By Mathew K Jallow

In the trial of Dr. Amadou Scattred Janneh and the Coalition for Change-Gambia (CCG) 7, for the unlikely crimes of treason and sedition, the chicanery ended for the state’s prosecution witnesses, but the drama of this mini-epic is still to come. The climax of this Kangaroo trial, judgment day, will now have to wait for another day, another time. For the past several weeks that the Dr. Amadou Scattred Janneh and his co-defendants trial has lasted, it was like playing the part of silent actors in scenes from an unwritten play; a tragic, imaginary medieval play full of intrigue, suspense and diabolical mechanizations. For the eclectic parade of state witnesses, it was the typical definition of the suspension of reality in a new Gambia that has become so unrecognizable; a Gambia where the puppet-master in characteristic mean-spiritedness, pulled the strings and played the music to which the witnesses danced. The dramatics of the witnesses’ evidences were almost Shakespearian in character, as if Hamlet had come alive again, but their testimonies were acts that could never have played in a Renaissance theatre, much less in a 21^st. century court of law. The parade of state witness characters, products of their pitiful political environment, proved to be the perfect portraits of disingenuousness and mendacity; the quintessential embodiments of misguided opportunism and deleterious slavishness to the authority of one man; Yahya Jammeh. If ever a case can be made for pure conjecture, presumption, speculation and assumption, the Dr. Amadou Scattred Janneh and the CCG 7’s trial is the perfect candidate. This trial clearly stands as an imposing monument to frivolity and gross abuse of state power. But the relentlessness, with which the state witnesses tried desperately to link the civil and human rights aspirations of CCG to the commission of treason and sedition, could only come from a place of mindless obedience and puerile servitude to a force of power to which the police witnesses owed fearful blind loyalty.

After week of futile efforts to tie CCG members and contracted workers to the heinous crime of treason and sedition, the state, in all its greedy eagerness to silence CCG, has yet to produce a single iota of evidence that links the CCG 8 to treasonous and seditious activities designed to overthrow Yahya Jammeh’s regime. If anything, what all the civilian witnesses confirmed in their testimonies, was the production, wearing, and distribution of t-shirts found to bear political statement; “Coalition for Change-Gambia–End Dictatorship Now, in the front” and “Freedom” at the back. In fact, fewer than ten people ever got, much less wore the t-shirts. But the existence of the t-shirts is not what is in dispute. The CCG t-shirts have been worn in public long before it became problematic in the eyes of the regime. Besides, CCG had earlier launched an information campaign through radio interviews with Ndey Tapha-Sosseh and myself, as well as newspaper articles and press releases that were splashed all over The Gambia’s online and international media, to educate Gambians and the broader world public about CCG’s objectives as a dissenting political voice with political and policy disagreements with the Gambian regime. Secondly, given that local radio stations with dissenting views have been burnt down to the ground and others closed by the state, the decision to provide an alternative voice to Gambia’s opposition and dissenting voices was a no-brainer for CCG members. The decision to locate Radio Free Gambia inside Senegalese territory was also public knowledge, long before CCG formally applied for permission to locate there, and despite the fact CCG was not sure whether we would be authorized a license in the first place. The rationale behind this move was simple and it made perfect sense; to operate out of the reach of vandals operating inside The Gambia, who had already burnt down the Independent newspaper, the Independent printing press, and incinerated and destroyed FM1 radio station and closed down Citizen FM and Yiriwa radio stations.

In a trial most observers around the world characterize as amounting to paranoia and state over-reach, fourteen witnesses were called to testify, including two employees of Dr. Amadou Scattred Janneh and his wife. The first prosecution witness, Jal Joof, an employee of Classic Lady Shop, owned by Fatou Kuyateh, Dr. Amadou S. Janneh wife, told the court he was given a T-shirt by Dr. Janneh. Sulayman Gaye, a police officer and second witness gave evidence he picked up a plastic bag containing along Kairaba Avenue with the inscriptions “Coalition for Change The Gambia, End Dictatorship Now’ on the front; and ‘Freedom’ on the back. Abdou Ceesay, fifth witness, a driver of Dr. Amadou S. Janneh, confirmed receiving a T-shirt from him at the office of Commit in Kotu. Momodou Bah, witness six, a police officer, tendered the film he recovered purportedly used in printing the T-shirts. He told the court that investigation had revealed that they intended to print 10,000 T-shirts and distribute for the purpose of demonstration “to change the government of The Gambia”.The seventh witness, Ousman Thorpe, a police officer, told the court that he transcribed the audio press release of the Coalition for Change (CCG). He used the hard drive containing the audio press release and played the audio to the court. The witness further said he opened the CCGTG email account details and discovered that the email “details contained negative conversation among CCG members”, aimed at removing the APRC government.

As the trial continued, witness eight, Gibril Colley, a police officer testified that he obtained Dr. Amadou S. Janneh statements, both cautionary and voluntary, in the presence of one Kutubo M. Sanneh, an independent witness on the 6th June 2011. And Dawda Touray witness nine, testified that he obtained the statements of the accused Ebrima Jallow on the 7th June 2011. The tenth prosecution witness, Saidou Camara, a security officer said he saw the Dr. Janneh distributing T-shirts and he got one. Samba Baldeh, a police officer and witness eleven told the court he obtained statements from the accused, Micheal Ucheh Thomas. Corporal Ebrima Mboob, witness twelve said that he translated a message purportedly written by Dr. Amadou S. Janneh to one Dodou Wade, a Member of Parliament and nephew of President Abdoulie Wade, from French to the English language. ASP Bakebba Susso witness thirteen and the chief investigator of the alleged offence gave evidence relating to the police investigations. He said after recovering some T-shirts from Dr. Janneh’s house and office and also a hard drive, he instructed witness seven, Ousman Thorpe, to log in to the CCG email account and to print out all the incoming and outgoing mails therein. ASP Bakebba Susso named some of the members of CCG as Ndey Tapha Sosseh, Mathew K. Jallow, Banka Manneh he said he found in the hard drive. He further went on a limb to make an outrageous accusation that is based purely on conjecture and speculation “that the Coalition for Change intended to overthrow the government of The Gambia through street protest”. The last prosecution witness, Lamin Drammeh, the technical manager at the Comium Gambia Ltd, testified that Comium number 6161981 was registered in the name of A.S. Janneh. In Dr. Janneh’s telephone communications, the Comium witness gave not a single indication of conversations accusing treason and sedition.

In their testimonies, the first, Jal Joof; the second, Sulayman Gaye, a police officer; the fifth Abdou Ceesay a former driver of Dr. Janneh; the sixth, Momodou Bah a police officer and the tenth Saidou Camara a private security officer all merely confirmed what is neither a secret nor a crime; the existence of t-shirts bearing the political statements; “Coalition for Change Gambia-End Dictatorship Now” in front and “Freedom” at the back, which were printed, worn and distributed to some individuals. But to insinuate that this rises to the level of treason and sedition is not only ridiculous, but it is to say that the tens of thousands of political banners recently displayed by protesters in Senegal, U.K, United States, Greece, Spain, Italy and Canada were treasonous and seditious messages against the state. It is a stretch to make that suggestion and the statements printed on the CCG t-shirts in no way, shape or form implicate the organization in efforts to overthrow the regime and effort to make that connection, is to attempt the absolute impossible. The other group of witnesses, Gibril Colley, a police officer; Dawda Touray, a police officer and Samba Baldeh, a police officer testified that they obtained cautionary and voluntary statements from Dr. Janneh, Ebrima Jallow and Michael Ucheh Thomas relating to the production, wearing and distribution of t-shirts bearing political statements. Since nowhere in the statements was there any admission of plans to aid and abet an enemy of the state or plans for an insurrection designed to topple the regime, the statements did not prove treason or sedition. Finally, Ousman Thorpe, Ebrima Mboob and Bakebba Susso, all dealt with the technological aspect of the investigation, in the process invading the privacy of Dr. Janneh by accessing and printing out his private emails.

To reiterate, the first group trial witnesses, Jal Joof, Sulayman Gaye, Abdou Ceesay, Momodou Bah and Saidou Camara tried merely to prove the existence of the CCG T-shirts. This was a sheer waste of the court’s time and state resources and an exercise in futility, because the t-shirts were never in dispute. In fact, long before the printing of the t-shirts, CCG had been in the news; in radio, on the Internet and the print press. Furthermore, the founding of CCG is a civil right matter guaranteed by the Constitution and the same Constitution which guarantees the printing of political statements and their distribution and wearing as one fundamental tenets of democracy and the most important pillar of the freedom of political association and expression. The CCG is protected by the Gambian Constitution, to print, wear and distribute t-shirts be bearing political statements, regardless of how odious the statements may appear to the state. In the case of the second group of witnesses, Gibril Colley, Dawda Touray, Samba Baldeh and Ousman Thorpe who took statements from the four accused, one has to ask, what taking statements about t-shirts has to do with treason and sedition. The t-shirts exist and in fact, they have been worn in public long before the state decided they were a threat. The taking of statements proves nothing, whatsoever, apart from wasting precious time and resources. The last group, Ousman Thorpe, Ebrima Mboob and Bakebba Susso who accessed and printed out Dr. Janneh’s private emails found nothing that is incriminating or treasonous and seditious.

In conclusion, Momodou Jallow, Ousman Thrope and Bakebba Susso made the most serious allegation against CCG, allegations they are yet to prove. Momodou Jallow testified in court that CCG intended to print 10,000 t-shirts and that somehow meant CCG planned to demonstration in order to “to change the government of The Gambia.” First of all, if Monodou Jallow might want to learn that protests, demonstrations, and even riots are protected by our Constitution as freedoms of speech. Spontaneous protests, demonstrations, and riots against governments and regimes are authorized to erupt in any country without prior notice to the state. This is a Constitutional guarantee the people can exercise to express opposition to any regime or government. So to say that the printing of not ten thousand, but a million t-shirts for the purposes of demonstrations amounts to plans “to change the government of The Gambia” is on its face not only idiotic, but it the purely ridiculously speculative. And the fact the Mr. Jallow thinks in his head that CCG wants to overthrow the regime, does not make it true, and it is damn lie. Second, Ousman Thorpe said that the CCG email “details contained negative conversation among CCG members.” Mr. Thrope should have told the court what those negative conversations said, and even if this were true, which it is not, talking negatively about Yahya Jammeh and his regime does not amount to the crimes of treason and sedition. Beside, Mr. Thorpe’s conclusion is merely his personal opinion; and not the truth. Someone else may read the same emails and come to an opposing conclusion. What amounts to a negative conversation for Ousman Thorpe, may be a perfect dose of constructive criticism to someone else. Consequently, trying to speculate what CCG was going to do was pure guess work at its wors. As for ASP Bakebba Susso who said Dr. Amadou S. Janneh, Ndey Tapha Sosseh, Mathew K. Jallow and Banka Manneh “intended to overthrow the government of The Gambia through street protest”one has to say the even assuming CCG planned to protest, it is not a crime to do so. Protest, demonstrations and riots are legal and protected civil rights. I hope Mr. Susso the big, chief investigator understands what civil rights are. In this case as in the cases of Ousman Thorpe and Momodou Jallow, his conclusion is only an opinion; his opinion, and because he thinks CCG planned to do something, does not make it true. To prove that CCG members committed the acts of treason and sedition is an impossible hurdle to surmount, because nothing in our radio interviews, press releases, email messages or telephone communications remotely suggests that CCG “aided and abetted an enemy state against our country,” or planned in any way, shape or form to “take up arms militarily to the overthrow the regime,” which committed treason and sedition in the overthrow of the legitimately elected government. If ever CCG planned any demonstration or protests, it would be to make the following demand to the regime:

i. Repeal laws that unduly restrict freedom of expression

ii. Ensure equal access to public media for all political establishments

iii. Organize a referendum on instituting Presidential term limits

iv. Free all political prisoners

v. End arbitrary arrests, detentions, torture and murders

vi. Investigate all mysterious deaths and disappearances

vii. Respect freedom of assembly and association

Additional and Relevant Information addressed to Justice Emmanuel Nkea

Due to The Gambian regime’s hostility to opposing political views and media voices, burning some and closing down others, Gambian TV,radios and print media have proliferated outside the country; from Asia, Europe and the United States and include;

TV Stations:

1. Gambiatv Asia
2. Raakitv Sweden

Radio Stations:

1. Radio AVG Senegal
2. Freedom Radio United States
3. Senegambia Radio United States
4. Hello Gambia Radio United States

Online Newspapers:

1. Maafanta Newpaper
2. Senegambian News
3. Freedom Newspaper
4. Hello Gambia News
5. The Gambia Echo
6. Jollof News
7. Gainako News
8. Gambia Dispatch
9. AllGambia News
10. The Gambia Journal

In addition, many Gambian Civil and Human Rights organizations with the same vision and mission statements as CCG are operating across West Africa, Europe and the United States, and these include;

Civil Society Organizations:

1. Coalition for Change-Gambia (Gambia)
2. The Campaign to Fight Human Rights Violations (Scotland)
3. Save The Gambia Democracy Project (US)
4. Coalition for Human Rights The Gambia (UK)
5. Human Rights for All (Sweden)
6. United Gambia for Democracy & Freedom (Senegal)
7. National Movement for the Restoration of Democracy in The Gambia (US)

What all these TVs, radios, newspapers and civil society organizations have in common is that they would not be permitted to operate freely with the boundaries of the Gambia. As the newest organization, the Coalition for Change-Gambia decided against the odds to establish presence in Gambia and demand political changes and guarantee more rights to citizens.