PROGRESS Leader Amadou Jaiteh Warns of Democratic Backsliding in Bojang Case

Written by: Alieu Jallow

The leader of The People’s Reformist Organization for Growth, Renewal, Equity, Security and Social Justice (PROGRESS), Amadou Jaiteh, has warned that recent developments in the Ousainou Bojang case risk undermining The Gambia’s democratic foundations.

Jaiteh, an international lawyer and former legal adviser at The Gambia’s Mission to the United Nations in New York, said the events of the past 48 hours go beyond a routine legal dispute and raise serious questions about respect for judicial authority and the rule of law.

A High Court had acquitted and discharged Bojang and his sister in connection with a fatal police shooting case, after ruling that the prosecution failed to prove its case beyond reasonable doubt. Under normal constitutional practice, such a judgment would bring the matter to a close, subject only to lawful appeal processes.

However, their re-arrest and detention shortly after their release, before any higher court ruling on the State’s intended appeal or application for a stay, has triggered widespread concern.

Jaiteh said the key issue is not whether the State has the right to appeal, which he acknowledged it does, but whether it can act in a way that appears to disregard a valid court order while that appeal is still pending.

“If that becomes acceptable, then the implications are profound,” he said, questioning what judicial decisions would mean in a system where they can be bypassed without consequence.

According to him, such actions risk reducing the judiciary to a symbolic institution rather than an independent arm of government. He warned that any state that operates outside the authority of its courts moves away from the rule of law and towards discretionary governance.

Jaiteh described the situation as a classic sign of democratic backsliding, one that happens gradually through repeated disregard for legal safeguards rather than a sudden collapse of institutions.

“This is how democratic backsliding begins,” he said, pointing to a pattern where court orders are ignored, due process is weakened, and exceptions become normalised over time.

He added that the implications go beyond the Bojang case, arguing that each instance of disregarding judicial authority erodes public confidence in the justice system and sends a message that citizens’ rights may not be guaranteed.

“Today, it is Ousainou Bojang. Tomorrow, it could be any Gambian,” he cautioned.

Referencing PROGRESS’s governance framework, Jaiteh stressed the need for a people-centred and accountable system grounded in strong, independent institutions rather than individuals.

He said institutions must be respected and allowed to function independently, not treated as obstacles to be bypassed.

Jaiteh added that public reaction to the case reflects growing concern that the country’s democratic safeguards are being tested in real time.

He called on the government to recognise the seriousness of the situation, insisting that compliance with court orders is fundamental.

“If there were legal grounds for further action, they should have been pursued strictly within the framework of the law, not in a manner that appears to override it,” he said.

Drawing on The Gambia’s past, Jaiteh said the country’s history with weakened institutions should serve as a warning.

“This is not simply about one case. It is about the principle that no one, not even the State, is above the law, and whether we, as a nation, are willing to defend that principle when it matters most,” he concluded.