ACHPR PRESS STATEMENT ON RECENT PROTESTS AND THE RE-ARREST OF OUSAINOU BOJANG AND AMIE BOJANG IN THE REPUBLIC OF THE GAMBIA FOLLOWING THEIR ACQUITTAL AND DISCHARGE BY THE HIGH COURT
2 April 2026 | Banjul, The Gambia
The African Commission on Human and Peoples’ Rights (ACHPR), through its Country Rapporteur for the human rights situation in the Republic of The Gambia, Hon. Commissioner Dr. Litha Musyimi-Ogana, notes with concern recent developments relating to the re-arrest of Mr. Ousainou Bojang and his sister, Ms. Amie Bojang following their acquittal and discharge by the High Court, the subsequent public demonstrations, and the response of law enforcement authorities, while further taking note of their subsequent release.
According to information received, Mr. Ousainou Bojang and his sister, Ms. Amie Bojang were acquitted by the High Court due to insufficient evidence in connection with the 2023 Sukuta-Jabang police shooting incident. However, shortly after the judgment, the siblings were reportedly re-arrested in the context of an appeal process initiated by the State. These developments prompted public protests, during which law enforcement officials reportedly used tear gas to disperse demonstrators. The Country Rapporteur notes that the concerned individuals have since been released, which constitutes a positive development.
The Country Rapporteur recalls that the Republic of The Gambia, as a State Party to the African Charter on Human and Peoples’ Rights, has binding obligations to respect, protect and fulfil the rights guaranteed therein. Article 6 of the Charter guarantees the right to liberty and security of the person and prohibits arbitrary arrest and detention, while Article 7 protects the right to a fair trial, including respect for judicial decisions and due process. In this regard, the re-arrest of individuals following acquittal raises concerns regarding legal certainty, respect for judicial authority, and the need to ensure that any deprivation of liberty is strictly lawful, necessary, and subject to judicial oversight.
The Country Rapporteur further recalls that Article 11 of the Charter guarantees the right to freedom of assembly. While this right may be subject to lawful restrictions, any measures taken to regulate assemblies must comply with the principles of legality, necessity, and proportionality. The reported use of tear gas to disperse protesters underscores the importance of ensuring that law enforcement responses are measured, proportionate, and consistent with applicable regional and international standards on the use of force.
In light of the foregoing, the African Commission calls upon the Government of the Republic of The Gambia to ensure that all actions taken in relation to this matter are fully consistent with its obligations under the African Charter and other applicable human rights instruments. The Commission urges the authorities to guarantee that any further proceedings arising from the appeal process fully respect due process guarantees and judicial independence, and that any restrictions on liberty are lawful, justified, and subject to effective judicial control.
The Commission further calls for prompt, impartial, and transparent investigations into the reported use of force during the demonstrations, with a view to ensuring accountability where necessary. It also encourages the authorities to continue engaging constructively with civil society and the public to address concerns arising from this matter and to reinforce confidence in the administration of justice.
The African Commission reiterates its commitment to supporting the Republic of The Gambia in the promotion and protection of human and peoples’ rights and calls on all stakeholders to act in a manner that upholds the rule of law, respects human rights, and contributes to peace, stability, and democratic governance in the country.
Hon. Commissioner Dr. Litha Musymi-Ogana
African Commission on Human and Peoples’ Rights
