FOROYAA NEWSPAPER

Issue No. 44/2004, 3-6 June 2004



EDITORIAL
THE PRESIDENT’S DIALOGUE WITH THE PEOPLE
The Tour of a Statesman or That of a Party Leader?

The Gambian people should not dismiss whatever the President says or does.
This is the only way he can be held accountable for his words and actions in
an objective manner.

The Constitution is not silent on the President’s tour.  It states under
Section 222 Paragraph (15) that “The President shall undertake a nation-wide
tour at least twice a year in order to familiarize himself or herself with
current conditions and the effects of government policies.”



It is clear that the President should listen more to the people than use the
platform to attack political opponents or encourage party militants to
engage in political campaign.



At the end of the tour the Gambian people should assess the speakers and the
affiliation of the speakers.  If the President were a real Statesman the
meetings would not take partisan characteristics.  They will allow all
citizens access to tell the President the truth and listen to his comments.
There will be a real dialogue between the executive and the people.  If the
President is engaged in a party electoral campaign he will focus on his
political opponents, rally his party supporters and promote his party rather
than address the concerns of the people.



Once the people make a proper assessment of the conduct of the President
they should be able to judge whether he is fit to be a President of a
Sovereign Republic under the dictates of the constitution.



This is what is demanded of a sovereign people.  They must make objective
assessments of the performance of their political leaders and make sound
judgments





Jarra West By-Election, July 1

The Independent Electoral Commission (IEC) upon receipt of a Notice of
Vacancy in the Jarra West Constituency from the Speaker of the National
Assembly will be conducting a By-Election in that constituency on July 1st
2004 to fill the office of Member of the National Assembly for that
constituency.  Nominations of candidates will be received at the IEC’s
Office at Mansakonko on Monday 14th June 2004.  The official campaign period
when candidates will be given access to the public media and other
facilities will commence on Wednesday 16th June 2004 and end on Tuesday 29th
June 2004.  Wedn! esday 30th June 2004 is set as ‘rest day’ when campaign
meetings will be disallowed.

Notice of Vacancy of the Jarra West seat was given after the conviction and
sentencing to imprisonment of the former Majority Leader, Baba K. Jobe to a
term of Nine Years Three Months by the high court in Banjul.

According to Section 91 Subsection (1) Paragraph (b) of the Constitution “A
Member of the National Assembly shall vacate his or her seat in the National
assembly if any circumstance arise which, if he or she were not a member
would cause him or her to be disqualified for election as a member or
nomination as a member.

Section 90 of the constitution deals with disqualification of membership of
the National Assembly.  Section 90 Subsection (1) Paragraph © in particular
stipulates among other things that no person is qualified for election as a
member of the National Assembly if he or she is serving a sentence of
imprisonment for a term exceeding six months imposed on him or her by a
court and has not received a free pardon.  In short if you are a National
Assembly Member serving a sentence of imprisonment exceeding six months your
seat will automatically become vacant and the Speaker will have to give
notice of this fact to the IEC who will then conduct a by-election within 90
days of the seat becoming vacant.

Dramatic changes have taken place in this constituency and the country as a
whole is undergoing transformation.  Among the itinerary of the President’s
“dialogue with the people tour”, he is to hold a meeting in Soma, which is
the main town in Jarra West on June 7, barely a week before nomination.  The
people of Jarra West will open their ears wide to hear what he has to say.
Needless to say, with the political situation so fluid, the Jarra West
by-election may well serve as a dress rehearsal for the next Presidential
and National Assembly Elections.





    ALD CELEBRATION
AU PROSPECTS FOR AFRICA
The celebration of African Liberation Day (ALD) was this year organised by
the Pan African Forum on Sunday 30th May at Father Farrel Hall, Kanifing in
the form of a film show and symposium aimed at commemorating the historic
struggles of the heroes and sheroes of Pan Africanism and charting a way
forward.

In the morning, there was a film show featuring prominent Pan Africanists
like Louis Farrakhan, Malcolm X and Halifa Sallah. Publications on Pan
Africanism and Pan African heroes and sheroes researched by the Power of
Truth Study Group were available at reasonable prices. This was aimed at
creating awareness as well as providing income for self-reliance. There was
also a lively discussion by the gathering on issues raised by the films,
which was generally appreciated.

The symposium started in earnest at 4.50 p.m. with silent prayers after
which the African National Anthem was sang followed by the African Youth
Song.

In his Pan African statement, Mr. Madi Jobarteh of the Pan African Forum
indicated that the overall objective is Pan Africanism, which is the total
liberation of Africa under a socialist system of government. He described
Pan Africanism as the only solution to our present underdevelopment and
backwardness.

Madi lamented that Africa is rich but has been betrayed by its leadership.
He asserted that Africa needs a new type of elite who is loyal to their
people, who will enlighten them.

Mr. Jobarteh emphasised that 25th May marks a significant date in the
struggle of the Africans for freedom. Tracing the history of the day, he
referred to the 1958 conference of independent African states at the time in
Ghana which gave rise to Africa Freedom Day subsequently renamed African
Liberation Day after the formation of the Organisation of African Unity
(OAU) in 1963 in Addis Ababa, Ethiopia.

Madi stressed that on the occasion of this important date we need to reflect
on our achievements, constraints and challenges, and the way forward. He
conceded that the Addis Ababa vision has not been translated into reality by
the first generation of African leaders. He urged the gathering to focus on
Pan Africanism and African Unity. Mr. Jobarteh indicated that we have been
burying our heads in the sand for 40 years; that Pan Africanism and African
Unity has been declared by circumstances as a demand that can no longer be
ignored.

He contended that it is the people who can liberate themselves; that our
dream of unity will never be fulfilled by the leaders; that the people
themselves are the ones who can make African unity a living reality; that
the people should be conscious and be ready to remove irresponsible leaders
and replace them with good and responsible ones. He added that there is a
need to provide information to the African masses so that they can actively
involve and participate in the unification of Africa. He challenged the
African elite to pay their debt to society by being loyal to their people,
standing by them and enlightening them.

Finally, he intimated that political parties should serve and enlighten the
people; that a genuine political party lives and works for the people,
stands by the people and fights for their rights.

The next speaker was Mr. Paul Sam who dilated on the topic: Smash
Imperialism – Build Socialism and Pan Africanism. Mr. Sam started by
greeting the gathering in the name of all people oppressed all over the
world. He indicated that Pan Africanism is a product of the worldwide
struggle of the oppressed and exploited people of the world.

Mr. Sam indicated that in 1963 thirty-one states identified 25th May as a
day for rallying support for the Pan African struggle; that black
revolutionaries must work for Pan Africanism; that African leaders who took
over from the colonialists had betrayed the hopes of their peoples. He
opined that the present security, economic and political crises in Africa
are partly caused by a bourgeoisie core of African intellectuals who because
of miseducation and selfishness connive with imperialists to exploit their
people.

Despite the sad picture of the continent Mr. Sam said that there is no need
to despair; that Africa is still rich citing examples as follows: Zambia and
Democratic Republic of Congo (DRC) are world copper giants while Nigeria and
Libya are oil giants. He quoted the West Africa magazine January 2004
edition, which revealed that Nigeria has a capacity of 40 trillion cubic
feet of natural gas, which can light each home in Nigeria; that 53 % of
world mineral resources are in Africa.

Mr. Sam called for an end to the relation of exploitation between Africa and
the imperialist west which is caused by our leaders submitting themselves
and their nations to become mere producers of raw materials for imperialist
industries and buyers of their manufactured goods.

Paul insisted that only Africans can liberate themselves; that the UN is
aware of our exploitation but does not express it; that the IMF, World Bank,
ICM and IBA are tools of imperialist conditionalities, which are detrimental
to our development. He emphasised that it is time for us to review the
colonial legacy including our education systems and languages, which were
created precisely to facilitate our subjugation.

He stated that from independence to 1970 there had been 25 coups on the
continent; that this was primarily caused by imperialist interests and their
African collaborators; that it is time to end this conspiracy and
exploitation of our continent.

Finally, he argued that once we stop the exploitation of our continent
imperialist nations will be forced to face their own working class which
will eventually open another phase of the worldwide struggle of the
oppressed and exploited people of the world; that this development will be
advantageous to our continent.

The next speaker was Mariama Ceesay of the Pan African Forum who spoke on
Women and National Development. She started by saying that the involvement
of women in the development of Africa cannot be overemphasized. She
indicated that African women face triple exploitation: as women, as a class
and as Africans.

She asserted that women should be educated and take their rightful place in
the development of our nations; that women have contributed to the
development of the world and Africa citing examples of sheroes like Titina
Sillah of Guinea Bissau, Mawina Kouyate of USA and Satang Jobarteh of The
Gambia.

Since women constitute about 50 % of Africa’s population she strongly argued
that we couldn’t develop if women are left behind. She called for women to
lead the struggle against imperialism in collaboration with their male
counterparts.

Mariama asserted that it is women who can end their exploitation in society;
that they should be united and defend their rights and lives; that Africa
shall never be free if the women are not free; that this freedom can be
attained through empowerment. She indicated that women have been at the
forefront of the liberation struggle in Africa citing as examples Titina
Sillah of Guinea Bissau and Josina Machel of Mozambique.

Finally, she said that women should free their minds, take their destiny
into their own hands and be untied in the struggle since the struggle for
women liberation is an integral part of the struggle for African liberation.

In her contribution, Amie Sillah, a journalist, educationist, politician and
women activist indicated that youths need to get voters’ cards; that it is
their power and that the people are the makers of history, not the leaders.

She emphasised that we should learn about ourselves and acquire knowledge to
be able to do our part and leave a legacy behind since life is transient.

Amie revealed that society is characterized by the exploitation of women,
which should be combated and eradicated. She explained that this
exploitation is done in the name of culture and religion. She cited various
categories of women who suffer exploitation such as working class women,
disabled women and women living with HIV/AIDS. She argued that we should
promote the positive aspects of our culture and discard the negative
aspects.

She said that women are victims of polygamy, woman-to-woman violence and bad
traditional practices. She made a clarion call for an end to the
exploitation and oppression of women in the name of culture and religion.

Dwelling on the African situation, she indicated that we should not despair;
that we have all the resources; that our problem is leadership; that we
should be enlightened and elect good leaders.

Finally she asserted that we should be determined to weather all forms of
suffering in the struggle no matter what form it may take.

The last speaker was Halifa Sallah, National Assembly Member for Serrekunda
Central and member of the Pan African Parliament.

Mr. Sallah started by asserting that when knowledge was the sole property of
few we searched for leaders who would speak on our behalf; that now that
knowledge is the property of all we speak for ourselves.

He gave a graphic description of an alien being maltreated indicting African
countries and governments for treating Africans from other countries as
foreigners.

He indicated that people talk about Africa but ask what Africa they
referring to and where that Africa is?

He asked whether it is the Africa of the people or that of the leaders who
have personalized the continent’s resources and occupied state houses, walk
on red carpets and feel proud in watching their dancing women and children
who are the wretched; is it the Africa of the ancestral Savannah, of the
proud warriors, killing women and children and subjugating the masses and
living a luxurious life at their expense.

He questioned whether the cry for a socialist Africa is a fashion or a
vision. He stated that Africa had greater leaders whose voices echoed the
concerns of the people; that these leaders were labelled as agitators,
rabble-rousers, communist sympathizers, etc. “Eventually, they were cut down
by imperialist conspiracy and their voices left and silence overtook the
continent.”

Mr. Sallah said that the leaders of the African peoples do not have a voice
because they do not own themselves; that they have freed themselves from
imperialists control but argued that there is no need to be fatalistic
because the people have a voice. He cited an example, when the US invaded
Iraq, that our leaders were silent but Nelson Mandela spoke out condemnation
and his voice was respected because it is the voice of truth.

He asserted that we live in an era of the people and not of the leaders,
where people will take charge of their destiny, unchain their voices and
speak from their hearts; an Africa where the people will speak the truth
that their leaders dare not say. He emphasised that with awareness,
organization and action, the people are invincible; that all is not lost
because the people are in control of power.

On the relevance of the African Union (AU) to the Pan African struggle he
opined that the AU could only be meaningful if the African people are fully
liberated and choose good leaders. He revealed that the AU’s creation is a
phase and is not sufficient. He contended that our pride should not reside
in creating institutions, which would just be talking shops for reactionary
leaders, but rather it should reside in working towards ensuring that the
African people live in liberty, dignity and prosperity.

He traced the history of Pan Africanism to 1900 when the first Pan African
conference was held which called for solidarity among Africans and people of
African descent through identity formation which is based on a common
identity to create a united people.  Mr. Sallah said that the first Pan
African congress was held in 1919 in France because the African had paid
blood fighting on behalf of imperialist France through the efforts of Blaise
Diagne of France; that this congress organized by people like W.B Dubois
called for the right to self determination and the right to own their land,
and creating an Africa free of exploitation.

Mr. Sallah emphasised that the African people must own the Pan African
vision explaining how the African heroes and sheroes were undermined,
accused, detained, humiliated and in some cases killed to dampen our
struggle for liberation. He asserted that by 1945, the concept of African
unity had become evident and an Africanism had taken a foothold after which
people like Nkrumah returned to their home countries to wage the struggle
for self-determination. After a protracted campaign of arresting and
detaining of the leaders of the struggle for independence, the will of the
people prevailed because they (the colonialists) came to realise that
suppressing the leaders could not lead to the suppression of the people.
Eventually, elections were called and Nkrumah won while in jail. They had to
release him and in 1957 Ghana became independent under his leadership.

On the current international economic order, Mr. Sallah stressed that the
issue of socialism and capitalism is not one of sentiments; that it is time
for the Pan African struggle to take the form of an intellectual battle to
prove what is workable and what is not and stop the sloganeering. He
contended that Africa cannot follow the capitalist road because we lack
capital accumulation over centuries that the imperialist west has through
subjugation of the rest of the world; that Nkrumah’s vision of United Africa
with an African investment Bank is the way forward for Africa; that this was
why Nkrumah declared in 1957 when Ghana became independent that the
independence of Ghana was meaningless unless it was linked to the total
liberation of the African continent.

He dwelled on the three phases for self-reliance; that is production of raw
materials and agricultural produce, processing and making the machines for
the means of production. He maintained that these phases are prerequisite
and should be combined; that this is what Nkrumah started in Ghana
immediately after independence. Students were sent abroad to study science
and technology and upon their return worked on the industrial development of
Ghana in preparation for the African revolution. He explained that Ghana
developed nuclear energy well before South Africa and after the 1966 coup
the first thing they did was to destroy that structure. Unfortunately,
detractors misinterpreted Nkrumah’s show of solidarity to Guinea Conakry
during their rejection by France by donating £10 million to them.  Nkrumah
was portrayed as an overzealous leader trying to be the king of Africa.

Mr. Sallah lamented that Africa has few scientists and too many bookish
intellectuals, which is our tragedy as a continent. He called for Africans
to shift the debate on to economics and other major issues and develop a
critical mentality about our conditions. He revealed that the OAU was a
compromise of Nkrumah’s vision of African unity; that leaders at the time
were not interested in creating a untied continent but merely in being
presidents of individual countries and living in luxury at the people’s
expense.

Mr. Sallah said that after 40 years of independence the African continent
has 340 million people living in abject poverty; that this sad situation is
caused by imperialist machination who cut down genuine leaders like Patrice
Lumumba and yet present themselves as human rights advocates, defenders of
freedom and examples of civilization.

On the AU, Mr. Sallah clarified that the 9th September Sirte Declaration was
a recollection of what had been expounded by Nkrumah on African unity; that
the AU is a creature of circumstances, of necessity vis-à-vis the situation
in Africa. He called for the people to lead; that then the leaders will
follow; that it is time for the people to end their blind trust in their
leaders. He asserted that we need a knowledge-based Africa, where the people
will create a movement, which will apply pressure on leaders to do what they
want. Mr. Sallah stressed that when that happens, “Africa will rise like a
star in the constellation of nations. In the words of the visionary heroes
and sheroes of Pan Africanism.” Mr. Sallah concluded that then we can
breathe a new air of liberty, dignity and prosperity.

After the speeches, there was a question and answer session in which people
from the floor raised questions and they were answered. The symposium was
punctuated by delivery of solidarity messages from the floor.

The call to action (commonly known as vote of thanks) was delivered by Musa
Bah, a member of the Pan African Forum. The symposium was chaired by Amadou
Taal and ended with the singing of the African Youth song.



Hardship Increases in Soma

As the Streets are “Cleansed” of Vendors

During the town cleansing exercise last week, the decision was taken by the
commissioner, council chairperson and the police commissioner to evict all
the food and fruit sellers on the roadside. Few days after the cleansing,
police were seen evicting many of these vendors including the cafeterias
where many of the businessmen used to have their morning and afternoon
meals. This has caused food shortage all around Soma, for the vendors have
decided to stay away from work. When I asked some of these vendors why they
are not selling, I was told that the place they are given is not even part
of the market and in fact it was where people used to urinate and the
council did not even bother themselves to organize this area.

Bread sellers were also evicted from their places causing all their bread
supplies for that day to dry up for there was no chance of selling. This had
also forced the bakers to go on strike and for two days now bread is scarce
in Soma, causing shopkeepers to travel to Kwenella, Bureng and Jappineh in
order to get bread.

The controversy came when some of these vendors were on Sunday seen back at
their places. According to reports when the Police asked, the reply was that
they were asked by the Chief Yaya Jarjusey to come back to their places.
However, they were asked by the police in Soma to comply with the previous
decision taken by the commissioner and council members.

A collector at Mansakonko Area Council told me that this decision had really
caused the council to lose revenues amounting to D200 that he collects every
day. Many other vendors like charcoal sellers; second hand clothes sellers
and many others expressed their dissatisfaction in the way they are treated.





What is Responsible for the High Cost of Rice?

According to reports emerging from the President’s dialogue with the people
tour indicate that President Jammeh and SoS Singhateh claimed that the
government couldn’t reduce the price of rice because it does not determine
the world market price.  This prompted me to interview a number of
Businesspersons to inquire about the world market price of rice.
Information gathered from them indicates that the CIF value has been
fluctuating between $200 and $230 per tonne or $11.50 per bag since 1984.

The sources further indicate that two factors are mainly responsible for the
skyrocketing of price namely the fall in the value of the Dalasis and the
increase in the rate of Tax amounting to 17.5% paid to the Customs on every
consignment of rice.  Sources further indicate that this tax excludes
handling charges (1.10 Euros per tonne or D2.00 per bag).

To support their argument the sources further indicate that in 1984 rice was
sold at D31.00 per bag when the Dollar used to be exchanged at the rate of
D2.00; in 1986 D35.00 when the Dollar was exchanged for D2.50; in 1994 D120
– D125 per bag when the Dollar was exchanged for D7-D8.00.  They argued that
the greater the devaluation of the Dalasi the higher the price of rice.  One
source pointed out considering a price of $230 per tonne the cost of a bag
of rice would be D414.00 at the seaport of the Gambia.  When taxation and
other expenses are taken into account, including labour and storage the
price per bag is bound to be high.  This source further revealed that when
interest on credits is also taking into account the total cost per bag at
current exchange rate is D426.00.



Comment:  Well, the retail price of rice is D550.  This gives a difference
of D124.  How much does the Importer or Retailer get?  Who gets the lion
share of the profit?

Anyway the point at issue is that there is no reason why Gambia should not
be self-reliant in rice and stop importing rice.



The President’s Tour

It is a constitutional requirement that the president tours the provinces at
least twice each year to meet and discuss with farmers. It is important for
the electorate to know what he says. We shall be reporting what he says and
what transpires in this column. This will give the electorate the
opportunity to evaluate whether response to questions, queries and
criticisms are mature or childish.

In this issue we report on the president’s meeting in Farafenni.

The president started by explaining that his trip was delayed because he had
promised them that he would not come until he was ready with the good news
he was coming to deliver. He told his audience that now that there is oil in
The Gambia their hardship would soon be history.

He claimed that while in Njaba Kunda he was informed that when the people
approach some secretaries of state, those very secretaries of state would
tell them that Jammeh’s regime is the cause of their hardship. He vowed to
jail any secretary of state he finds talking like that. He promised to send
anyone who fails to do things the way his government works “will join Baba
Jobe in his hotel”.

Mumine Hydara, the Chairman of the Transport Union complained to the
president that some drivers were taken to court for lack of lights and
subsequently fined D2000 upon conviction. He reminded the president of the
contribution of his union towards the tour which amounted to D10,000 and the
use of the vehicles driven by the Transport Union drivers. In response the
president assured him of his support for his union and expressed his anger
towards the police for ensuring the conviction of drivers for lack of lights
for their vehicles. He described their action as unlawful and unfair. He
promised to find out the police officers that did this and once known he
will sack them.

President Jammeh promised to construct all roads. He also told his audience
that his visit to NAWEC in Farafenni should testify that lack of electricity
would soon be history.

He called on all to go back to the land so that we will not be buying rice.
He claimed that those who answered to his call are not buying rice today.

He argued that he has paid school fees for the girl child, built roads, a
television station, a university and many other things, yet the opposition
says he has not delivered. He claimed that the opposition always wishes the
country bad. He reminded his audience of the days when “the enemies of
peace” would say “Jammeh will not be able to pay salaries after six months.

He opined that after his departure opposition elements would come to tell
the people that what he said was untrue. He challenged the opposition to
come to one of his meetings and tell him that he is the one responsible for
their hardship. He pointed out that the price of rice couldn’t be reduced to
D300 because the world market price exceeds D500. He said that it is the
people themselves who created their economic hardship because coos and goats
are not imported but today their prices are high.

He cited instances when he gave cattle to some youth to sell so that the
poor could afford to buy meat, but according to him these youth sold the
meat at exorbitant prices and later absconded with the money.

He also blamed the youth for not acquiring skills, noting that all skilled
workers are non-Gambians.

He called on the people of Baddibu to desist from their “isolation” and join
the APRC.

He described the discovery of oil as an ALIHMADILILAHI project but he was
quick to caution Gambians that if their attitude does not change foreigners
will benefit from the best part of our oil. He claimed that it is only in
The Gambia that foreign settlers would naturalize. He further claimed that
this shows that Gambia is the best in the sub region. He pointed out the
need for people in Baddibu to change, alleging that this is how they can
benefit from government projects.

Other speakers included former SoS Lamin Kaba Bajo, SoS Singhateh and
national mobiliser, SoS Jahumpa. All three campaigned for APRC support.
Lamin Bajo said that the people should thank god for being able to buy rice
at D600 because of the unavailability of rice in previous regimes. SoS
Singhateh told the gathering that very soon three new ferries would be
commissioned.

The meeting, which looked more like an APRC campaign, rally rather than a
meeting between president and farmers was shrouded with fanfare.



  ISSUE No. 45/2004, 7-9 June, 2004



Editorial
DIALOGUE WITH THE PEOPLE OR QUARREL WITH THE PEOPLE?

(THE URD EXPERIENCE)



Reports received from URD reveal that many people did not come out to listen
to what the president’s entourage had to say.

Apparently, the president took the opportunity to indicate that the people
of URD are reaping the calamity that their deeds have sown. He emphasized
that the next phase of Operation No Compromise will deal with the Mayors /
Chairpersons of Councils and Directors.

After the meeting many people called the Foroyaa Office to express their
disappointment. We emphasized to them that they should listen to everything
that a president says; that the most ignorant citizen is one who puts off
his or her radio or TV whenever one hears the president talk. The presidency
is not a private property. It is a position of public trust. The person who
occupies the position should always be fit to speak on behalf of the people.
If a person occupying such a position fails to use a language that can earn
the satisfaction of the people, he / she simply confirms that he / she is
not a genuine servant of the people. Instead of being angry the people
should just wait for the day of elections and cast their vote for the person
whom they feel has respect for them. This is what a sovereign republic
requires. Any time a leader stands on a platform to speak one should see
oneself to be in the box to defend one’s mandate before the judgment of the!
people.

If the people are fully conscious they should be able to weigh the words and
pass their judgment on whether the leader is worthy of public trust or not.

This is the first tour of the president after the general economic and
political crises which gripped the APRC. People should listen very carefully
whether he is explaining the reason for the economic hardships, the crisis
of maladministration and other ills associated with his government and how
to handle it. If he fails to do so one should recognize that he is driving
himself out of office. One thing that Gambians should avoid is being
occupied with discussion on any castigations made of the people. People
should feel too good to repeat any comments made that are not line with the
public interest.





HALIFA SALLAH ON JARRA WEST SEAT
Asked to throw light on the Jarra West seat Halifa Sallah said that I cannot
say anything on the process that is on even though I am the Coordinator. No
one has given me the mandate to speak on behalf of the Coalition on this
particular issue, which is under discussion.

At the moment each of the representatives of the Coalition partners can use
his / her discretion to state how he or she see things but the best thing is
to wait for the common view which will come in the form of a press release.
I am limited as a Coordinator to speak on certain developments until
mandated to do so. People will soon be informed about the Jarra West seat.
All I can say is that a healthy discussion on how to put the fundamentals of
the Coalition in place is on. I am sure when the appropriate time comes a
spokesperson will be appointed to communicate to the press.  This is a
confidence-building period. There is no need to jump the gun in giving
information before mandate is given.



Bar Addresses Court on Mai Fatty Today

Senior Members of the Gambia Bar Association are to come to the defence of
Lawyer Mai Fatty when they address the court today on the eligibility of
Lawyer Mai Fatty to continue representing Abdoulie Sonko in a treason trial.

This trial, which is full of controversy, has taken another turn.  Earlier
in the trial, the then counsel for Abdoulie Sonko, Lawyer Ousainou Darboe
had to quit when the trial judge, Justice Paul, insisted that the trial
proceed on Monday, Tuesday and Wednesday each week, while Mr Darboe
maintained that he had to attend to other clients.  Now, the focus has again
turned away from the accused to his current defence counsel Lawyer Mai
Fatty.

The controversy arose when DPP Akimoyae Agim questioned the eligibility of
Mai Fatty to continue representing Abdoulie Sonko at the treason trial last
Tuesday.

On Wednesday, when the judge in Abdoulie Sonko’s treason trialcalled on DPP
Akimoyae Agim to address the court on whether Mai Fatty is eligible to
continue representing Abdoulie Sonko, DPP Agim informed the court that the
prosecution will no longer address the court on the matter. The DPP however
proceeded to make the follwing remarks. He first noted that the prosecution
would want it to be on record that it is not opposing Fatty’s appearance in
the case, but that it has simply drawn the attention of the court in good
faith to the fact that a case file has come to the state law office querying
the standing of Mr. Fatty as a Legal Practitioner to be challenged on the
basis of certain allegation of crime concerning his degree certificate.

However, DPP Agim went on to state that the prosecution is of the view that
the proceedings on the treason trial should wait the result of the police
investigation file, noting that the prosecution wanted to draw the court’s
attention to the aforesaid development so that in the future it will not
appear that the accused has no legal representation.

“If the court is minded to go on with the case, it is fine.  If the counsel
in question wishes to continue, it’s fine.  It is left with the accused.  It
is in that regard that my lord thought we should address you”, he remarked.

The DPP held the constitution and was going to refer to it when Surahata
Janneh butted in.  Surahata said himself, Antouman Gaye and Ousainou Darboe
came to court to represent Mai Fatty, but since the DPP has decided not to
address the court, he would appear as an Amicus Curia (a friend of the
court).  Surahata posited that Fatty was neither charged nor convicted.

At this point, Justice Paul asked Surahata whether he had not spoken to
Lawyer Omar Njie who was sitting in the bar.  Surahata responded that he had
spoken to Omar Njie.  Justice Paul pointed out that Omar Njie was in his
chambers in morning and they had discussed the matter at length.  Lawyer
Omar Njie informed the court that he had discussed the matter with Darboe
and Gaye, but not with Surahata, because the latter was in another court.

Mr. Darboe stood up to say that even though Omar Njie had told them that, he
Justice Paul said Mai is not on trial, they feel it was essential for them
to come to his defense, because the fact that his eligibility to continue to
represent Abdoulie Sonko is being challenged, makes him the subject matter.
Mr. Darboe pointed out that Fatty is very much in the centre of the
controversy.

When Fatty was asked to make his point, he said he couldn’t elaborate on
whether he will continue to represent Sonko.  He said the Bar would speak on
his behalf.  The Bar is expected to address the court on the matter today.



When Justice Stands on its Head, Part 2

In Issue No. 38/2004 we reported on the inquiry into the allegation of
misconduct and possible misappropriation at the Brikama Magistrates Court.
It goes without saying that the constitution gives the judiciary the heavy
responsibility of maintaining justice. However when justice stands on its
head it will direct its sword to the innocent and use its shield to protect
the guilty.

In this issue we continue with the report on the inquiry.

Misconduct

One issue that came to the fore during the inquiry is misconduct by the
Magistrates. Evidence shows that cases are reviewed by the Magistrate, which
leads to the eventual release of prisoners contrary to law. The power to
review a case as far as Magistrates are concerned lies with the Chief
Justice and no Magistrate is ever vested with the powers of review. Yet
evidence shows that it was a daily occurrence for the Magistrate to release
a prisoner on the wrong premises of his power of review. It is also clear
from the evidence that release of prisoners through those so called
reviewing powers were not made in the name of justice, equity or good
conscience, but for pecuniary reasons.

The cardinal rule is that once a judgment is delivered the Magistrate can no
longer deal with that case.  In fact he no longer has any jurisdiction. This
simple rule it appears has not been adhered to in the Brikama Magistrates’
Court. According to evidence a police officer at Yundum Police Station had
on two occasions alerted the attention of his senior  about the appearance
of prisoners in Mr. King’s office who were supposed to be behind bars. When
the Magistrate was confronted with these facts, he said he had used his
powers of review to release them, but the evidence is that these people have
paid money to obtain their release.

Falsification Of Records

The portrayal of a strong image of a Judge who is very hard on criminals and
imposes punitive sentences seems to be a ‘façade’. It is simply a mirage to
fool the public because the pronouncement of swinging fines and punitive
sentences do not correspond with police records or court verdicts. What the
evidence shows is that these harsh orders when pronounced are recorded on
top of the file covers and there it ends. Mr. King never gives judgment
records; he has his own special files where judgments are kept which are
never given to the Clerk for filing. The pronouncements are used as a form
of invitation to the accused and their families to open bids to pay for the
release of the accused. Hence in most of the files there is no written
judgment but orders such as ‘suspended sentences’, ‘acquitted and
discharged’, caution and discharged or simply ‘judgment delivered’ which
give no clues as to what has actually taken place because the records are
falsified.

There is ample evidence that money is paid to Mr. King and chattels given to
him by people who were made to understand that their cases will be dealt
with swiftly but that turned out to be a mere ploy to lay hands on the money
and the properties without any intention of dealing with their cases. The
case of Alkalo Jadama who is reported to have paid Mr. King D60,000 and
Famara Kujabi who is reported to have given him a bull are instances in
point  whereby  money is received  and cases were not heard.

Evidence also shows that apart from money, Mr. King accepted chattels from
litigants. The case of Famara Kujabi vs. Jung Conteh is a case in point. Mr.
Famara Kujabi gave Mr. King a bull and the President’s Driver offered him a
cow, (he has never got time to collect it). Evidence indicate instances
where Mr. King had duped litigants by accepting their money with a promise
that he will deal with their cases speedily, but in fact he knew he was
going to leave the jurisdiction soon and had no intention to hear those
cases but had accepted the monies. An instance in point in the case of
Alkalo Jadama vs. Hassan Zeitun. In this case, the plaintiff Mr. Jadama paid
Mr. King D60,000. He gave him an adjourned date. Before that date Mr. King
left the jurisdiction.  And indeed Famara Kujabi suffered the same fate.

Courtroom Behaviour

Mr. King’s courtroom behaviour can also be regarded as unprofessional and
unbecoming of a member of the bench. Evidence showed that members of the
public are often degraded and humiliated. One recalls the evidence of his
Orderly who gave account of how Mr. King would refuse people to go out of
the court when nature calls, or if you sit in his courtroom cross-legged or
come into his court with a rosary (tasbiu). If any one of these rules is
transgressed the culprit will be forced to sit onto the bare stone step
leading to his high chair facing the public.  And this treatment is meted
out to anyone, male or female, old or young. The report considers this
treatment degrading and humiliating.

Evidence point to the perpetual presence of the Daily Observer journalist,
Mr. Sidiqui Asemota at the Brikama Magistrates’ Court and running errands
for Mr. King. Evidence also shows that it was he who collected the bull from
Famara Kujabi for Mr. King. It was also he who was given the package of
money; by the relatives of third accused, Yai Marie Faye to give to Mr.
King, in the case of IGP vs. Baboucarr Badjie and two others. The report
does not indicate whether Sidiqui was invited for questioning or not.  The
report considers him to be the one supplying the oxygen in the air of
publicity surrounding Mr. King’s unsolicited sermons and stunts.

The report says the task in this inquiry is to state as objectively as
possible those facts, which are clear and beyond controversy regardless of
the consequences to the individual. It is not the job of the enquiry to
determine the guilt or otherwise of professional misconduct or moral
turpitude. It will be for the Judicial Service Commission, the General Legal
Council or the Gambia Bar Association as the competent bodies to determine.

The report recommended that each Magistrate’s Court be provided with
accounts personnel based at the Magistrates’ Court. This should include
provincial magistrates’ courts. It further recommended that until such time
this mechanism can be put into place fees and fines paid at the police
stations should be paid to the sub-treasury soonest. In this way loss of
revenue in the scale already experienced could be averted.

The Judicial Service Commission rejected Mr. King’s letter of termination of
his contract and he was invited to come back. Magistrate King’s failure to
come back or to even write to the media to give his side of the story does
not help to clear his name. If he fails to do so his image will forever
remain tarnished.



UNIFICATION OF AFRICA IS A POSSIBILITY

The guest speaker at the celebration of Africa Liberation Day (ALD) at the
Gambia College, Halifa Sallah dwelling on the topic, The Unification of
Africa is a Possibility said that Africa could be unified if Africans change
their attitudes towards themselves. He said that Africans should realise
that the continent belongs to the people and not it’s leader; that each of
them is sovereign; that each should raise his/her consciousness; that the
future of the continent depends on the level of consciousness of the people.
He emphasized that the people are the embodiment of change; that they are
the VIPs.

Mr. Sallah said that Africa would rewrite her own history. “Not history
written in words but in deeds. He said that “history is a summation of
deeds,”

Mr. Sallah added that Africans failed in interpreting the history of Africa;
that that is why Africans lost the essence of being Africans. He said that
when Africa was under colonial domination Africans were subjected to
disrespect, exploitation and discrimination. He said that Africans were
deprived of ownership of their own land under colonialism and those abroad
were subjected to alienation and racism.

He continued to say that Africans were indoctrinated which made many believe
they are ugly; that Africans were associated with monkeys, chimpanzees, etc.
“Many were told that Africans live on trees and in forests.” He said that in
those days young Europeans feared Africans; in Africans the young Europeans
saw a beast. He indicated that the conscious at the time protested against
racial discrimination and called for solidarity among Africans to combat
racial discrimination.  They held the first Pan African Conference in 1900
to build unity among the African people to fight for their collective
self-respect and self determination.  He said that once Africans became
conscious and organized they moved to the African continent to work for the
Independence of Africa.  He emphasized that the struggle for the liberation
of the contine! nt was a Pan African struggle, that this is why Nkrumah said
during the Independence commemoration of Ghana that her liberation was
meaningless unless it was link to the total liberation of the continent.  He
explained that the Pan Africanist aimed to establish a continental bank
where each county will deposit their contribution so that it will serve as a
financial facility just like the World Bank in order to support projects on
the continent.  He indicated that this was the only way Africa could combine
the three faces of economic development that is production of raw materials,
processing and the building of machines.  He pointed out that the amount of
money kept in Swiss Banks by African dictators could have been kept in the
African Bank for the development of the continent.  He noted that 51 years!
ago the World Bank had only 11 billion Dollars contribution but was able to
build a 285 billion Dollars financial empire; that the wealth squandered by
Moboto and Abacha combined is almost equal to 11 billion dollars.  He said
the future of Africa does not lie in the promotion of micro-nationalism.  He
said most countries in Africa are like the Gambia; they are suffering from
trade deficits and debt crisis; that Gambia exported 73.7 million Dalasis
worth of goods last year and imported 4 billion Dalasis worth of goods thus
experiencing a trade deficit of 3.9 billion Dalasis.  He said that
development projects depend largely on loans, which has increased to 20
billion Dalasis.  Thus requiring the country to pay 75% of its budget
equivalent to 1.5 billion Dalasis out of a total of 2 billion Dalasis as d!
ebt service payment.  Hon. Sallah said this is unsustainable, that this is
why Pan Africanism is still required to ensure the emancipation of the
continent on the basis of the principle of collective self-reliance. As long
as African Leaders want to occupy State Mansions and work on red carpets
whilst the people continue to be born in poverty live in poverty and die in
poverty it will be difficult to promote Pan Africanism and eradicate
micro-nationalism.  This will continue to bring about the suffering of the
African people who would be discriminated in their own homeland thus
rendering the slogan Africa for the Africans at home or abroad wishful
thinking.  He said that this is why Africans are being arrested detained and
deported from one African country to the other, be it Gambia or Angola.

He concluded that Africa’s 340 million poor need not be gripped by despair.
He said the building blocks of liberation started with awareness and its
realization came with unity.  He said the power of knowledge and
organization provides the basis for liberation.  He said once the African
people recognize their individual powers and their collective power through
unity and awareness they will create the type of leadership who would unify
the continent so that the people can live in liberty, dignity and
prosperity.

Another speaker at the celebration was Ousman Saine, the President of the
Pan-African Students Association at the Gambia College, who dilated on Unity
for the Possibility of Unification.

Many other speakers include Mariama Ceesay and Jallow from Pan-African
Forum, Mr. Khassim Touray, History lecturer at the Gambia College and the
former President of the Pan-African Student Association, Ebrima Ceesay.
Momodou Conteh chaired the celebration, which was attended by students and
lecturers of the Gambia College.



Dialogue with the people tour, Part 2Basse Meeting

In his ongoing tour of the provinces, President Jammeh could not conduct a
meeting as scheduled in Basse due to the rains. However he addressed a
gathering of his supporters the next day at the Basse Youth Centre. The
president said he had done a lot for Basse but the Basse people failed to
vote for him in the last elections and they can now see what is happening to
them, as every year heavy storms would blow their houses and some would lose
their lives. He noted that in spite of this he would continue with his
development work for the area, as he put it “I have a lot for Basse”. The
President blamed his former closest friend, Baba Jobe with some unscrupulous
people with whom he was doing business as being responsible for price hikes.
“I established the YDE purposely to stabilize the prices of essential
commodities but Baba Jobe and some very unpatriotic people including some
youths were using the proceeds to enrich themselves. This is why I locked
him and! if I see anyone sympathizing with him I will send you to where he
is.”

Some people who were sacked were alleged to have been sacked on my
instruction. That was never true, just as in the case of your chief, Modibo
Njie, I was never aware of his sacking until he was brought to me by the
Deputy Army Commander. The people behind these problems are Baba Jobe and
Modou Soma Jobe together with some very foolish elders who want to make all
chiefs in URD to be Sarahulleh, this will stop soon. They would tell me that
you must get the backing of the Sarahulleh for anything that you want in
URD, that has to stop, what about the other tribes?”

Speaking earlier, the secretary of state for Trade, Edward Singhateh, also
made the same statement. He said Baba Jobe was working with some very
unscrupulous people who have inflicted hardship on the Gambian people and
this is why the president had to lock him up. He alleged that there are
people in the meeting who were selling YDE rice and they were aware of what
they were doing, but he promised to deal with them. He claimed that they
know that they were changing the bags of the rice, removing them from the
YDE bags into other bags to sell them at high prices. “I am hot and I will
soon start mentioning their names. Should I call out their names?” he asked
the audience who then responded “yes”. The president laughed and said,
“Sings, (meaning Singhateh) you have released a bombshell but don’t call
their names.” Singhateh continued to say that the people he was talking
about were there and they knew themselves. He added that they are elderly
people but yet ! were still bent on doing bad things. “My president do you
know that sometime back I received a delegation from URD who came and said
to me they heard that I was in trouble with the you. … I told them to go
back that night because I think they were on a false mission and they are
capable of spreading lies and rumours.



Other speakers included Aja Mariama Jaw, councillor for Basse who told the
President and delegation that there are three factions within the party in
Basse. There are those who are in the party who are there for their purses
and selfishness. The second faction are those who are in the party for
positions; they spread lies and would not entertain any other person joining
the ranks of the party for fear of losing their positions. The third faction
are those who are 100% supporters of the party and are ready to work with
you day and night for the development of the country. She went on to say
that Basse for the past 7 months was without electricity but when the
president came to Basse he brought electricity with him. She expressed the
hope that he would not take back the electricity on his return. The
president interjected to say “you have no electricity in your town because
the councils have not been paying their bills and arrears that your council
owes NAWE! C now amount to more than 8 million Dalasis. How do you expect
NAWEC to buy fuel? But I am telling all the Area councils to settle at least
half their arrears on or before the end of September or I will send you all
where Baba Jobe is,” he emphasized.  He said that there is no place in this
world where electricity is free except Kanilai and that belongs to him he
concluded.



Aja Mariam Jaw then said our other problem is that the condition of the road
to Banjul, it is easier to travel to USA now than from Basse than to Banjul.
People will spend three days on the road when travelling to Banjul and we
saw the road being maintained just because you are coming. She ended up by
thanking the president and his delegation. The other speakers were Alhaji
Omar Khan Commissioner URD, Kebba Suso, Alhaji Korika Jallow, and Youth
Leader Dodou Malang, all of who spoke of the high prices of commodities and
the factions within the APRC. They also heaped praises on the President and
delegation.

Honourable Momodou Selu Bah chaired the meeting.

For the information of the Reader, the Generator which was brought by the
President for his use was seen being taken away in a NAWEC Truck.

Batch Faye’s Murder Case Continues

The murder trial of Batch Samba Faye resumed at the Banjul High Court before
Justice Paul.  Testifying before a crowded court room, defence witness,
Souna Ngum, a regular night club goer who claims to be a dramatist and
dancer, testified that Malick Njok John, the deceased, was continuously
beaten by a mob on 6th December 2003 even though he was bleeding profusely
on the ground.

Recounting what had happened Miss Ngum stated that Njok had a problem with
one Kebba and Batch Samba Faye, the accused intervened to tell the deceased
that Kebba is his brother.  He said the deceased later held the shirt of the
accused and dragged him outside the club.  She said the deceased broke a
Coke bottle on the head of the accused.  She said the deceased held the
broken bottle and pursed the accused person.  She pointed out that the
accused took something from his pocket and wanted to stab the deceased, but
the deceased hit the hand of the accused and the object broke.  She said she
did not know what the accused held in her hand.

She pointed out that during the brawl, people who hated Njok intervened and
started hitting him behind, however she was quick to point out that she
could not recognize those who were beating the accused.  She said many
people were beating the deceased and that she did not know what they were
using to beat him.  She said people continued to beat the deceased even
though he was bleeding on the ground.  She noted that she did not know
whether the people who were hitting the deceased whilst he was standing were
those hitting him whilst he was lying on the ground.

Lawyer Chernor Marenah put it to the witness that in her statement to the
Police, she had informed the Police that it was the accused who chased the
deceased after he was hit with a coke bottle, the witness replied that she
did not see any such thing, nor did she say so.  Lawyer Marenah further put
it to the witness that she had outlined in her statement to the Police that
it was the accused who stabbed the deceased with a weapon, the witness
denied saying that.  Lawyer Marenah further put it to the witness that in
her statement to the Police, she never mentioned that she saw people hitting
the deceased, the witness replied that she wanted to tell the Police but the
Police asked her to restrict herself to only Malick Njok and Batch Samba
Faye.  Mr. Marenah asked the witness whether she would be surprised to know
that Batch Sam! ba Faye never mentioned in his statement to the Police that
the deceased was beaten by a mob, the witness was quick to point out that
the accused was not present when the mob lynched the deceased.  Mr. Marenah
told the witness that she had stated in her statement to the Police that
five to six soldiers were present when the deceased was being lynched by the
mob, the witness denied stating so.  The witness’s statement to the Police
was tendered in evidence by Lawyer Marenah, and it was admitted and marked
exhibit K.  When the witness was asked whether the name and signature on the
statement belonged to her, she responded in the affirmative.  Lawyer Marenah
further put it to the witness that all she told the court is a slanted
version of what took place on 6th December 2003, whilst noting that! she is
tainted witness who have grudge against the deceased.  But the witness
denied this charge.

The witness admitted that the deceased had confronted her on several
occasions, noting that he had beaten her once.  She said the deceased used
to confront her whenever he desired.  She said she knew the accused person
when she was five years old.  Miss Ngum informed the court that she is an
illiterate, noting that she had informed the Police that even though she did
not know what they have written, she is going to tell the court the truth.

The case continues.



GAMWORKS SIGNS D88, 457, 129. 00 CONTRACT WITH CSE

The Gambian Agency for the Management of Public Works (Gamworks Agency) on
Friday signed a nine months contract with Compangnie Saheliene D’Enterprise
(CSE) for the reconstruction of the Banjul roads and drains, the
reconstruction of the second batch of KMC roads and the completion of
Brikama car park. The signing ceremony took place at the Gamworks conference
hall. The contract shall be financed under the Poverty Alleviation and
Capacity Building Project (PACBP) for a cumulative sum of D88, 457, 129. 00
(eighty eight million one four hundred and fifty seven thousand one hundred
and twenty nine Dalasis).

The Director General of Gamworks, Mr. Ebrima Cham said that Gamworks has
been involved in the execution of a number of infrastructure projects such
as markets and car parks, which generates revenue for councils, schools,
roads and water supply projects.

He said that the project is jointly financed by the World Bank, the
government of The Gambia and by counterpart contributions from
beneficiaries. He stated that the contract is very important and, therefore,
urged the contractor, CSE, to ensure that the works are executed in
accordance with quality and cost that has been agreed upon and completed in
the period of 9 months. He said that the agency has worked satisfactorily
with CSE before and they expect that the CSE will perform well on this
contract. He also urged the cooperation of the public and all stakeholders
during the construction of the works and apologized for any inconvenience
caused.

Mr. Mam Nyang, who spoke on behalf of the Department of State for Local
Government and Lands, said that the rehabilitation of these roads and drains
in Banjul is a positive sign for the people of the city in terms of their
well being and health. He opined that the ceremony is a clear manifestation
of the company’s involvement in the socio-economic development of the
country.

The Mayor of BCC, Mr. Pa Sallah Jeng said that the signing of this contract
is a positive development that will improve Banjul’s infrastructure. He said
that he was informed that the drains would be built with basalt; that the
first drains were there since colonial days and that this will be exciting
news for the people of Banjul. He stated that it was brought to his notice
that some levels of the drains are higher than the primary drains; that this
is why they could not have a smooth running in the sewage. He advised the
contractors to take note.

Mr. Musa Balla Cham of the Brikama Area Council (BAC) who spoke on behalf of
the Chairman of BAC said that the car park was tendered since last year but
they were very lucky to be beneficiaries this year.

Mr. Modou Falou Ndow, the Acting Municipal Engineer of Kanifing Municipal
Council (KMC) who spoke on behalf of the Mayor of KMC said that the
contractors should help them with quality roads; that roads without drains
are useless.

The Gamworks Technical Director, Mr. Omar Gaye said that the contract is
about providing good roads in the Greater Banjul Area and car park for BAC.
He said that they hope to satisfy the beneficiaries and hope to achieve
their goals.

CSE Representative, Mr. Modou Sowe said that they hope to live up to
expectation and complete on time.

Baboucarr Dibba, Gamworks Programme Manager, PACABP delivered the vote of
thanks. Mustapha Kebbeh, a board member of Gamworks, chaired the signing
ceremony.

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