then they are effectively overturning the results of the 2021 presidential election. Yet the IGP and the high court have no constitutional grounds or powers to do that!
Therefore, one may ask, what is the basis for the IGP’s action because arrest follows an allegation of reasonable suspicion. Mbemba did not bring out any fact or evidence that would warrant his arrest. Any loudmouth can sit at the Bantaba to make outlandish claims, but should he be harangued for that?
I urge the IGP to immediately and unconditionally release Mbemba Drammeh and apologize to him. The 2021 presidential election cannot be challenged anymore in any court in the Gambia. No crime or offense can spring out of that election simply because it was an election and it is past. The country missed an opportunity when the top court struck out the UDP challenge and that’s where it ended!
Free Mbemba Drammeh!
For The Gambia Our Homeland