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Press Freedom in a Democratic Society: The Gambia Supreme Court Decision
By Adeboro Odunlami
About three months ago, precisely on the 14th of February 2018, the Court of Justice of the Economic Community of West African States, pointedly delivered a judgment in favor of press freedom in the Gambia.
The case before the ECOWAS court had been triggered by the story of four Gambian journalists, Fatou Camara, Fataou Jaw Manneh, Alhagie Jobe, and Lamin Fatty, who had been arrested, detained and intimidated for their work as journalists in the Gambia; a ‘democratic’ country.
They had so much feared further persecution “including the fear of physical and mental harm” that they fled their country into exile.
The case (Suit No: ECW/CCJ/APP/ 36/15) was then filed in the name of the Federation of African Journalist (FAJ) and the four aforementioned journalists, against the Republic of the Gambia and the ECOWAS court was called upon to determine the appropriateness of such laws upon which the Gambian government rely to repress press freedom, namely the Information and Communications Act and some provisions in the Gambia Criminal Code, and for the ECOWAS court to order The Gambia to repeal those laws and enact more favourable laws.
These laws did not only repress press freedom, the right to information and expression, right to liberty and security and the freedom from torture and inhuman treatment, it also imposed ridiculous penalties.
For instance, one of the journalists had been slammed with the penalty of paying 250,000 GMD (approx. $5299.42USD) for criticizing the government and the president.
Even more ridiculous was that the penalty was to be payable within 2 hours and if not, she’d have to spend 4 years in prison.
In giving its judgment, the ECOWAS court declared that the Gambian government had violated the rights of the Defendant and directed her to immediately repeal and/or amend the relevant laws in line with its obligations under the African Charter on Human and Peoples Rights, the International Convention on Civil and Political Rights, the ECOWAS revised treaty and other international instruments.
This laudable judgment has been described as a landmark one which restored hope to press freedom in the Gambia, providing justice and respect for the rights of the Gambian people, especially the journalist.
However, on the 9th of May 2018, the Supreme Court of Gambia declared that although criminal defamation and false publication are unconstitutional, sedition is only partially unconstitutional.
That is, that Sedition still validly exists as an offense only when said speech is made against the President. Why this was declared by the Supreme Court of a nation that subscribes to democracy is beyond comprehension.
In addition to this declaration being overtly against the order made by the ECOWAS court in FAJ v. The Gambia, it also negates other components of the principle of democracy.
Democracy shows no favoritism for a single elected representative without any democratically sound reason. Democracy favors the good of the people over the interests of the government; whether as a whole or for an individual politician.
The rule of law, a component of democracy, requires that the law is to govern above all persons and no one is to be above the law. The question therefore is: If it isn’t constitutional for sedition to exist as a crime against the government, why then should it be constitutional for it to exist against the President?
Above all of these, a major reason why this ruling by the Supreme Court of Gambia is anti-democratic is that by going against the express Order of a superior court, it is has placed itself in opposition to the democratic mechanism of checks and balances.
By virtue of Article 5(3) of the ECOWAS Revised Treaty, each Member State undertakes to honor its obligations under the treaty. Article 15(4) more directly states that the judgments of the ECOWAS court are binding on the Member States.
The Gambia (which includes the judiciary) cannot claim that it has absolute powers to make decisions as it deems fit over the Gambia people as it has ceded some of those powers to the ECOWAS court and must comply when such ceded powers are exercised.
The ECOWAS Court addressing this issue in Musa Saidykhan vs. The Republic of The Gambia said:
“ECOWAS is a supranational authority created by the Member States wherein they expressly ceded some of their sovereign powers to ECOWAS to act in their common interest.
“Therefore, in respect of those areas where the Member States have ceded part of their sovereign powers to ECOWAS, the rules made by ECOWAS supersede rules made by the individual Member States if they are inconsistent …
“Therefore, it is untenable for the Member State of ECOWAS to claim that a matter is essentially within its domestic jurisdiction when it had expressly or by necessary implication granted ECOWAS powers to act solely or concurrently with national jurisdiction in respect of that matter”
The Republic of Gambia is therefore called upon to do the right thing; to entirely comply with the order by the ECOWAS court by ruling Sedition as fully unconstitutional – both regarding the government and the President.
Commercial banks in Nigeria closed 2.021 million bank accounts in the first quarter of 2024, Q1’24, to clean their books of questionable accounts and comply with regulatory orders on the linkage of bank accounts to the National Identity Number (NIN).
This is contained in a report by the Nigerian Interbank Settlement System (NIBSS), which also indicated that the number of inactive bank accounts grew month-on-month, MoM, by four million or 2.0 per cent to 19.7 million in March 2024 from 19.3 million in the previous month, February.
A bank account is classified inactive when it records zero transactions including deposits, withdrawals, transfers or point-of-sale transactions for six months.
However, details of the “Industry Bank Account Database”, a monthly data reported by banks, and compiled by the Nigerian Interbank Settlement System, NIBSS, also indicated that the number of active bank accounts grew by 6.62 million or 3.0 per cent to 219.64 million from 213.02 million in February.
Recall that in December 2023, the CBN issued a directive to all commercial banks in the country to restrict tier-1 accounts without proper Biometric Verification Number (BVN), and National Identity Number, NIN, that are not linked by Thursday, March 1st, 2024.
According to NIBSS data on BVN enrollment count, 61.6 million Nigerians have BVN as of April 2024.
Credit: Vanguard
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Dubai-Based Citizenship Firm Imperial Citizenship Expands to Lagos, Targets Africa’s Growing Wealth
Imperial Citizenship, a Dubai-based firm specialising in Citizenship and Residency by Investment (CRBI) solutions, has set its sights on Africa’s burgeoning wealth with the launch of a new office in Lagos, Nigeria.
This strategic move positions Imperial Citizenship to capitalise on the continent’s growing population of high net worth individuals (HNWIs) seeking international investment and mobility options.
Imperial Citizenship boasts a proven track record of success, having secured over 2,000 approvals for clients seeking alternative citizenship and residency pathways. Their partnerships with over 15 governments worldwide provide a diverse portfolio of investment opportunities that adhere to strict international regulations.
With its Lagos launch, Imperial Citizenship begins its foray into Africa. The continent boasts a burgeoning HNWI population, according to PwC, presenting a lucrative market for investment firms like Imperial Citizenship.
According to the World Bank, African economies are projected to grow by 3.4 % in 2024 as the African Development Bank Africa has reported that Africa will account for eleven of the world’s 20 fastest-growing economies in 2024. Highlighting the market’s potential, Mr. Zaid Al Hindi, Founder and CEO of Imperial Citizenship, says, “our expansion into Lagos allows us to directly cater to this affluent segment, offering them strategic solutions for global asset diversification, optimised investment opportunities, and enhanced global mobility.”
“At Imperial Citizenship, we do not operate through intermediaries, as we differentiate ourselves through direct government partnerships. This ensures transparency, legality, and efficiency throughout the application process, providing peace of mind for investment-minded clients” Zaid stated during the launch event in Lagos.
Speaking on the company’s approach to CRBI, Zaid mentioned, “At Imperial Citizenship, we prioritise a client-centric approach. We go beyond simply offering programs; we provide dedicated advisors who understand the unique needs and aspirations of each client. This personalised service ensures clients receive tailored investment options that align with their financial goals and risk tolerance”.
The launch of the Lagos office underscores Imperial Citizenship’s commitment to global expansion. With physical offices in Dubai and now Nigeria as well as operational representatives in Mexico, Algeria, and Turkey, Imperial Citizenship demonstrates its ability to cater to a geographically diverse clientele.
Looking ahead, Zaid highlighted that Imperial Citizenship plans to broaden its service offerings and expand its reach into new markets. By strategically targeting Africa’s rising wealth, Imperial Citizenship is well-positioned to solidify its role as a leading player in the CRBI industry, offering investors a gateway to global opportunities.
In a recent gathering, organized by 234Finance, key stakeholders and HNIs came together to discuss the theme “Fueling Progress in the South East.”
The conversation highlighted the rich heritage, entrepreneurial spirit, opportunities for growth and the potential of the South East to be economic powerhouse.
During the discussion, the Managing Partner of 234Finance, Ezinne Nwazulu unveiled plans for an upcoming event of significant impact: the 4-week intensive SME Bootcamp and Mentor Matchup Challenge South East edition designed to empower SMEs. The program aims to empower SMEs with the knowledge, tools, and capital for rapid expansion and global competitiveness.
This initiative is building on the success of previous Mentor Matchup Challenge events, which equipped SMEs with actionable strategies and one-on-one mentorship, resulting in winners of the pitching competition securing grant funding to scale their businesses by 4x-10x.
The SME Bootcamp will feature an array of activities, including physical and virtual training sessions, onsite industrial training, and a pitching competition.
Ezinne Nwazulu emphasized the rigorous selection process, where the top 100 applicants meeting the criteria will undergo intensive training at two training centres in Abia and Anambra. From there, the most promising 15 participants will have the opportunity to pitch their business for grant funding.
Dr Chima Anyaso, Chairman of Caades Group, expressed his commitment to the region’s development and encouraged entrepreneurs with innovative crafts to seize this opportunity.
Criteria for selection are uncompromising, emphasizing technical expertise in core sectors; Agribusiness, Manufacturing, Supply Chain & Logistics, Fashion & Textile, and Retail, with a particular focus on businesses operating within the South-East region for at least three years and significant growth potential of 4x-10x.
The Bootcamp is set to commence from May 14 to June 14 2024 with Southeast-based entrepreneurs encouraged to visit the 234finance bootcamp to apply.
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