FactCheck: Did Fatoumatta Njai Win High Court Case Against PPP?
Hon Fatoumatta Njai in yellow (Photo by © GPN)
By Yusef Taylor, @FlexDan_YT
Claim: “Expelled Touma Njai wins case against PPP“: Fatoumatta Njai alias Touma Njai has won a landmark case against her political party (PPP) as the court held that the expulsion from the party was null and void.
Source: Foroyaa Newspaper
Verdict: MISLEADING
A screengrab of the Foroyaa Newspaper story
On December 10, 2024, the Foroyaa Newspaper reported the following story with the headline: “Expelled Touma Njai wins case against PPP” and a lead that reads, “Fatoumatta Njai alias Touma Njai has won a landmark case against her political party (PPP) as the court held that the expulsion from the party was null and void.”
A version of the story was also published on Facebook on the 8th of December, with one Facebook user asking, "But did she get all what she asked for?” The post attracted at least 10 shares as of 23 December; 36 comments; and 157 reactions in the forms of likes.
The story was picked up by at least three major news agregation online platforms, like All Africa, which aggregates news and information from over 100 African news organizations; The Free Library; and One News Page.
Fact-Check: Our reporter managed to get the Civil Suit No. HC/317/21/MF/099/F7, which details the Judgement on the case in question.
According to the Judgement, on 27th May 2021, Hon. Fatoumatta Njai filed a lawsuit against the People’s Progressive Party (PPP), Kebba Jallow, the elected leader of the PPP, and the Independent Electoral Commission (IEC), seeking nine (9) different reliefs as listed below:
1. A declaration that the Applicant [Fatoumatta Njai is] a bonafide member of the People’s Progressive Party.
2. A declaration that the [Applicant’s] dismissal from the PPP is null and void and of no effect.
3. A declaration that the congress held by the PPP was null and void for want of [compliance] with the PPP Constitution.
4. A declaration that the election of a new Executive at the congress held at Brikamaba was in contravention of the PPP’s Constitution and thus null and void.
5. A permanent or perpetual injunction restraining the 2nd Respondent (Kebba Jallow) from parading himself as the party leader of the PPP pending the hearing and determination of this suit.
6. An order that the Applicant maintain her seat as a National Assembly Member of the PPP pending the hearing and determination of the suit.
7. An order setting aside the election result of the PPP congress for being fraudulent and unlawful.
8. An order directing that a new congress be held under the supervision of the 3rd Respondent (IEC) and in accordance with the PPP’s Constitution.
9. Any further or other order this court deems fit to make.
According to the conclusion segment of the Judgement issued by Hon Justice G. A. Kwabeng, “the Applicant [Hon Fatoumatta Njai] has failed to effectively discharge the legal and evidential burdens of proof placed on her under Sections 141, 142, and 143 of the Evidence Act 1994 CAP 6:06 as far as reliefs 3, 4, 5, 7, and 8 of the originating Summons dated and filed on 27th May 2021 are concerned”.
A declaration that the congress held by the PPP was null and void for want of [compliance] with the PPP Constitution.
A declaration that the election of new Executive at the congress held in Brikamaba was in contravention of the PPP’s Constitution and thus null and void.
A permanent or perpetual injunction restraining the 2nd Respondent (Kebba Jallow) from parading himself as the party leader of the PPP pending the hearing and determination of this suit.
An order setting aside the election result of the PPP congress for being fraudulent and unlawful.
An order directing that a new congress be held under the supervision of the 3rd Respondent (IEC) and in accordance with the PPP’s Constitution.
This means that Hon Fatoumatta Njai lost five of the nine reliefs sought from the courts. In addition to this, the 9th Order is also lost because Justice Kwabeng noted that “I make no order as to cost given the special circumstances of this case and to foster a harmonious between the parties.”
On the other hand, “reliefs 1, 2 and 6 of the said summons, the Applicant has proven her case compellingly and conclusively to the standard required by law. Having effectively discharged the legal and evidential burdens of proof imposed on her by law, I hold that the Applicant is entitled to same”.
The only three reliefs granted out of the nine won by Hon Fatoumatta Njai are thus:
That the Applicant is a bona fide member of the People’s Progressive Party;
That the Applicant’s expulsion or dismissal from the People’s Progressive Party is null and void and of no effect; and
…that the Applicant maintain her seat as a National Assembly
Member of the PPP upon the hearing and determination of this present suit on its merits.
These facts, as contained in the Court Judgement, were accurately captured in a 7th December 2024 story by Askanwi: “Hon Touma [Njai] Maintains Seat, But Loses Injunction Against Kebba Jallow’s PPP Leadership”.
Verdict: Based on our research, the headline of the story published by Foroyaa Newspaper, “Expelled Touma Njai Wins Case Against PPP," and its lead and angling are focused on the three reliefs won by Hon. Njai and on the historical context of the case. The 1,823-word story also burries the six other reliefs that Hon. Njai lost to the final paragraph.
Therefore, the headline of the story published by the Foroyaa newspaper is MISLEADING.
This FactCheck was first published by FactCheckGambia.org in the link: https://factcheckgambia.org/fact-check-did-fatoumatta-njai-win-high-court-case-against-ppp/
