The National Human Rights Commission (NHRC) has warned the police authorities that their failure to either charge or prosecute Police Commissioner Lamin Banda after 20 months of suspension constitutes a violation of his human rights.
Commissioner Banda, who oversees the Lower River Region, was arrested, placed on bail, and suspended on half salary in 2023 over an alleged involvement in a scrap metal theft. Banda, who denies any wrongdoing, has yet to be formally charged or prosecuted. He has filed multiple complaints seeking justice.
On May 7, 2024, the NHRC informed the Inspector General of Police (IGP) that they had received a complaint from Banda, claiming that he was wrongfully accused of partiality in a land dispute between Sankandi village and Nioro Jattaba. Additionally, he was accused of deploying officers to prevent eligible Gambian voters in Casamance from entering the Gambia to vote in the 2023 local elections. Banda denied these accusations during a private meeting with President Adama Barrow.
According to the NHRC, Banda was later instructed by senior police officers to prepare a handover note to Deputy Commissioner of Police Ken Mendy. Upon reporting to police headquarters, he was arrested, detained for questioning, and then granted bail. On June 22, 2023, he was suspended on half salary pending the outcome of the investigation.
The NHRC expressed concern that, a year after his arrest and suspension, Banda has not been charged or brought to court, violating his constitutional right to a fair trial. The commission urged the IGP to either restore Banda’s rights or take the matter to court.
In a response from the IGP’s office dated May 16, 2024, police authorities explained that Banda was under investigation for alleged theft involving a Nigerian national and the Mansa Konko Police Station. The case file was forwarded to the Attorney General’s Chambers in June 2023 for legal advice. However, the AG’s Chambers requested further details on the value of the stolen metal, which was provided in January 2024. The police are awaiting legal advice.
Despite this, the NHRC raised further concerns in a letter dated June 27, 2024, about the slow pace of the investigation and prosecution. Banda also complained that his passport was seized by the police, despite this not being part of his bail conditions. The NHRC stressed that while police officers can be suspended for investigations, such suspensions should not be indefinite, and the continuous suspension of Banda without charges may be a violation of his rights.
In a follow-up letter sent on November 14, 2024, the NHRC again requested an update from the IGP on the case.
The scrap metal in question, valued at D56,000 by the Ferry Services, was allegedly meant to support a housing project for the Police Intervention Unit (PIU) that Banda was overseeing. Banda clarified that the metal was not for his personal gain, and he had not received any monetary benefit from it.
Banda, who holds a master’s degree from Oxford Brookes University, described the prolonged suspension and the lack of a court hearing as traumatic, causing significant harm to his reputation and his family’s well-being.
