Foroyaa Newspaper Burning Issue
Issue No.85/2007, 24 July, 2007
Editorial
NO PARDON!! NO AMNESTY
We hoped and hoped and hoped but all in vain. Somehow, NATIONAL DAYS are
periods to exercise prerogative of mercy. Who would have thought that Lamin
Darboe will still be in prison.
The constitution says “There shall be a committee on the exercise of the
prerogative of mercy consisting of the Attorney General and three other persons
appointed by the President subject to confirmation by the National Assembly.
According to 82 (1) “The President may after consulting the Committee
established by subsection (2)
(a) grant to any person convicted of any offence a pardon either free or
subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified
period, of the execution of any punishment imposed on that person for any offence;
(c) substitute a less severe form of punishment for any punishment imposed
on any person for any offence;
(d) remit the whole or any part of any punishment imposed on any person for
such an offence or any penalty otherwise due to the state on account of any
offence.
In the case of the Bulgarian and Palestinian nurses and doctor,
respectively, who were convicted of grave crimes in Libya, plea for mercy has given rise
to sympathy by review panel.
In Ethiopia exercise of such prerogative of mercy has led to the defusing of
political tension.
To run a country is an art and a science. One cannot think about everything
all the time. One requires advisers who can send reminders to enable urgent
matters to be addressed.
INTERVIEW WITH EX-PRESIDENT JAWARA
We publish below a BBC Focus on Africa interview with Ex-President Jawara,
who was overthrown by President Jammeh in a coup d’etat in 1994. The
interviewer was, Umaru Fofana, and it was broadcast on 18 July.
BBC: Thank you very much for agreeing to talk to me. Thirteen years ago you
were ousted. Thirteen years on, what’s your reflection on that day?
Jawara: That’s an event I’m sure has been very common. Since 1960 there
have been coups, after coups, and various countries started- Nigeria, Ghana,
Sierra Leone. And here too it happened. It’s just one of those things.
BBC: And have you come to terms with it.
Jawara: Definitely, Oh yes! I came to terms with it as it happened. I took
it in my stride.
BBC: You are back home which is rather a very rare happening in our
continent for ousted leaders to be allowed to return home under the regime that
ousted them. How does that make you feel?
Jawara: It makes me feel proud of The Gambia. This is typical of The Gambia.
You know the coup has taken place as it has happened in many other parts of
the world, particularly in our sub region here. And that does not mean that
the relationship should be bad between people. There has to be reconciliation
as time goes on. And in this case there has been reconciliation after a while.
The atmosphere was created which enabled me to come home in dignity and
respect and to live harmoniously among my community.
BBC: Are you in regular contact or regular terms with President Yahya Jammeh
who incidentally overthrew you?
Jawara: Yes, we are in very good terms, yes we are. That’s how I was able to
come home and settle here peacefully and live as a free citizen, living
among my family and the people of The Gambia.
BBC: Does he come to visit you; do you go to visit him? Does he call you
always on the phone?
Jawara: (laughing) There is no need to go into minute details. The
relationship is good. I think that is sufficient.
BBC: Thirteen years on how far do you think the country had come? How far
have things moved to make life better for the ordinary Gambian?
Jawara: Well, I’m not an expert to make such an assessment. I think that is
a function of people like you (laughs), the reporters, the journalists and so
on, particularly representing the BBC. I think that function is really for
you and your reporters to assess. You’ve been here. I’m sure you’ve been able
to form an opinion on the state of affairs and report it and I can assure
you that if I know when you are going to report this on the BBC I’ll be one of
your ardent listeners.
BBC: Sir Dawda Jawara, thank you very much for your time.
Jawara: Thank you very much. It has been a pleasure to meet you and to
receive you here in The Gambia.
PRESIDENT JAMMEH SPEAKS ON JULY 22 CELEBRATIONS
By Bubacarr K. Sowe & Suwaibou Touray
President Yahya Jammeh has said, among other things, in his July 22
anniversary speech, on Sunday, that the day is celebrated each year to reflect on the
achievements and shortcomings of his government so that they would get
guidance in their drive to achieve sustainable growth and development.
The President said he is proud that they have made great strides at
transforming The Gambia in a short period of time but that we should not be
complacent. He said the past twelve months have witnessed unprecedented development in
the history of the government. He promised to make this country the best
country in the world. He, however, said the development will not come from the
sky; that we have to work for it together as Gambians. The President, however,
said he would have wished by now The Gambia becomes the economic super power
of Africa but that man proposes and Allah disposes. The President emphasised
however that attitudes must change, especially, for the young children of
this country, and more so for the boys and girls going to school. He said if
they want to succeed they have to discipline themselves. They have to respect
their teachers etc.
He also singled out Mauritania who he cited as strategic allies and true
friends. The President went back to discipline and said people shake their heads
and say Oh, My God! today’s world. He asserted that since Allah created the
world, the day has always been 24 hours, Monday to Sunday and seven days a
week; that it has always been the same. He opined that it is people who have
changed.
He said to ensure that children are disciplined; teachers have to certainly
play their part because children stay with teachers more than 15 hours a day.
The President said if parents sigh away from their responsibility of
inculcating discipline in their children, the teachers cannot inculcate that in the
children. He said parents must take that responsibility as good parents. He
said we should not blame teachers. He reiterated that we have to change our
attitudes for this country to go forward.
“When I said parents, I know you will not like it but I am glad that you don’
t like it,” he said. He thanked the women and mothers of this country for
being role models for taking care of their children and buying school uniform
for them. He said the African culture says it is a shared responsibility that
men take care of the boys and the ladies take care of the girls.
The President asked whether we are afraid of the boys and expect the mothers
to discipline them. He said mothers would also concentrate on the girls and
as he opined this is why the girls are more sympathetic than the boys and
they are better at school. He then asked what men are doing and further asked
how many times we have seen young Gambians risk their lives to go to Babylon.
The President asked how many women do that, he said something must be wrong he
said, because both girls and boys are Gambians. He concluded that the
fathers have failed and this is why only the boys do risk their lives for Babylon.
The President further asserted that sometimes, the men don’t have ‘copari
ndawal’ (fish money) and that is why they do dodge. He however maintained that
you can dodge your wife and children but you cannot dodge Allah. So as he
put it, let us live by that so that this country will be a great country.
Coming back to the topic the President asserted that Gambia can develop
faster than a space rocket but attitudes must change, but as he said he is
banking on Allah who is supporting his government and also that he has good
intentions for The Gambians.
The President went to education and acknowledge the importance of education
because as he said the biggest enemy of Africa is ignorance. He said it is
because of ignorance that a small problem will lead to rockets flying and
destroying our continent.
He said Africa was a glorious continent before their friends came; that
Africa was the richest continent, the most advanced continent. He then challenge
them and said if they dispute it, let them tell him why they stayed in Africa
for 400 years. He added that Africa was united and the same tribes were here
but why do we have tribal wars than the rest of the world combined, he
asked. He said the fact however is that all the major conflicts that lasts longer
than necessary occur in Africa.
The President decried the exploitation of Africa and asked if the industrial
activities of less than 200 years can deplete the ozone layer, what about
the exploitation of Africa’s resources. The President also spoke on slavery and
how they took the strongest across the Atlantic and turned them into slaves.
He spoke about colonialism and how they celebrate the holocaust and promised
that it will never happen again, but as he said when the centenary of
slavery ends and abolition of slavery came, even Tony Blair would not apologize. He
asked, are we not human beings? President Jammeh opined that the genocide
against Africans have never been recognised by the Whiteman and opined that it
is African blood, tears and sweat that make the Whiteman to become wealthy.
According to him 400 years of British rule and 30 years before they came
cannot be compared to their 13 years. He said for all these period they cannot
give us a university but they are bombarding them with one criticism after
another instead of leaving them alone. He asked whether they are going to accept
that. He said the British left us with only two high schools and two hospitals.
The President also touched on the G8 summit and said they took a photo but
did not include Africans but that after the Summit they only asked them to
make a statement. He said they pledged one billion dollars five years ago on
condition that they put in the Peer Review mechanism but said up to today not
even a million has been disbursed.
The President harped on the history of suffering Africa and concluded that
the West will never help Africa to develop; that they can give or pledge 50
million dollars to Afghanistan over the next two years for hunting Osama Bin
Laden and can even force other countries to cancel the debt of Iraq amounting
to billions of dollars. He said he does not think any Western country can say
they have given this lamp to The Gambia because they regard him (Jammeh) as
radical and dangerous. He clarified that he is not dangerous and he is telling
the truth. He however emphasized that if the truth is what makes him
dangerous, then he will always be dangerous. He said he has to tell the truth so
that they wake up from our slumber.
The President informed the gathering that we will not be respected if we
should jump into globalization and privatize industries that create thousands of
jobs. He said Gambia had a refinery and was producing groundnut cooking oil
and was said Gambians were healthy at the time and did not know Asthma that
much but as he opined the former government privatized it and today we are
eating cooking oil. He said Gambians were healthy at the time and did not know
asthma that much but as he opined the former government privatized it and
today we are eating cooking oil which we don’t even know what it is made of.
Coming to discipline, the President said there has never been in history
when the state is responsible of the children. He said if they want them to be
disciplined, then the police will have to intervene and the international
press will say Yahya Jammeh is now suppressing the school children because as he
said they call him a dictator, but he said he loves that title, because he is
a dictator that doesn’t take nonsense, a dictator of development and not of
corruption, he posited.
Coming to human rights, he said, if young Africans end up in jail for being
nothing but illegal immigrants and then they blame The Gambia government for
trying and sending people to jail for plotting a coup; he asked what type of
human rights are we talking about.
He said the D30, 000 they pay to human traffickers can be used to have a
decent farm, a garden and decent business. “Look at all the foreigners in this
country,” he said. He added that he can dare say none of them have started
with a thousand dalasis. He said those hustlers pay D30, 000 to human
traffickers the boat would sink and after landing in any of the European countries, a
Gambian who has never got a criminal record would automatically go to prison.
The President finally thanked the Mauritanians who sent a special
delegation, assuring them that they will always be their strategic partners in
socio-economic development.
GROUNDNUT TRADE FULLY LIBERALISED
The Department of State for Finance and Economic Affairs has announced that
The Gambia Government had recently fully liberalised the groundnut sub sector
by approving the Groundnut Sub Sector Roadmap Implementation Framework.
This, according to a press release issued by the Department, “allows for free
entry by the private sector in all areas of operations”.
The release states that “the Agribusiness Service Plan Association (ASPA) is
now given responsibility for the management of the groundnut sub sector.
ASPA will register traders, operators, agricultural producer organizations and
industrialists; determine the producer price, and fix the dates for the
opening and closing of groundnut marketing seasons.”
Regarding The Gambia Groundnut Corporation (GGC) Government has also decided
to put it “under a Management Contract from July, 2008. Government will
undertake an evaluation of the GGC assets, prepare tender documents, and a
performance-based Management Contract by the end of 2007. The tenders will be
launched in January 2008, and the tender process should be finalized by end June,
2008. GGC will effectively be under Management Contract by 1st July, 2008.”
For many years credit buying of nuts has prevailed and even there payments
are delayed. Will the new measures effect any drastic change in the groundnut
subsector?
MARRIAGE AND FAMILY
HEART BREAKER’S NEMESIS
By Amie Sillah
Lolly Cooks For Famara
Lolly took a little amount of money and cooked a delicacy for Famara. He was
impressed. “How can a babe lessen fish money and prepare a delicious meal
like this?” he soliloqued. Famara was impressed. He was all over Lolly as they
played romance. She made a false impression on him. They ate their meal and
made love.
Fatima Counsels Jainaba
Fatima came to visit Jainaba. She found her in an ugly mood. She narrated
her experience with Fams. She counseled her. “Forget about him. He is not worth
crying for. He does not deserve you. You are beautiful. Mr. Right will come.
Cheer up!” “No! I have to confront Famara and ask him why he should treat
me like thrash.” Fatima tried to discourage her. “You can ask someone to love
you; you can cajole someone to love you; but you cannot beg someone to love
you if not you’ll continue to beg to sustain that relationship. Where is your
dignity girl? Let Famara come begging you, not the other way round”. Fatima
argued. “Fams is my strength, my pride I’ll go find out why he is behaving
like such.” She went to Famara.
Lolly And Fams
The duo were playing romance on the parlour settee. They discussed about
Jainaba. They talked about her wickedness. Famara talked about a shopping spree
abroad. Lolly pretended “There is no need. We can patronize the fashion
designers, the boutiques. Their merchandise is from abroad and you’ll spend less
money”. “You are from Mars. I’ve never befriended a babe of your kind. Babes
are spendthrift and greedy especially with a rich guy. I love you”. He gave
Lolly a passionate lip kiss. “I’ve bought a present for you. Let me go
upstairs to get it.” A present for me? Why? Is it necessary?” She pretended. “Of
course yes! You are my special babe. I love you!” He again gave her a
passionate lip kiss.
Jainaba Comes In
Jainaba came in. The shock of her life. What did she see? She exclaimed”.
Lolly! What are you doing in my guy’s house? “Nonsense! What do you mean? Which
guy are you talking about?” She became offensive and insulting. “Oh! So you
were the one tearing us apart? No wonder the precision, you took my heart
and pierce it! You are envious and evil!” Lolly sprang up. “Don’t let me talk!
Leave me alone! Why should I allow you to cast a spell on an innocent man!
What have Famara done to you? But to love. You leave me alone or I expose you!”
Jainaba sprang at her and they fought like two hungry lionesses. Jainaba is
a huge lady. She gave Lolly a good hiding. She yelled for help. Famara came
running down the stairs “what! What is happening in my parlour? You! You
Jainaba! What are you doing in my house?” “The witch is devouring me. Help me!
Help me! Ask her out of your house! Your life! She took you to a juju house to
enslave you forever. Now you are free and she wants to kill me!” Famara
pulled her from Lolly and pushed her out of my house. Get out of my house! I hate
you! I have nothing to do with you. You are a witch! Get out of my life!” He
scolded her. Jainaba cried for help. “Don’t leave me Fams! She is framing
me up! Can’t you see it? She is jealous and envious of our relationship.”
Jainaba tried to explain. Fams refused to listen. Get out of my sight! My life!
I hate up!” He tried to push her out. Jainaba resisted. She dodged and
charged at Lolly. She gave her a good hiting before Famara got hold of her and
pushed her out of his house. He shut the door at her face. Jainaba cried in shame
and disgrace. “What have I done to Lolly to deserve such a treatment. Is it
a crime to do good?” She asked herself over and over again.
Jainaba And Fatima
Jainaba went back to her house heartbroken. She wept over Fatima’s shoulder.
“I told you! Don’t go to him. He is a cheat. They are two of a kind. Leave
them with Allah. They betrayed you. Forget about them and live your life
positively.” Fatima advised. Jainaba continued “I have undone the jig saw. Famara
’s visit to the prayer house was precise. I know there was an informer. But
who? Now I know. I was dining with the devil.”
Fams And Lolly
“What an audacity? how could she visit my home after what she has done to
me? It is over between us. Jainaba is evil.” Lolly concurred. “I heard her
mother is a witch and she does not know her father.” “Her mother is a witch.”
Fams concurred.
Jainaba’s House
As Jainaba sat reflecting with Fatima Lolly came into the house. “What
effrontery? What audacity? What are you doing in my house? You come to mock me?
Get out of my house before I do something dastardly!” Jainaba yelled. Lolly’s
protested. “Why do you throw my luggage? Let me check whether my valuables are
intact! “To hell with you and your valuables! Do I care! Get out of my
house! My life! I don’t want to set my eyes on you again!” Lolly protested and
insulted Jainaba. She ran after her and threw an object at her. Lolly dodged.
Jainaba ran after her and Lolly ran out of the compound. Fatima restrained
her. “Leave her to go! Lolly is trouble and bad hick! Allah will punish her. Her
dooms day will come and she will be paid back in her own coin”. Jainaba was
angry. “This babe is useless. After everything she has done! She came back
into my house? She is a lay about! Let her solve her own problems. I am
finished with her. I hate her forever. She has spoilt my joy. Jainaba lamented”.
Lolly’s conscience is dead.
Famara and Essa
Fams and Essa are great friends. They are business partners. Essa objected
to Fam’s relationship with Lolly. “Fams! What are you doing? Are you well?
How can you befriend Jainaba’s friend after finishing with her? After all you
went through with Jainaba? From frying pan to the fire? Leave Jainaba and all
her friends. They are birds of the same feathers flock together. If you say
Jainaba is evil, what about her bossom friends? Wake up boy! Look somewhere
else. This soup is sour!” Fams hesitated. “Lolly is seductive and sweet. I
enjoy making love to her. She awakens my sensory organs. You should see the
sensuous body of this babe, even a saint could not resist it. Let me have fun
for a while then I’ll pass her unto you.” “Allah forbid! I don’t want any of
those rotten babes. Be serious with your life!” Fams thought hard and said.
“‘E’ you are right. But just give me one more round and I’ll give her up!” “
Promise?” “Yes promise!” “Okay! That will be good for you to preserve your
life.” Essa advised
ECOWAS COMMUNITY COURT
After the publication of the article on the suit filed on behalf of Chief
Ebrima
Manneh against the Government of The Gambia at the ECOWAS Community Court of
Justice, many readers have been asking about the court, the essence of the
court, its jurisdiction, its composition, etc.
This article gives a brief account of the court and it is hoped that it will
answer the questions of readers.
The Community Court of Justice of the Economic Community of West African
States is based in Abuja, the capital of Nigeria. The court was established by
the Protocol on the Community Court of Justice and Article 15 of the Revised
Treaty. The Protocol entered into force on 5 November 1996 upon ratification
by the member states as required, by not less than 7 states as required by
Articles 34 of the said Protocol.
The Community Court was put in place by the 24th session of the Authority of
Heads of State and Government of ECOWAS held in Bamako, Mali on 15 and 16
December 2000.
The Protocol provides for seven judges appointed by the Authority. The first
seven judges assumed duty as soon as they were sworn in on 30 January 2000.
The seven independent judges are persons of high moral standing who are
nationals of member states, and possessing the required qualifications for the
exercise of judicial functions at the Supreme Court or court of the same
ranking, in the field of international law or the law of regional integration. At
least 20 years work experience is required.
The tenure of a judge is 4 years and is non-renewable. The president of the
court is responsible for the administration of the court and presides at
hearings and deliberations. The current president of the court is Justice Aminata
Malle Sanogo.
State Of The Court And Its Members
The Court of Justice is the legal arm of the community. According to Article
15 of the Treaty The Court of Justice shall carry out the functions assigned
to it independently of the member states and the institutions of the
community. In short, neither a member state or institution of the community can
subject the court to its influence or interference. Citizens need to be assured
of the impartiality required.
The court has its own operational budget and its seat is located at Abuja.
But the court may decide to sit in a territory of another member state.
Jurisdiction
What is the community court capable of doing? The court has power to hear
and deliberate on cases in respect of the following:
(1). Control of the legality of acts of ECOWAS
(2) Disputes between ECOWAS and its officials
(3) Reparations for official actions or omissions of any ECOWAS official
(4) Violations of human rights
Article 9 of the Protocol as amended provides for the jurisdiction of the
court. We quote it in full.
Article 9
1. The Court has competence to adjudicate on any dispute relating to the
following:
a. the interpretation and application of the Treaty, Conventions and
Protocols of the Community
b. the interpretation and application of the regulations, directives,
decisions and other subsidiary legal instruments adopted by ECOWAS
c. the legality of regulations, directives, decisions and other subsidiary
legal instruments adopted by ECOWAS:
d. the failure by Member States to honour their obligations under the
Treaty, Conventions and directives, or decisions of ECOWAS:
e. the provisions of the Treaty, Conventions and Protocols, regulations,
directives or decisions of ECOWAS Member States:
f. the Community and its officials and
g. the action for damages against a Community institution or an official
of the Community for any action or omission in the exercise of official
functions.
2. The Court shall have the power to determine any non-contractual liability
of the Community and may order the Community to pay damages or make
reparation for official acts or omissions of any Community institution or Community
officials in the performance of official duties or functions.
3. Any action by or against a Community Institution or any Member of the
Community shall be statute barred after three (3) years from the date when the
right of action arose.
4. The Court has jurisdiction to determine cases of violation of human
rights that occur in an Member State.
5. Pending the establishment of the Arbitration Tribunal provided for under
Article 16 of the Treaty, the Court shall have power to act as arbitrator for
the purpose of Article 16 of the Treaty.
6. The Court shall have jurisdiction over any matter provided for in an
agreement where the parties provide that the Court shall settle disputes arising
from the agreement.
7. The Court shall have all the powers conferred upon it by the provisions
of this Protocol as well as any other powers that may be conferred by
subsequent Protocols and Decisions of the Community.
8. The Authority of Heads of State and Government shall have the power to
grant the Court the power to adjudicate on any specific dispute that it may
refer to the Court other than those specified in this Article.
The jurisdiction of the court was extended on 19 January 2005 by an
supplementary protocol to include human rights violations among other.
Access
At first access was limited to member states and ECOWAS institutions. Now it
is open to individuals and corporate bodies as well. Access is dealt with by
Article 10 of the protocol which states:
Article 10: Access to the Court.
Access to the Court is open to the following:
a) Member States, and unless otherwise provided in a Protocol, the
Executive Secretary, where action is brought for failure by a Member State to
fulfill an obligation:
b) Member States, the Council of Ministers and the Executive Secretary in
proceeding for the determination of the legality of an action in relation to
any Community text;
C) individuals and corporate bodies in proceedings for the determination
of an act or inaction of a Community official which violates the rights of the
individuals or corporate bodies;
d) individuals on application for relief for violation of their human
rights; the submission of application for which shall:
i) not be anonymous: nor
ii) be made whilst the same matter has been instituted before another
international Court for adjudication:
e) Staff of any Community institution, after the Staff Member has
exhausted all appeal processes available to the officer under the ECOWAS Staff Rules
and Regulations:
f) Where in any action before a court of a Member State, an issue arises as
to the interpretation of a provision of the Treaty, or the other Protocols
or Regulations, the nationals court may on its own or at the request of any of
the parties to the action refer the issue to the Court for interpretation.”
Enforcement
According to Articles 19 (2)
“Decisions of the Court shall be read in open court and shall state the
reasons on which they are based. Subject to the provisions on review contained in
this Protocol, such decisions shall be final and immediately enforceable”.
Hence court decisions are enforceable in member states.
Number Of Cases
Two cases were filed in 2004, five in 2005, twenty-one in 2006 and eleven so
far in 2007; making a total of 33 cases. Judgment has been delivered in 8
cases. Chief Manneh’s case, filed this year, is one of the pending cases.
KAWSU CEESAY CONTINUES EVIDENCE
By Fabakary B. Ceesay
Mr. Kawsu Ceesay, the former Chief Electoral Officer of the Independent
Electoral Commission (IEC), on Friday 20 July, continued his evidence in chief
before Magistrate Bubacarr Secka of the Kanifing Magistrates’ Court.
In his marathon testimony, Mr. Ceesay told the court that back in January
2006, Mr. Ndondi Njie requested him through “intercom” to ask CODE INCORPORATE
Company to delay the shipment of election materials which CODE was putting
together for shipment to IEC in Banjul. He said before and after the order was
placed he advised Chairman Ndondi Njie to make sure that the constituency
names appear on the voter registration cards because the previous voter’s cards
did not bear the constituency names. He said he discussed the issue with Mr.
Njie so that CODE could include the constituency names on the new cards as
it was a constitutional requirement; that Mr. Njie agreed with him and that he
informed CODE about the idea, which was confirmed through email from CODE.
Mr. Ceesay added that they have the “artwork” and that it would not be an
extra cost for IEC and that Mr. Njie agreed as that would prevent IEC from
making further payment to have constituency stickers which are locally made; that
said he showed CODE where the constituency names should appear on the voters’
cards.
Mr. Ceesay indicated that CODE also requested IEC to advise them on the
numbering of voter registration cards. “Since they have provided us with the
voter registration card in 2001, which started from 0001 they could continue from
the last card number. I insisted on this because if they had started from
number one again, there might be duplications of records which will create
problems in the registration database,” said. Mr. Ceesay. He said that Mr. Ndondi
Njie agreed to the idea and gave him verbal approval. He added that the
issue of the coat of arms, which was printed on the back of the registration
booklet also came up. He said the deadline given to CODE for the election and
registration materials to arrive in Banjul was mid February 2006 and for the
distribution of the materials to the various IEC regional offices throughout the
country before the commencement of the voter registration exercise. Mr.
Ceesay said that point in time CODE sent a mail to IEC to update them on the
issues of order. He noted that CODE spoke to the then Director of Operations at
IEC, Mr. Harry Sambou, about the issue. “It was at this time that Mr. Ndondi
Njie started to tell me that he did not ask me to place an order and I
disagreed with him, as I cannot place an order for the election and registration
materials without an authorisation from the IEC Chairman, Mr. Ndondi Njie.
Throughout February, Mr. Njie requested me to take quotations from other potential
suppliers of the said materials, in collaboration with Mr. Sulayman Mboob,
an IEC commissioner at the time. I sensed at this time that Mr. Njie was
herding his bets, that he was trying to build up a case that was in his favour,”
said Mr. Ceesay. He said they obtained invoices from another company in
Holland called POLAROID and two others. Mr. Ceesay told the court that Mr. Njie
instructed Mrs. Saffie Njie and Mrs. Sarah Grey Johnson to contact Polaroid for
films. He said that at that time the donor community had not yet come up with
a decision on how to assist in the electoral process; that at the time was
only the European Union (EU) which indicated to IEC that they were interested
in the Voter Education aspect donor as an assistance package. Mr. Ceesay
noted that from March to April 2006, a meeting with the donor community was
convened at which it was decided that a “basket fund” should be setup to assist
the electoral process; that the UNDP agreed to secure an electoral expert to
manage the funds; that in March 2006, CODE sent another mail asking the IEC to
advise them on the situation of the order. “It was at this time that Mr.
Ndondi Njie emailed CODE that he had never authorised me to place an order,”
said the former Chief Electoral Officer. At this point, the defence counsel,
Musa Batchilly, asked him why Mr. Ndondi Njie denied that he instructed him to
place an order when he had earlier on authorised him to place an order. Mr.
Ceesay replied, “Mr. Njie found it difficult to secure the funds from the
Finance Department, he thought he would find himself in a difficult situation when
the IEC would have to pay for the materials while the funds are not
available. He gave three reasons: (1) that there had not been any inventory of
materials hand, (2) IEC had not received funds for its programmes and (3) It
requires 100% payment which was inconceivable to prepare for the payment of the
materials”. Counsel asked why Mr. Njie forwarded all these reasons, Kawsu said, “
I think all that is to find an excuse, because he had directed me to place
an order for the materials. If he had not done so, why did he let me to ask
CODE to put the constituency names on the voters’ cards? Why did he ask me to
tell CODE to continue numbering the voters’ cards from previous voters’ cards
of 2001? and why did he ask me to inform or request for CODE to delay the
shipment of materials?”. Mr. Ceesay indicated that Mr. Ndondi Njie made a
telephone call, fax and email to CODE to ask them to stop the shipment. He said
CODE at that time said they had already dispatched a container with the
materials to Belgium and from there to Banjul. He said that Mr. Njie argued that
that was just a tactic employed by the company so that their goods can be sold.
Mr. Ceesay said in May 2006, UNDP decided to provide funds as a preparatory
measure to assist the IEC in procuring the needed materials and they wanted
the IEC to provide them with contact numbers of the potential companies that
supply election and registration materials. Mr. Ceesay said he contacted Mr.
Ndondi Njie to ask him whether to include the contact number of CODE
INCOPORATED, as they already had all the required materials needed by IEC. “He reacted
in fury and asked me whether I had any interest for IEC to buy the materials
from CODE. I then called Mr. Sulayman Mboob, who was very close to Mr. Njie
and lodged my complaint to him that Mr. Njie is asking me a question which I
think was not a good one as it raises some kind of mistrust. I told Mr. Mboob
that I would not provide UNDP with contact numbers of companies without that
of CODE. I asked Mr. Mboob to talk to Mr. Njie for him to agree for me to
include CODE in the contact list to UNDP. Mr. Mboob told me later that Mr. Njie
had agreed for me to include CODE’s contact to UNDP,” said Kawsu. Mr. Ceesay
narrated that at one point, they had a casual meeting on the issue at Mr.
Njie’s Office and that the former chairman said he and Kawsu were pushing and
pulling on the issue of ordered materials. “Mr. Njie insisted that he did not
authorise me to place an order. He insisted that I told him how he authorised
me to do that, I told him that it was on the same day that he informed me
that the president had promised to provide all the funds for electoral
activities from 2005 to 2008 and that it was the same day that Mr. Sulayman Mboob, who
was in Ghana, at the time, called and informed him that he would be
returning the following week and he authorised me verbally,” said Mr. Ceesay.
The case was adjourned for the continuation of the testimony of Mr. Ceesay.
Mr. Kawsu Ceesay, the former Chief Electoral Officer at the IEC, is standing
trial for allegedly forging the signature of Mr. Ndondi Njie, the former
boss of IEC, to secure electoral materials at an amount of D6 million.
AT THE TREASON TRIAL
Marabout Faal’s Image Did not Appear on the Videotape
By Fabakary B. Ceesay
On Thursday 19 July, the High Court, presided by Justice Anin Yeboah, viewed
the video cassette on the alleged March 21 2006, coup plotters. Alieu Jobe
and Tamsir Jasseh did appear on the screen but Marabout Omar Faal Keita’s
image did not appear.
Tamsir Jasseh was the first to appear on the screen followed by Alieu Jobe.
The tape was forwarded to the part where Marabout Omar Faal Keita is believed
to have been recorded on the tape but his image never appeared on the
screen. Several attempts were made but to no avail. The court attendees, including
the presiding judge, lawyers, and court clerks stared at a blank screen for
almost fifteen minutes. The court later ruled that the prosecution witness
should be put in the box to continue his testimony rather than wasting more time
on trying to show an image that is not coming on the screen.
Detective Sergeant Boto Keita, during cross examination by defence counsel
Lamin S. Camara, told the court that he was not present while the video
recording was taking place. He indicated that he had gone out for a mission at the
time but that he had watched the video tape. Detective Keita said the appearan
ce of the accused persons on TV is a confession and that he had put it in
writing that it is a confession. He added that he could not produce the written
record and could not tell who had the records. He said some accused persons
requested through Detective Abdoulie Sowe to appear on TV but others did not.
He said the accused persons were not paraded on TV against their will but
that they were cautioned before doing so. He said they were cautioned in his
presence before he left for his mission. He admitted that the cautionary words
did not appear on TV. Detective Keita noted that the statement of Alieu Jobe
led to the arrest of Tamsir Jasseh. He said Alieu Jobe told the panel of
investigations that it was Tamsir Jasseh who escorted Colonel Ndure Cham to
Kujubeh in Cassamance. Counsel Camara said, “You said Mustapha Lowe appeared
before the panel and told them that it was Tamsir Jasseh who escorted Colonel Cham
to Kujubeh”. Keita replied in the negative. Detective Keita said he could
not remember whether he was on the panel when Mustapha Lowe appeared and that he
was not aware if Mustapha Lowe had written a statement before the panel.
When asked whether the video viewed in court was a programme of GRTS, he said he
could not tell. He was asked to read the programme schedule of GRTS on the
27 March 2006.
He said he could not see clearly from where he stood in the witness box. He
was asked to come near the screen to see clearly. He read it thus: “Foiled
Coup Plotters Talk to The Nation”. He said he could not remember the exact time
of the video recording but that it was around 12 noon. He said it was only
Tamsir Jasseh and Alieu Jobe who appeared on the screen in the court. Lawyer
Camara then told him “I’m putting it to you that you are not telling the
truth.” Detective Keita replied, “I’m saying the truth”.
Cross Examination By Lamin Jobarteh
Under cross examination by Lamin Jobarteh, Detective Keita said he was not
present when the video tape was recorded and therefore would not know whether
the background music was recorded at the NIA.
When asked who did the recording, he said he could only remember Modou
Sanyang but did not know the others. “I’m putting it to you that no GRTS staff
did the recording, rather it was done only by the military personnel,” said
Jobarteh. Keita replied, all I know before I left was that GRTS was there”. He
said he did not notice any interruption in Alieu Jobe’s speech. He said he
could not tell whether there was a shift in the tape when Alieu Jobe was
talking. He admitted that there was a shift of the image but not the speech.
When asked whether Captain Famara Jammeh was arrested and detained, he said
all he knew was that Captain Jammeh appeared before the panel of
investigators. He said he was not aware whether Alieu Jobe had mentioned Captain Famara
Jammeh’s name to the panel. He added that he could not tell whether Captain
Jammeh made a statement to the panel. Detective Keita said the video tape did
not show the cautioning of Alieu Jobe. Sitting continues today (24 July).
EBO TOWN RESIDENTS EXPERIENCE FLOODS
By Ebrima Dibbasey
Naturally people go to bed to have a sound sleep so as to re-energize and
prepare themselves both mentally and physically for the next day. But that was
not the case on Thursday as some residents of Ebo Town had to grapple with
difficulties after the heavy down pour on the early hours of that morning. Some
people woke up and discovered that their belongings were soaked in the
water. Many victims said they believe that the flooding was caused by the newly
constructed highway that links Super Bird and ‘Park gi Jola’ in Ebo Town. One
resident told this reporter that she had been residing in her compound for
several years without experiences any flooding. She said
the construction of the highway
without any culvert to allow the flow of water has led to the destruction of
their properties and an unhygienic environment.
Another victim who had already packed all his belongings in order to
relocate elsewhere, called on the authorities to address the problem, failing which
he said, the situation will be unbearable not only to him, but to the entire
neighbourhood.
Some goods belonging to a Guinean shopkeeper was submerged in water. A
resident popularly knows as ‘Tesito’ noted that since the rains season started
this year, they have been “living inside water day in and day out.” He called
on the Government and the National Assembly Member of the area to help them
to address the problem. Foroyaa will get in touch with the authorities to
find out what they intend to do for the flood victims of Ebo Town.
DEBATE ON EU-ACP ECONOMIC PARTNERSHIP AGREEMENT DEEPENS
By Bubacarr K. Sowe
The debate on the Economic Partnership Agreements (EPAs) being negotiated by
the European Union (EU) and the African, Pacific and Caribbean (ACP)
countries has deepened as the EU Commission Charge‘d’ Affairs in The Gambia, Helene
Cave and the Department of State for Trade, Industry and Employment of The
Gambia joined the debate.
Presenting a paper recently at the Kairaba Beach Hotel at a forum organised
for The Gambian Private Sector on technical assistance and financial
facilities from Centre for the Development of Enterprise (CDE) and European
Investment Bank (EIB), Madam Cave said that the EPAs are formed on four pillars, which
are partnership, development dimension, regional integration and World Trade
Organisation (WTO) compatibility.
She said the partnership between the EU and the ACP countries is a common
objective defined in the Cotonou Agreement, stressing that nothing is imposed
and the EU has no offensive trade interest in West Africa.
Madam Cave stated that development is an objective in the interest of both
parties which focuses on trade, growth, development and poverty reduction.
She also said there is regional preference in all areas, such as the
creation of a regional market, then gradually opening it and enlarging the markets
for economies of scale and investment attractiveness. She posited that the
EPAs will be fully compatible with the WTO rules (Article XXIV GATT).
A paper presented by the Department of Trade Industry and Employment
(DOSTIE), assessed the potential impact of the EPAs on The Gambian economy.
According to the paper, it is estimated that the total government revenue short falls
associated with EPAs is 22%. It goes on to indicate: “Assuming no adjustment
from the expenditure side, the budget deficits will worsen by 3.5% of GDP.
The full EPA with EU imports will grow by 42% over the pre-EPAs imports and
89.9% per annum constitute manufactures.”
With the full EPA, DOSTIE believes that The Gambia will lose customs duty
revenue estimated at 40.719 million US dollars annually, representing a
significant loss of 91%.
The Department also said imports from EU will increase by a significant
margin averaging 25%, whilst imports from ECOWAS and the rest will decrease
substantially by 62% and 64% respectively.
“EPA may therefore result to costly trade diversion from EU. EPA would
clearly dampen efforts to permit intra-ECOWAS trade,” remarked DOSTIE.
Tijan Jaiteh and Brann Back at Top
By Modou Nyang
Tijan Jaiteh and his Norwegian club side SK Brann, have returned to the top
of the Norwegian Premier League after demolishing Stabæk Football 3-0 over
the weekend.
Stabæk have been leading Brann with two points for the past few weeks and
their weekend clash provided the UEFA Cup campaigners the opportunity to step
back into their rightful place.
Jaiteh who returned to the starting eleven was on the pitch for 73 minutes
before he was replaced by Ardian Gashi in the 74th minute. He was substitute
in the club’s UEFA Cup humiliation of Welsh side Carmarthen on Thursday.
Brann are now two points clear at the top of the league table with 29 points
after fourteen league games. They are to meet 4th placed Viking FK on
Wednesday.
Another Gambian who tasted victory in Norway at the weekend is Ebrima Sohna
and his club Sandefjord Football. The struggling Norwegian Premier League
side was on the wining side against FC Lyn Oslo on Saturday, knocking them down
with 3 goals to 1. The rare victory has however pushed the club one step
further from the bottom of the table. Sohna was not listed for the game.
In Denmark, Njogu Demba and Esbjerg fB emerged 5-0 victorious against with
Demba’s strike partner Rajko Lekic scoring a hatrick. Demba however was not on
the score sheet and was substituted in the 76th minute for Jesper Lange.
Gambia 7th in U – 20 Fair Play Award
By Modou Nyang
Gambia’s U – 20 Scorpions have been ranked seventh in the FIFA Fair Play
awards at the just concluded U - 20 World Cup.
Fair play awards forms part of every major tournament and this time Japan
collected the prize finishing with 829 points and the Young Scorpions with 764
points. Argentina who won the tournament 2-1 against the Czech Republic also
finished second behind the Japanese with 812 points. Brazil took third
garnering 800 points level with the USA who finished fourth behind the Argies on
other considerations.
Giovani do Santos and his Mexican peers finished fifth collecting 783 points
and are followed by Nigeria with 777 points in sixth position.
Portugal Gambia’s group stage opponents finished eighth behind The Gambia
with 764 points followed by Spain with 731 points. Czech Republic, Austria,
Poland and Zambia followed in succession with 714,694,693 and 686 respectively.
Uruguay, Congo and Chile completed the rankings finishing with 657, 643 and
624, respectively.
Only the teams that made it to the last sixteen were considered for the
awards.
U – 20 Finally Back
By Modou Nyang
The National U – 20 Football team finally returned home after more than a
week delay in Toronto.
The U – 20 team were knocked out of the FIFA U – 20 World Cup by Austria at
the first knockout stage of the competition on Wednesday 11 July, after
braving out of the group stage overcoming Portugal 2-1 along the way.
After they lost out to the Austrians who also were in the last sixteen of
the competition for the first time, the boys flew back to Toronto from Edmonton
were the match was played to connect for a flight back home. But the 29
member delegation had to wait a week later to confirm their bookings for the Delta
Airlines flight from Atlanta, USA to Dakar Senegal.
The boys have to undergo a three days round trip from Toronto to Atlanta and
Atlanta to Dakar and then to Banjul on a Slok Air flight. The ever loyal
Scorpions Fan club were at hand to receive the boys, who this time failed to
gather the usual heroes welcome that characterise their return from tournaments
from the general populace.
Another development with the return of the boys is that Sainey Nyassi and
Abdoulie Mansally are said to stay back in the US for trials with an MSL side in
Florida. Captain Ken Malamin Jammeh and striker Pa Modou Jange who are
presently in town, will return to Toronto for trials too and that the same side in
Toronto is interested in the services of Sainey Nyassi and Mansally
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