Following the recent demolition of houses in Sukuta-Salagi, senior Gambian lawyer Lamin J Darboe has urged President Adama Barrow to establish a commission to investigate the entire crisis, addressing issues from the ‘unlawful’ acquisition of land by the government to the actions of officials at the ministry of lands.
His call resonated with the public’s feelings following the demolition of numerous homes in Salagi by officials from the Department of Physical Planning, who were under heavy security escort, resulting in countless families being left homeless. Officials contended that the demolished houses had encroached upon reserved government land; however, numerous victims presented sketched plans and building permits allegedly issued by the same department.
During an appearance on The Brunch on Kerr Fatou on Saturday, Lawyer J Darboe stated that the government’s decision to demolish the houses is entirely incorrect from both legal and moral perspectives.
“The government lacks the mandate and authority to intervene in that area of Salagi, as the lands were never acquired in accordance with the law from the traditional owners.” I have participated in numerous land cases in Salagi. The history can be traced back to the time when the Kabilo members of Sukuta-Kenebaring communicated with the IGP and the Minister for the Interior to report the theft of their land by government officials. Mr. Darboe stated, “The government responded by establishing a panel overseen by the IGP and the ministry of lands in 2019.”
He alleged that at the conclusion of that panel’s inquiry, they declined to share the report with the Kabilo, prompting him to write to the IGP in 2022, threatening legal action if they did not produce the report within seven days, a demand he claimed was ignored.
“Eventually, I received the report, which confirmed that the government did not properly acquire the land from the members of the Kabilo of Kenebaring in Sukuta. Ironically, the report went on to recommend that those members of the Kabilo who protested should be prosecuted for trespass.” “Observe this reckless conduct,” Darboe asserted.
Counsel Darboe clarified that the law requires the government to legally obtain land from its owners and provide them with fair compensation prior to appropriating their lands for public use. “The procedures were disregarded, resulting in numerous lands that were inaccurately designated for public use being acquired by senior government officials, who then utilised them as private residences.”
He elaborated that there is a chance President Barrow may be receiving misguided information regarding these excesses from his legal advisers and technicians at the ministry of lands.
“If I were in his position, I would thoroughly investigate the situation, ensuring that no one could deceive me.” The law requires that the government must first obtain land before taking any action regarding it. Although section 22 of the constitution allows the government to forcibly acquire land, this provision is strictly limited to public use and does not extend to private use. However, he contended that a significant portion of these lands has been appropriated by high-ranking government officials for personal benefit at Salagi.
The senior lawyer categorically rejected assertions that the lands are designated for purposes such as cemeteries, schools, fire stations, and police stations, labelling them as “utter fabrications concocted by the ministry of lands along with its technical department and physical planning.”
He claimed that certain lands purportedly reserved for institutions such as Gamtel are not even recognised by the officials of those institutions, and in many instances, these lands have been sold by the officials themselves.
“Even if those institutions [Nawec and Gamtel] are aware, the land must first be properly acquired from its owners before it can be utilised for public purposes.” Government employees involved in this encountered a challenging situation. They sold the lands and deceived the government. If the president seeks to reveal the truth, it is essential to establish a commission and guarantee that those impacted receive proper compensation, as this situation is indeed a travesty. This is an injustice. “Everything is based on deception and falsehoods,” the lawyer asserted.
