Alhaji Mamadi Kurang, the former executive secretary of the Janneh Commission, is the target of a defamation case brought by Amie Bensouda, one of the top legal professionals in The Gambia and a former senior counsel to the commission. The action, which was filed with the Bakau High Court, asks for significant compensation for remarks that were thought to be disparaging to Bensouda’s reputation in the workplace.
Antouman A.B. Gaye & Co. filed the lawsuit on Monday on Bensouda’s behalf before Hon. Justice Adenike J. Coker. It comes after Kurang was ordered to retract and apologize in a cease and desist letter earlier this year for remarks she made in public, many of which were posted on social media, criticizing Bensouda’s actions while she was employed by the commission.
Kurang was cautioned in the letter by Bensouda’s legal team that his comments had seriously damaged her “national and international reputation” and that if he didn’t comply within seven days, he might face legal action for up to D144 million (about USD $2.4 million) in damages. All allegedly defamatory content had to be permanently removed, and a complete retraction and apology had to be published.
Kurang has denied the accusations and put up a strong defense, which includes a countersuit for defamation. Kurang has brought his own lawsuit against Ms. Combeh Gaye, a partner in Bensouda’s legal practice, on behalf of A.J. Njie & Associates. He is requesting a public apology and D200 million in damages for what he claims were defamatory remarks made about him in the cease and desist order dated May 16, where he was accused of being a “fraud.”
Kurang argues that his comments about Bensouda’s participation in the Janneh Commission qualified as constitutionally protected speech on issues of public interest. His legal team contends that Bensouda’s behavior is subject to reasonable examination and criticism because of her well-known public position.
In a statement, Mr. Kurang’s attorneys stated that his remarks were factual, made in good faith, and intended to promote openness and public accountability. They further stated that Bensouda’s legal team’s warning letter contained defamatory remarks that hurt his reputation both personally and professionally.
Kurang’s attorneys acknowledged as of Monday afternoon that Bensouda’s camp had not yet formally served them with the court documents.
Two important players in The Gambia’s post-authoritarian transitional justice system are at odds in this court battle. The Janneh Commission, which was set up in 2017 to look into financial mismanagement during the administration of former President Yahya Jammeh, relied heavily on both.
The two cases now set the setting for a high-profile legal struggle that will have wider ramifications for public accountability, free expression, and the legacy of one of the most important truth-seeking organizations in the nation.
