Gambia: ECOWAS acknowledges the illegal detention of Chief Manneh

In a landmark decision delivered on June 5, 2008, The Community Court of Justice of the Economic Community of West African States (ECOWAS) in Abuja, Nigeria declared the arrest and detention of Chief Ebrima Manneh illegal and ordered the Gambian authorities to immediately release him.

By this decision the ECOWAS court dismisses the claims from the Gambian side that Manneh was never in their custody.

The court ruled that the three judges presiding over the case also awarded damages in the sum of US$ 100,000 in favour of Manneh against the Gambian government.

The ECOWAS court stated that it “has found that the applicant [Manneh] was arrested on July 11, 2006 by the Police Force of The Gambia and has since been detained incommunicado, and without being charged”.

The court therefore ordered “that the Republic of the Gambia releases Chief Ebrima Manneh from unlawful detention without any further delay” and that “the Republic of The Gambia pay the plaintiff the sum of US$ 100,000 as damages”.

Manneh, a former reporter of the pro-government Banjul-based Daily Observer newspaper was arrested at the Daily Observer premises in the presence of his colleagues. He has since been sighted several times in the custody of state security personnel.

The regime of President Yahya Jammeh has consistently denied any knowledge of the whereabouts of the journalist, and has demonstrated gross disrespect for the ECOWAS court by refusing to appear throughout the proceedings. The judgement was therefore given without the testimonies of five state agents who failed to make an appearance before the court on March 11, 2008.

The testimonies of the three plaintiff witnesses, two Gambian journalists and Professor Kwame Karikari from MFWA, were consequently left uncontested.

A complaint was filed on behalf of Manneh by MFWA in June, 2007. The MFWA’s was represented by a member of its Legal Defence Network, namely, a Nigerian prominent human rights lawyer, Femi Falana

The complaint was filed to compel the Government of The Gambia to produce Manneh and to answer for his arrest and subsequent disappearance.

MFWA welcomes this decision by the ECOWAS court. We therefore call on The Gambia to respect and enforce the judgement in accordance with laid down procedures.

We also on other human rights advocacy organisations to demand of The Gambia government to adhere to the court’s decision.

Prof. Kwame Karikari
Executive Director
MFWA
Accra
Tel: 233 21 24 24 70
Fax : 233 21 221084