19/07/2025
from the Office of Essa Mbye Faal and the APP-Sobeyaa
Mr Faal possesses No Land To Return!
We, the APP-Sobeyaa Party and Mr. Essa Mbye Faal, reject the suggestion by some readers of the Malegan article titled "Tanji Bird Reserve Carved Up for Sale: Inside Deals to Turn Protected Land into Profit," that Mr. Faal acted unlawfully. They seek to implicate Mr. Faal in illegal land dealings; nowhere in this article does the publisher state that Mr. Faal acted unlawfully. The fact of the matter and what transpired is as follows.
In 2018, the then Managing Director of the Gambia Tourism Board, exercising his mandate to attract investment into the tourism sector, asked Mr Faal to invest in tourism in The Gambia because they had learned about his investments in real estate in Senegal. Mr Faal told them that he had applied to GTA, as it was then called, since 2010, but was never allocated land. As such, he had to invest in Senegal instead. The then head of the GTB encouraged Mr Faal to apply, arguing that the new Barrow government, unlike the Jammeh government, is promoting a new Gambia in which Gambians are encouraged and allowed to invest in their country. Mr Faal was convinced by this pitch and decided to reignite his interest in investing in tourism in The Gambia.
Essa Mbye Faal made extensive preparations to apply to the GTB for land allocation. He submitted his application on 30 July 2019 to secure land within the TDA for the construction of a mixed-use resort. Mr Faal invested millions of Dalasis in preparing the necessary plans and documents and paid D55,000 as the application fee. Other Gambians also applied for land allocation. At this stage, lands in the TDA were mainly allocated to foreigners; nearly all hotels in the Gambia TDA at the time were owned by foreigners. Mr Faal was so convinced by the new Gambian concept that he named his project 'The New Gambia Resort.'
The authorities were so impressed with Mr Faal’s project that they sent it to the Minister, Hamat Bah, who, in turn, felt that the project was so impressive that it had to be presented to the President. Mr Bah took Mr Faal to meet with President Barrow to present the project, as it aligned with his vision for a new Gambia. Mr Faal met President Barrow and discussed his project proposal. The President was so impressed that he remarked that Gambians should be encouraged and supported to invest in the country. This is a new Gambia and a departure from the past.
At this time, Mr Faal was lead counsel at the TRRC. Mr Faal firmly stated that no official asked him for money or a bribe to support his application, and he was impressed with that.
On 16 January 2020, Mr Faal received provisional approval. He was asked to pay USD $125.000. (Now equivalent to GDM10.00000.00). Previously, these payments were refunded. However, he was told that the payments are now classified as a development levy and are non-refundable.
Essa Mbye Faal refused to pay until he knew which site would be allocated to him to build his hotel. Mr Faal again met President Barrow on a separate occasion, during which the president asked him about the progress of his application. Mr Faal informed the President that he had received provisional approval and was asked to pay a non-refundable fee of USD 125,000, but since no location had been designated yet, he had not paid. The President advised Mr Faal to pay the levy; otherwise, he could not blame anyone if the land allocation was not made.
Mr Faal accepted the President’s advice and paid the levy. He received confirmation of his payment on 28 December 2020. There, he was informed that the Sanneh Mentereng land has an issue (with the commission), but they would allocate the Tangi cluster as it is designated a mixed-use development area.
Mr Faal received and signed the provisional allocation on 11 August 2021. The GTB examined the project documents and chose the optimal site. Two locations were proposed to Mr Faal at this time. The first was land near the Gamtel building allocated to Karafi, or a piece of land next to Sanneh Mentereng. Mr Faal selected the Sanneh Mentereng area because the other site was mired in controversy (the government needed to re-enter the land). GTB informed Mr Faal that the Sanneh Mentereng site was recovered from Jammeh, and the allocation required confirmation by the inter-ministerial commission. Alternatively, they would allocate an alternative suitable location. Mr Faal agreed to the proposal. Mr Faal received the survey documents prepared by the physical planning and GT-Board, which identified that the Tanjie Bird reserve is approximately 150 meters away from the area allocated to Mr Faal.
Shortly afterwards, Mr Faal announced his decision to run in the 2021 presidential election. He declared the TDA allocation to the IEC. Mr Faal received a letter from GTB stating that he should not declare it as his property, as the process was not yet finally completed. Mr Faal responded that he wanted to be completely honest and transparent to Gambians but apologised for any inconvenience caused. President Barrow mentioned in his campaign that he had approved the allocation of land to Mr Faal, thereby suggesting he (Mr Faal) was disloyal by challenging him for the presidency.
After the elections, GTB asked Mr Faal to proceed with the development of the land. Mr Faal applied for a building permit, and the Ministry of Lands blocked the permit application. Mr Faal was not allowed to build on the land, nor was his money refunded.
When Mr Faal inquired about why his permit was not granted, he was informed that the Director of Parks and Wildlife had complained that the area allocated to Mr Faal was part of the protected bird sanctuary. Mr Faal studied the letter. The Director requested the Planning Department (now in 2022) to finalise the gazettement of the Sanneh Mentereng Area as part of the Bird Sanctuary, as this process had commenced in 1995. The director continued by stating that the location can only be used for tourism. He also claimed that the size of the bird reserve was 612 hectares, not 401 hectares, as stated in the laws of the Gambia (Schedule 1 of the Biodiversity Act). Essentially, the director waited 27 years to restart the expansion process of the bird sanctuary, a process that had failed since 1995. The director suggested gazetting the area in 2022 and recognising his statement as the law, disregarding the provisions of the laws of the Gambia. This is unlawful. It is akin to, for example, the Minister of Justice writing to the Clerk of the National Assembly and directing them to gazette the 2020 draft constitution as the new constitution of the Republic of the Gambia. This is unlawful. The director gave himself unlawful legislative authority. He became the law unto himself and declared the contents of our statutes as unlawful-something even the President cannot do.
Additionally, it is quite clear that the bird sanctuary ends at the police post at Brufut. Even the map attached to Malegen's report clearly shows that the Tanjie bird reserve stops at the beginning of Ghana Town and does not extend to the Sanneh Mentereng Area. To suggest otherwise would mean that the gas station, the fish landing site, the factory and equipment storage areas, and the beach bars at Brufut and Ghana Town are all part of the bird sanctuary, which is clearly incorrect. Anyone who visits the area would clearly notice the difference between the dense forest growth of the bird sanctuary and the desecrated area, full of Beach Bars and other construction, which is hardly sustainable for a bird sanctuary.
The truth is:
1. The government encouraged Mr Faal to build a hotel in The Gambia.
2. Mr Faal agreed to do so on the belief that the new government wanted to change things and bring about a new Gambia.
3. Mr Faal applied and paid the requisite fee.
4. The government approved it and allocated the land.
5. Mr Faal has never gained access to the land or received vacant possession of land.
6. Mr Faal’s money has not been refunded, nor has he been re-allocated an alternative location.
7. Mr Faal followed the due process for land allocation within the TDA.
8. This is not about Mr Faal. It is a simple matter of disputes between two parts of the government. One part of the government (Department of Parks and Wildlife) is attempting to expand the bird sanctuary by unilateral means unlawfully and falsely claiming that the bird sanctuary is 612 hectares instead of 401 hectares, which is stated in the laws of the Gambia. While another part (GTB) is asserting its authority, claiming that it has a lease to the Sanneh Mentereng area and that it is part of the TDA, not part of the Bird Sanctuary.
Mr Faal acted lawfully and has no land to return, as he was not given any final allocation and has no possession of any land, whether TDA or Part of the Bird Sanctuary. If anything, Mr Faal is the victim of the struggle between two branches of the Government.
The APP-Sobeyaa Party remains resolute in its commitment to fighting corruption, promoting equitable development, and upholding the rule of law. We will not be deterred by defamatory tactics or attempts to silence our leader’s voice.
Mr. Essa Mbye Faal and the APP-Sobeyaa Party stand for a Gambia where justice prevails, and we will continue to advocate for the rights and aspirations of all Gambians.
Signed,
Ousainou Bobb
National Spokesperson
APP-Sobeyaa Party (July 19, 2025)
