Gambiaj.com – (BANJUL, The Gambia) – The National Human Rights Commission (NHRC) has confirmed that it has launched an investigation into complaints filed over recent statements attributed to Commissioner Imam Baba Leigh as public calls for his removal continue to grow.
In a statement signed by NHRC Chairperson Emmanuel Daniel Joof, the Commission said it had taken note of widespread concerns regarding the statements, particularly allegations that they amounted to tribalism, hate speech, discrimination, and intolerance.
According to the Commission, several individual complaints have now been formally submitted and acknowledged, with the matter referred to its Directorate of Legal and Investigation (DLI) for examination.
The Directorate is expected to assess the statements, the circumstances, and the context in which they were made, as well as other relevant issues surrounding the controversy. The investigation will also involve engaging Commissioner Leigh and other persons considered relevant to the inquiry.
Once its work is completed, the DLI will submit its findings, legal opinion, and recommendations to the Commission for consideration.
The NHRC said it would not make a substantive determination while the investigation remains ongoing, stressing that doing so could amount to prejudging a matter that is now subject to a formal complaint process.
“The Commission believes that it would be inappropriate to prejudge the matter, particularly when complaints have been formally lodged and the Commission’s own investigative process is underway,” the statement said.
Leigh Was Not Speaking for NHRC
The Commission also clarified that Commissioner Leigh was on annual leave when the statements were made and was neither representing the NHRC nor speaking in an official capacity.
The remarks sparked a public backlash and renewed debate over tribalism and hate speech in The Gambia.
Leigh subsequently issued a statement explaining the context of his remarks and maintained that he had spoken in his personal capacity. He later apologized in the local language to members of the Mandinka community and others who felt offended by his comments.
The NHRC said it had taken note of both his explanation and apology but stressed that the adequacy of the apology and whether further action may be warranted would be determined through the outcome of the investigation.
Removal Cannot Be Based on Public Pressure
Addressing growing calls for Leigh’s removal from the Commission, the NHRC said such a decision could not simply be made by the Chairperson or in response to public pressure.
It said the appointment, tenure, and removal of Commissioners are governed by the NHRC Act and other applicable legal frameworks, meaning that any attempt to remove a Commissioner must follow the procedures prescribed by law.
The Commission stressed that this legal requirement should not be interpreted as an effort to shield Commissioner Leigh from accountability.
“The best protection against impunity is a fair, independent, and lawful process that establishes the facts and allows the appropriate institution to make a determination based on evidence and the law,” the NHRC said.
The Commission further reaffirmed what it described as its zero-tolerance position towards hate speech, tribalism, religious intolerance, and discrimination, regardless of who makes such statements or which community is affected.
It pointed to its previous work on combating hate speech, including a published study, engagements with political parties and other stakeholders, and national advocacy campaigns aimed at promoting tolerance, peaceful coexistence, and social cohesion.
The NHRC urged the public to allow the investigation to run its course, assuring citizens that the absence of an immediate public determination should not be interpreted as inaction.
“Investigating a complaint, establishing the facts, and following due process are themselves essential parts of the pursuit of accountability and justice,” the Commission said.
The NHRC said it would consider the findings and recommendations of its Directorate of Legal and Investigation once the inquiry is completed and take any action within its mandate that is justified by the facts and the law.
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