By Yankuba Jallow
Four residents of Kerr Mot Ali living in exile have written to both the Police Commissioner and Governor of the Central River Region (CRR) concerning alleged trespass over their lands and properties they left behind in the Gambia.
Kerr Mot Ali is located in Upper Saloum District. The letters were dated 3 January 2025.
The residents were forced to go on exile by paramilitary personnel for their religious beliefs. This happened in 2009 following the demise of Sering Ndigal, whose preachings and teachings are viewed by some as controversial and contrary to the dictates of Islam. The Gambian Constitution guarantees the right to practice and manifest their religious beliefs. The high court in October 2017 passed a judgement declaring that the Ndigal followers have the right to return to the country. Since 2017 to date, they remain in exile and are still pushing for their return to the country. The report of the Truth, Reconciliation and Reparations Commission recommended for the full enforcement of the high court judgement. The Government accepted the recommendation of the TRRC with respect to Kerr Mot Ali. They still remain in exile. Now, they are complaining that their lands and properties are being encroached upon and have written to the Governor and the Police to take steps to stop the alleged trespass over their land.
The lead petitioner was Muhamadou Basirou Secka, the son of the late religious leader, Sering Ndigal. The other petitioners were Mam Jibel Secka (property owner), Assan Secka, former alkali of Kerr Mot Ali 1999- 2009 (deceased) represented by his daughter Kumba Secka and Mod Fatou Secka(deceased) represented by Mustapha Secka (son). They wrote on behalf of the exiled residents of Kerr Mot Ali.
The residents want the police to investigate the complaint of trespass over their land they left behind before they were chased out of the country by the paramilitary in 2009.
The people of Kerr Mot Ali are victims of forced exiled, according to the report of the Truth Reconciliation and Reparations Commission (TRRC).
The complainants write to inform the police that they have observed that their lands and properties, which they left in Kerr Mot Ali when they fled into exile in 2009 are now being developed by illegal occupants, individuals who have never lived on or owned such properties.
“These individuals include one Omar Secka also known as Omar Saho Secka, a Senegalese national from Touba Saloum. As such, we ask you to investigate the complaint and order for a cessation and to desist from trespassing and /or carrying out any form of development as is currently taking place on our properties in Kerr Mot Ali,” the letter stated.
They referred the police to a high court judgement of October 2017 against Governor of CRR, the Inspector General of Police, Alkali of Kerr Mot Ali and the Attorney General as respondents.
In October 2017, the High Court entered a judgement in favor of the residents of Kerr Mot Ali residing in exile as it granted all the reliefs they sought. The high court passed an order of injunction to restrain the respondents and each of them whether by themselves, their servants or agents or whosoever from dealing with, entering or remaining on, or alienating or otherwise interfering with their lands and properties all situated in the village of Kerr Mot Ali.
The complainants said in early 2018 they served copies of the judgment to the offices of the Governor and the regional police commissioner (CRR) and sought their assistance for the enforcement of the judgment.
The TRRC recommended that the members of the Ndigal Sect still living in exile in Senegal should be allowed to return to live in Kerr Mot Ali (Gambia) and their properties returned to them. The TRRC added the government should enforce the judgement obtained by members of the Sect in the High Court of The Gambia.
The Gambia Government’s white paper indicated that it notes the recommendation of the TRRC with regards to the enforcement of the Judgement of The High Court of The Gambia obtained by members of the sect.
“In light of the foregoing, we the aggrieved petitioners together with other legal property owners in exile ask for your speedy intervention to investigate and order for a cessation and desist against encroachers and trespassers from doing any construction work and /or continuing to use our property for their own benefit. The lands in question are family properties and have already been adjudicated to belong to members of the Ndigal community in exile,” the complainants write in their petition.
“In this matter, we look forward to your speedy intervention to resolve the issue. Generally, we also seek your support to contribute to building social cohesion and peaceful co-existence within us and communities in Upper Saloum,” the letter stated.
