Misa And MFWA Call for Reopening of Citizen FM Radio Station

Media Institute of Southern Africa (Windhoek)
PRESS RELEASE
August 27, 2003
Posted to the web September 8, 2003


MISA and the MFWA are gravely concerned about the continued illegal and
arbitrary closure of Citizen FM radio station in Banjul, The Gambia.

For more than two years, the government of President Yahya Jammeh has
stopped Citizen FM from broadcasting on a false claim that the station's
owner, Baboucar M. Gaye, has not paid his taxes and licence fees. MISA and
MFWA believe this accusation to be a blatant fabrication. Citizen FM has
not been charged in court, nor has it been ordered by any court to cease
broadcasting based on the authorities' accusations.

It appears the President's Office has determined to stop this particular
station for motives that are unclear. Citizen FM and its owner have been
harassed and attacked with impunity since the station was established.

BACKGROUND: More than five years ago, armed security personnel raided and
forcibly shut down Citizen FM radio station.

On 5 February 1998, Citizen FM owner Gaye was arrested, together with his
news editor, Ebrima Sillah, and detained for several days at the National
Intelligence Agency (NIA) in Banjul.

A news item broadcast on the station the previous night reportedly
implicated an NIA officer, Lamin Jobarteh, in an alleged counterfeit
scandal. Jobarteh exercised his constitutional right to a rejoinder and his
reaction was given the requisite publicity on radio and in print.

Two days later, however, on 7 February 1998, the station was forcibly shut
down and armed guards were stationed on the premises. Gaye was charged
under a 1913 telegraphic law for allegedly operating a radio station
without a valid licence, a charge he denied. The 1913 act is an archaic
colonial law that was passed before radio broadcasting was invented.

On 28 August 1998, a magistrate court ruled that the station and its
equipment be forfeited to the state.

On 17 April 2000, after two years of protracted litigation, a high court in
Banjul heard Gaye's appeal. Justice Wallace Grante quashed the earlier
ruling by the Magistrate Court and ordered the inspector general of police
to return the station's equipment within seven days. According to Justice
Grant, Gaye was convicted under a "colonial legal relic" that, measured
against The Gambia's current legal system, was "not known in law."

Following the court ruling, the station resumed operation for a brief
period, but was shut down again by security operatives on the allegation of
non-payment of taxes. Gaye has denied this accusation and has proof of
compliance with the regulations.

The refusal of The Gambia's authorities to comply with the high court
ruling is a worrying testament to the intolerant and authoritarian stance
of President Jammeh's government. It is a threat to media freedom and
freedom of expression in The Gambia.

MISA and the MFWA call on the government of President Jammeh to demonstrate
respect for the rule of law and media freedom in The Gambia by ensuring
that Citizen FM is allowed to return to the airwaves without further delay.

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