Why Was There No Arrest or Prosecution During Gamcel’s Staff Protest in January 2025, Which Mirrors the Recent Joint CSO Protest at PURA’s Gate?
By Edward Francis Dalliah
In January 2025, concerned Gamtel/Gamcel staff staged a peaceful protest outside their office in Westfield, citing months of delayed salary payments and other internal grievances. Despite the visible nature of the protest, which the media covered, not a single police officer was deployed to the scene, and no arrests or prosecutions followed. The assembly concluded without incident, and the staff returned to work after airing their demands.
However, in stark contrast, on 22nd August 2025, the Gambia Police Force arrested and detained 19 individuals participating in a peaceful demonstration in front of the Public Utilities Regulatory Authority (PURA), a protest that involved no procession. And on Monday, 25th August, they were arraigned and charged under Section 5 of the Public Order Act, which governs the control of public processions.
These individuals, representing a coalition of civil society organizations (CSOs), were demanding that PURA rescind its directive establishing a price floor of D50 for 1GB on data tariffs for GMS companies. The protesters argued that the decision affects ordinary Gambians while benefiting the companies.
Their call echoes the same call made by the Gambia Competition and Consumer Protection Commission. In a press statement the Commission stated that they “believe that the introduction of price [floor] regulation will prevent consumers from benefiting from unfettered competition. Such regulatory interventions risk undermining the gains of open market rivalry, where businesses compete on price, quality, and service innovation to the benefit of consumers.”
In light of this, they “strongly condemn the price regulation and call on the regulatory authority to rescind this policy in favor of approaches that promote both affordable pricing and quality improvement.”
Despite these concerns, 19 protesters who were assembled at the gate of PURA with their petition calling for the directive to be rescinded were arrested, and four more were added to that list of arrests on the next day. All now face charges at the Kanifing Magistrates' Court.
To further complicate matters, when defence lawyers applied for bail during the court hearing on Monday, 25th August 2025, Magistrate Thomas Touray suspended the request, resulting in all accused being remanded at Mile Two Central Prison until 4th September 2025 for the next court hearing.
This stark difference in the response of the government has sparked widespread concern and debate, raising a critical question: why were the Gamcel staff not arrested nor prosecuted, while the CSO-led protest was swiftly met with arrests and legal charges? Is the law being applied selectively? Or does the nature of the institution being protested against determine the state's response?
The situation points to a troubling inconsistency in the enforcement of the Public Order Act, most especially where the individuals who assembled were not processing. If such peaceful assemblies are subject to arrest and prosecution in one instance but not in another, with nearly identical characteristics, it suggests a double standard that undermines public trust in the impartiality of law enforcement.
Moreover, the decision to deny bail in a case involving nonviolent protestors raises additional concerns about the judicial approach to dissent and civil liberties. At a time when public confidence in state institutions like the judiciary and the security is fragile, these actions risk deepening the disconnect between citizens and the justice system.
If The Gambia is to uphold the democratic principles it claims to stand for, then the rules must be applied equally and fairly to all. Otherwise, the legitimacy of the legal institutions and the security will continue to erode in the eyes of the very citizens they are meant to serve.
