Foroyaa Newspaper Burning Issue
Issue No. 90/2006, 18-22 October, 2006
Editorial
THE NEED TO END DETENTION WITHOUT TRIAL
A new chapter is necessary after the election. The Point has hammered on
this in its past issues.
What does a government gain by having on record that a family man or woman
is under detention at one station or the other only to sit one day and release
the person? Can you imagine the trauma of the family, the waste of resources
in going from one place to the other, the loss of productive hours in
sitting in one place indefinitely. Where is Chief Manneh? Why is Buba Jammeh still
held?
These are issues that the government should settle with speed.
Take the case of the headmaster of Kudang Lower Basic School who was
arrested since 13 September 2006. He is deprived of his right to vote. To some
people these comments appear to be insignificant. However, one should always put
oneself in the position of the other. This is when one appreciates the rights
of others. Who would want to be separated from one’s family for more than a
month? Is this not subjecting the family to unhappiness and mental torture. If
no newspaper mentions such things, could a person not be forgotten where one
is detained for very long time.
We hope that the President is reading the papers and is taking those in
charge of the security and law enforcement agencies to task.
These whose loved ones are under detention should write petitions to the
Attorney General to request for him to intervene. We hope the A.G’s Chambers
will establish a unit for the pursuit of Justice with speed by administrative
intervention rather than overburdening the courts with cases that could easily
be prevented. Justice delayed is justice denied. The speediest form of
justice is to prevent injustice by complying with the dictates of law and best
practice.
BUNJA DARBOE AND CO CASE TRIAL WITHIN TRIAL COMMENCES
By Fabakary B Ceesay
The treason trial involving Captain Yaya Darboe and others by a court
martial continued at Yundum Barracks on Saturday; the trial within trial commenced
on Saturday and Abdoulie Sowe First Class Detective 1580, the first
Prosecution witness, testified that day. He told the court that he was on the
investigation Panel which was set up to investigate into the March 21st coup. He said
that on that date, Captain Yaya Darboe was brought before the Panel and was
asked about his knowledge, role and involvement in the coup. He said that,
Captain Yaya Darboe briefly explained to the Panel his role and involvement in
the coup. Detective Sowe posited that he was instructed to obtain a cautionary
statement from Yaya Darboe. He narrated that, he took Yaya to a different
office and got him seated him before himself. He said he showed the cautionary
statements to the accused person and then read the cautionary warnings to
him, that anything, he said will be taken down in writing and will he used
against him in court. He noted that, he then introduced the independent witness,
Tijan Bojang, to the accused person. He added that, the accused person wrote
his own statements without any force. He said that the accused signed his
statement, noting the statement was also signed by the independent witness and
himself. He said the statement was later filed.
During cross examination, defence counsel, Borry Touray, asked the witness
whether he had watched the television broadcast pertaining to the statement of
the accused person, and whether that TV broadcast did not demoralise The
Gambia armed Forces. The witness replied that he has watched the TV broadcast,
but in his opinion, that broadcast cannot demoralise the Army. Counsel Touray
asked him whether he is aware of the removal of the 2nd accused people from
Mile 2 to the NIA headquarters to prepare his mind for a statement he was to
make on 23rd March. The witness replied in the negative, Borry Touray said. “I
am putting it to you that you have offered an inducement to the 2nd accused
that if he confessed, he will be used as a state witness, and on the 21st
March, when the accused was brought to the NIA, he was received by an officer
who introduced himself as the hell manager and that the hell manager told
Captain Yaya Darboe, welcome to hell fire.” The witness replied that he did not
ask the accused person to confess and that he has no knowledge of the said hell
manager. Counsel Touray, put it to him that “Captain Yaya Darboe was
assaulted by several officers at the NIA, all wearing black and that he was forced
to kneel down.” The witness replied “not to my knowledge.” At this juncture,
the acting DPP, Emmanuel Fagbenle, argued that, the defence was going too
far. Continuing his cross-examination, Counsel Touray, put it to the witness
that at the time of recording the statements from the accused, two armed men
were standing over the accused. “There was no armed officer standing over him,
but one standing at a distance, for my (Abdoulie Sowe’s) protection, the of
the accused and that of the independent witness,” PW1 said. Lawyer Touray put it
to the witness that adequate security arrangements were made during the
interrogation, and that the presence of an armed personnel was a threat to the
accused person. He also put it to the witness that the two armed security men
were telling the accused, “Don’t waste our time, say as we want it.” The
witness replied, “Not at all in my presence.” Touray further put it to the
witness, that the two armed men were warning Captain Yaya Darboe to learn from the
lessons meted out on Captain Wassa Camara and 2nd Lieutenant Faring Sanyang,
who were bleeding from wounds at the time. He also put it to him that the
accused, Yaya Darboe, was having a swollen left eye that left him blind from
that sight. He added that the two armed men were warning the accused to
remember what they did to him on his eye and that the accused was taken to RVTH for
treatment on his eye and that he surrendered his medical papers to the
witness and he (the witness) put the medical papers in a file. The witness replied
that he had no knowledge of any swollen eye on the accused and that he had
not taken any medical paper from the accused person. “I’m putting it to you
that, there was no independent witness present at the time of taking the
statements from the accused, and that the independent witness, Tijan Bojang, is an
under cover agent for the NIA.” He further asked whether, he knew Tijan
Bojang before this exercise. Detective Sowe replied that an independent witness
was present, but that he did not know him personally, and that he had no
knowledge of the witness being an NIA agent. Counsel Touray further put it to the
witness that “the accused was intimidated by telling him that his phone had
been tapped and that all the communications he was making were recorded and
transcribed and that he should confess you also told him that there were
transcripts before you, which contained the information from his phone.” Sowe
replied, “ Not at all.” Mr. Touray, concluded by telling the witness that, “Mr.
Sowe apart from your name and occupation, you are not telling the truth but
merely securing your job,’ he replied, that he is saying the truth and only the
truth.
Another counsel, Lamin S. Camara asked the Prosecution witness to tell him
where he found the independent witness, Tijan Bojang, and where the witness
came from. Detective 1580, Sowe, said that the witness was brought to him at
the Panel and is said to have come from the same village with Detective 1835
Lamin Cham (Sukuta). Counsel Camara, further asked the witness whether the
independent witness is a literate and which language he speaks apart from
English. The witness replied that that, the independent witness is educated and that
he speaks the language of his tribe, that is, Mandinka. Mr. Camara, further
asked the witness whether he was present when the independent signed all the
documents. He replied that he was present but cannot tell if the independent
witness has signed all the documents. Camara also asked him whether the
independent witness was notified of what he was coming to do. He replied that, he
first introduced the accused to the witness and told him that he was to
witness the making of a cautionary statement by the accused person and that the
statement would be used against the accused person at the court.
Defence counsel Lamin K. Mboge asked the witness whether he had cautioned
the accused before obtaining the statement from him and whether the cautionary
statement was obtained before the voluntary statement, he replied in the
positive. Defence counsel, Mboge asked the him, “Where did you caution the
accused person and where did the Panel sit?” He replied that he cautioned the
accused at the Major Crimes Unit and that the Panel was seated at NIA headquarters
in Banjul. Going further, Mr. Mboge, asked him, when he obtained the
voluntary statements from the accused. He said on 19th April 2006. He further asked,
why do you have to wait up to 27 days to obtain the statement from the
accused?” He questioned whether accused person gave his cautionary statements at
the presence of the Panel. Mr. Sowe, replied that the accused was not the
only person they were to obtain a statement from and that the statement was
obtained in the presence of the Panel members. Mboge asked him, how many
panelists were present and how many armed officers were present at the Panel. He said
that he can remember detective Lamin Cham was at the Panel but that there
were no armed officers at the Panel. “You will agree with me that all the
Panelists who interrogated the accused were all security officers and that the
independent witness was not present. Mr. Sowe pointed out that, the Panelists
were all security officers but that the independent witness was present. “I’m
putting it to you that, you are cooking up a story and that the independent
witness was only called to put his signature on the statement but was not
present at the time the statement was taken.” Detective Sowe, replied, “All I
know, is I’m speaking the truth, nothing else but the truth.” Sitting was
adjourned till Tuesday 17th October.
GOVI CELEBRATES WORLD WHITE CANE DAY
By Ebrima Dibbassey
The Gambia Organisation of the Visually Impaired, GOVI celebrated World
White Cane Day on the 15th of October 2006. This year’s comemoration was
characterised by a colourful march pass from Westfield Junction through Kairaba
Avenue and Post Office Road and anchored at GOVI headquarter in Kanifing. The
Gambia Police Band led the march pass.
This very important day, has been proclaimed to enlighten motorists and
sighted pedestrians to assume their moral and social responsibility of assisting
the visually impaired to move freely and safely in the pursuit of their daily
routine thereby contributing their quota to the socio-economic development
of their respective countries. Upon arrival at the GOVI headquarters Mr.
Mamout Mboom Touray, the Executive Director of GOVI welcomed the participants. Mr.
Touray elaborated on the significance of World White Cane Day. He said they
have been celebrating it in The Gambia to enlighten and raise the awareness
of the general public, especially road users to protect the lives of the
visually impaired. He noted that they need to stop and give chance to them on the
road wherever they are seen with the white cane. He said people with sight
problems need to be empowered to enable them play their rightful role in the
development process of their countries.
GOVI is happy to report on the strong support received from the Government
of The Gambia, the Department of State for Education (Special Education needs
Unit) the Department of State for Health and Social Welfare, the
Municipalities, the NGOs, sister Disabled Organisations (DPOs) and the Sight Savers
International. Mr. Mahammed Kora, National President of GOVI gave a brief history
of the white cane.” He stated that “White Cane” was first introduced in
1930. He said it’s very important for people to protect the “White Cane” users
and protect their lives at all times and everywhere. He said the “White Cane”
represents a touch light of the visually impaired. Therefore the general
public needs to respect it so as to enhance their integration process. Mr. Musa
Mbaye gave the Vote of thanks. He thanked GOVI Branch delegates, Media
personnel invited and members of GOVI for what he referred to as a clarion call to
up lift the social status of the visually impaired.
The occasion was chair by Mr. Alhaji A.M Sering Secka GOVI’s Honoray Life
President.
TALLINDING MEDINA “DUMPSITE” CLEARED, BUT
By Isatou Bittaye
The garbage at the dumpsite at Tallinding Medina (around the Buffer Zone)
has been collected and evacuated. It could be recalled that Foroyaa, last week,
published the complaints raised over the dumpsite by the inhabitants of the
area. When this reporter visited the area, she found out that the garbage had
been cleared and the bins which were placed there for garbage collation had
been turned up side down. She found a trailer attendant at the site who told
her that he is ordered by the KMC to guard the place to prevent people from
dumping garbage there.
He said that whenever people come with their garbage, he drives them away.
He indicated that he is normally stationed at the place from 8.00 am to 6.00
pm and at night the boys will take over from him. He further indicated that
some days back, some people came with their garbage and were asked not to
dump it at the place and they started quarrelling with them, which resulted to a
fight. He said they were later taken to the Police Station. He said he is
grappling with a lot of problems because people do not want to understand that
he is implementing an order given to him by the KMC.
When contacted, the people who live at the area, said the place is no longer
a dumpsite, but they expressed concern that people will dump garbage in the
streets if there is no dumpsite for garbage. Some people have indicated that
people have started dumping garbage at the beach side.
When contacted the cleansing service manager of the KMC, Mr. Edi Njie, said
that KMC is responsible for waste collection within the KMC region, but the
public also have a role to play in the management of waste. Mr. Edi said it is
the council’s mandate to collect waste, but people have to manage the way
they generate waste. Mr. Njie indicated that the place in question was not
meant for waste disposal, but the residents of the area decided to dump their
garbage there. He said the KMC has now decided to control the area. He said they
have collected the waste that was lying at the site.
He said that what he observed in waste disposal is that usually people
assume that it is the responsibility of children who do not know how to dispose it
properly. He lamented that the KMC is on the verge of procuring vehicles for
waste collection. He was quick to say that the vehicles would not be enough.
He further called on people to play their role in waste management and
disposal. He emphasised that the attitude of the people is a major concern in
terms of waste dumping and generation. He indicated that, the Bakoteh dumpsite is
the only legal dumpsite allocated by KMC for waste dumping. He said the KMC
has placed trailers in specific spots for waste collection.
When asked Mr. Njie indicated that K.M.C had no plan to solve the problem
for the time being until after the Koriteh.
FORMER NAWEC DUO TRIAL DEFERRED
By Bubacarr K. Sowe
The ongoing trial of Abdoulie Jobe, former Managing Director of the National
Water and Electricity Company (NAWEC) alongside the company’s distribution
Manager, Tijan Bahoum adjourned to the 1st of November.
The matter, which was expected to resume on Thursday at the Banjul
Magistrate Court could not proceed due to the absence of the Magistrate, I.I Mboto.
Foroyaa gathered that she could not make it to Court as a result of a breakdown
on her vehicle.
However, the accused persons and their defence team were present in court
awaiting the proceedings. The accused persons are standing trial on two charges
of economic crimes. Both of them had pleaded not guilty to the charges.
NADD FLAG BEARER ON THE ELECTION
Part 4
The NADD alliance relied on the explanation of the cause of the split and
further explained what it intended to do to promote liberty and prosperity. It
maintains the position that the country needed change because of the huge
defrest in liberty and prosperity.
I made it abundantly clear that the government had two sources of revenue
other than grants and loans, that is, tax and non tax revenue. I spared no
effort in explaining that the tax revenue mainly comes from import duties, 30% of
which depend on the re-export trade. I emphasised that the tax base of the
government is very fragile and very vulnerable to trade barriers by
neighbouring countries. I argued vehemently that the public corporations which should
generate dividends to provide a portion of the non tax revenue are not managed
to attain such an objective. I have made it clear that countries are being
given debt relief but Gambia is yet to be qualified for debt relief because of
unsatisfactory performance in financial management. I intimated that we had
to meet the completion point established under the Heavily Indebted Poor
Country Initiative programme to get debt relief. That our Poverty Reduction
Growth facility programmes had to be suspended and the country put under a staff
monitored programme before we could be assessed again to gain benefits. I gave
facts to show that since the AFPRC/APRC government came into being, it has
experienced budget deficits annually, which had to be partly financed by
domestic borrowing. I gave examples of a total budget deficit of 856 million in
2005, which had to be financed by borrowing. I explained that the total debt of
the country has risen to 22 billion dalasis leaving us with debt repayment
and servicing obligation of 1.5 billon, comprising more than 1/3 of our
national budget. I emphasized that the commitment made to give the Gambia 115
million dollars under the Geneva Round in 2002 was not forthcoming. I explained
that this year Gambia is conditioned not to borrow more than 200 million
dalasis to finance any budget deficit and is required to pay its arrears. I gave a
forecast that there will be budgetary cuts in the next financial year as well
as increases in taxes, which is likely to lead to growth in poverty. I had
made it clear that despite some infrastructural developments in terms of r
oads, electricity, etc, the loans, which made them possible, will have to be paid
and the cost will have to be shouldered by the consumer. This is principally
what is responsible for the high cost of electricity and high increase in
road tax. I emphasized that government statistics have revealed that 69% of the
population are living in abject poverty.
In terms of social development I emphasized that they depend on the
development of the productive base to be sustained; that without a corresponding
development in the productive base, revenue will not be generated in sufficient
quantity to increase salaries, provide drugs and books, expand employment,
service roads and so on.
I gave concrete plans of action such as the signing of a performance
contract with public corporations so that they pay annual dividends to be reinvested
in the corporations or used to finance other priority services. In this way,
no public corporation will have any obligation to meet haphazard, unplanned,
unbudgeted and unauthorized expenditures. I emphasized that a NADD
government would not need IMF conditionalities. It will establish the financial
discipline necessary to curb unauthorized expenditure, get dividends from public
corporations and mobilize the tax and non tax revenue necessary to meet
government expenditure without relying on domestic borrowing from the banking
sector. In this way the banks will have no option but to invest in the private
sector to promote private sector development. I explained that 15 billion dalasis
is exchanged in the foreign exchange market annually. That Gambians abroad
brought remittances amounting to 855 million in 2005; that proper management
could also bring us aid money like the 115 million dollars promised and debt
relief.
In short, public sector resources will provide investment in the productive
base of the public sector and private sector resources will provide
investment in the productive base of the private sector. I argued that this would
provide investment capital for fishing, mining, processing agricultural
production, utilities, construction and other services. I pointed out that instead of
buying hotels, social security funds could have built low cost housing
schemes for its members. It could have also provided short term funding for coop
financing through the Federation of Agricultural Cooperatives, which could
further maintain a managed fund for agricultural input financing at subsidized
rates. I gave concrete examples that the 345 million used to purchase and
refurbish Ocean Bay Hotel could have been utilized for crop financing which could
have enabled social security to recover the investment at a rapid rate. I
even mentioned that the hotel complex at the Independence Stadium could have
been transformed into university dormitories and support mobilized to improve
the complex to serve as a university campus. Taiwan or the People’s Republic of
China who built the stadium could easily provide such funding if we maintain
an open door and principled policy in international relations.
On the other hand, I emphasized that good governance impacts on investment
and international solidarity. I exposed the deficits in liberty in the
country. The incarceration of Duta Kamaso and Malick Mboob for months without charge
in gross violation of the 72 hours limit established for detention without
trial under the constitution was focused on. I referred to the closure of
Citizen FM, Sud FM and the dispersing of the staff of The Independent Newspaper.
I argued that a NADD administration would give full respect to fundamental
rights and freedoms and would establish human rights, women, children, disabled
and other commissions to safeguard such rights; that we will give completely
different orientation to the Police, NIA, Army and any security force so
that they will perform all their functions in accordance with the law; that
there will be complete separation between party and state and that we will be a si
gnatory to the Africa Peer Review Mechanism to ensure that all institutions
shall operate in accordance with the standards of best practice.
I emphasized that we would create a department of state for African
integration, eradicate alien ID cards and ensure that the nationals of different
African countries would build democratic communities elect their leaders who
would be equally empowered to be their inter-locators with state authorities to
address their problems.
I indicated our commitment to apply the two states one people concept in
diplomacy with all African countries starting with Senegal by encouraging
harmonious relations between the members of our executive, legislature, judiciary,
public corporations, civil societies and people in general. I emphasized that
with such policies, Gambia will be part of the heart of the African people
and the people of the world.
In short, NADD advanced a very concrete and comprehensive programme that was
heard, understood and appreciated all over the country.
These ideas increased the popularity of NADD and the massive support was
translated into popular welcome of the NADD Flag-bearer wherever we went. The
message reached everyone.
Even though, because of the split and some operational shortcomings NADD
could not consolidate its structures in the communities as originally planned,
one must admit that NADD’s message was heard by everyone.
The original plan was to divide the country into operational zones with each
executive member controlling a zone. Each zone should have been divided into
five sectors to be controlled by sectoral organisers and mobilisers. They
were to go about to sensitize and mobilize people to form NADD militant fora or
committees everywhere. This should have been done before the date of her
election is set.
However, the split deprived NADD of the human and material resources needed
to carry out these tasks at the rapid rate required because of the scheduling
of the elections to a closer date than expected.
Negotiations to overcome the split which should have enabled us to overcome
the disadvantages of time and resources did not materialize.
Hence once the flag-bearer started his countrywide tour he became so
overstretched that many places, even Western Division and KMC where the bulk of the
votes reside were relatively untouched by the flag-bearer.
Hence NADD relied mainly on its convincing message for the outcome of the
elections. It is best for me not to get into the campaign issues of the UDP and
APRC. They are in a better position to do that for themselves in their own
analysis.
What is of profound significance is the impact of the split on the UDP led
alliance.
The first impact is that it deprived them of the NADD agenda. Secondly they
were asked continuously why they left NADD. The failure to give satisfactory
answers undoubtedly added to the voter apathy or the protest vote against the
opposition.
It goes without saying that they also had to give arguments why the people
should not vote for NADD. The UDP leader made the remarks that voting for the
NADD is as good as voting for the APRC.
The campaign messages became devastating when tribe began to feature as an
instrument of their supporters. Many of them focused on the result of the 2001
elections and tried to utilize it as a confidence building mechanism to
convince voters that Mr. Darboe would win. They argued that Hamat joined Darboe
because he had the majority; that all the Fulas are supporting Darboe; that the
Manjagos are supporting Henry and that only the Mandinkas can spoil it for
Darboe; that voting for NADD is to spoil Darboe’s chance to be President.
Even if the objective, of such remarks were not to promote tribalism in the
country it had that effect.
Contrary to the expectations of the members of the UDP camp reference to
tribal alliance did not increase their support in the country, the old slogan of
the APRC were brought to life. The youth in KMC, Western Division, Niamina,
Fulladu, Nuimi began to perpetuate the APRC slogan that UDP was the party of
the disgruntled politicians and tribalists. That they were only out for
revenge and not for development.
The APRC leadership capitalized on these prejudices against UDP to tell the
youths that if they vote for NADD they will be wasting their votes; that UDP
will take over the country. On the other hand the anti Yahya enthusiasts also
maintained that if they vote for NADD Yahya will win. When GRTS broadcast
the Buba Sanyang story, the APRC cashed on it to sow the seed of doubt
regarding the legitimacy of my candidature. Hence the swing of the youth vote to
Yahya and the apathy or protest displayed by others for not voting can easily be
explained.
This swing of Gambian voters into apathy and tribal sentiments makes it
difficult to explain the outcome of the results on the basis of intimidation or
corrupt registration practices.
At the final phase of my campaign I receive reports of Mandinka speaking
youths and Jola speaking youths being insulted by their parents in the foulest
of languages for not joining tribal band wagons. Whenever I met UDP or APRC
convoys the youths will rush to greet me with the usual statement “we love you”
. However, the sentiments of their parties took control of them.
This is why at the time of my campaign I continued to emphasise that
Gambians can either be dictated by tribal or other sentiments or by truth. If we are
dictated by truth it would set us free. If we are dictated by sentiments we
will remain captives of our own deeds.
Being a part the living political history of the Gambia at its moment of
happening compels me to rethink about the time nature of the people we call
Gambians and my role as a servant aimed at promoting their liberty and
prosperity. Unlike Senegal where political leadership no longer hinges on manipulating
tribal notions to be in political office in the Gambia the canker worm called
tribalism is alive and obstinate to the missiles of clarity and civic
education. It concedes only to state power and selfish interest.
Although, I have always subscribe to the view that it is the duty of every
good citizen to be ready to die for his country and people I am no longer sure
whether I have a people that are fully convinced that they are first and
foremost a Gambian people. I am no longer sure whether I should join the group
of representatives or the group of civic educators and help to shape a new
social consciousness that can shape the sovereign Gambian social being. A
purposeful life is a battle to be relevant. Is one relevant by pursuing a field of
national duty where one is loved and disowned at the same time? How is one to
overcome such absurdity? It was common to hear the slogan in my constituency
Darboe for President, Yahya for President, Halifa for National Assembly. The
president executes to solve problems. The national assembly merely points out
the problems and the solutions but have no executive power to solve them. It
is not an irony to want Halifa in the National Assembly and not to exercise
executive power to solve the problems.
What type of son and daughter does this nation want? What type of service do
they want from them? What is the demand of the current political situation?
Is NADD relevant? Should it continue to exist? Should it perish? Should
opposition parties revisit their strategies and tactics? Should they remain
against what is the way forward for me? What is the way forward for NADD?
What is the way forward for Gambia? These are questions I posed to NADD
Executive. They are questions I have posed to myself? They are questions I am posing
to every Gambia? They require honesty and objectivity to be answered.
To be continued
MUNYAGEN ALKALOSHIP CRISIS STILL PERSISTS
By Abdoulie G. Dibba
Information reaching this reporter has it that the Munyagen Alkaloship
Crisis is still persisting due to the fact that there is no consensus over the
appointment of Tamsir Ngum Jassey as the Alkalo of the village. Talking to this
reporter, some of the villagers argued that the appointment of Alhagi Tamsir
Ngum Jassey as Alkalo of Munyagen cannot bring peace and tranquility in the
village because the Jassen do not own a square meter of land in Munyagen. “We
are farmers!” “ What would happen if the Joben family deny us their farm land
for failing to side with them in seeking their birth right?” they asked.
They asserted that Chief Jim Fatma Jobe should change his decision; even though
Ngum Jassey is his relative. They noted that he should take a decision that
would ensure peace and tranquility in Munyagen, as chief of the area.
Comments. The Drafters of the 1997 constitution had in mind the possibility
of lack of consensus on an appointment and therefore created a mechanism of
addressing such a situation whenever it arises. The section of the
constitution dealing with the appointment of Alkalo before the amendment reads:
“ The Alkalo shall be appointed in accordance with the customs and
traditions of the village, save that, where there is no consensus as to an
appointment, the office shall be filled by election.” This provision however has been
amended and replaced with the following provisions under section 59 (1) “ The
Secretary of state responsible for Local Government shall appoint an Alkalo in
consultation with the Divisional Commissioner and District Seyfo or
Chairperson of the Kanifing Municipal Council as the case may be.
Subsection (2) reads “ The Secretary of state shall in making an appointment
under subsection (1), take into account traditional lines of inheritance.”
The amendment however, falls short of building a mechanism to address the
possibility of having no consensus over an appointment. There may be numerous
Alkaloship crises waiting for redress at the Department of State for Local
Government due to this irregularity.
NIA DIAMOND CASE IN PROGRESS
By Fabakary B. Ceesay
The protracted legal battle between the state and the six ex-NIA officers is
in progress as the ninth (9th) Prosecution witness testified before Principal
Magistrate Kebba Sanyang of the Kanifing Magistrate Court on Monday 16th
October, 2006.
Continuing from his last testimony, Lawyer Borry Touray told the court that
he had accompanied the two Germans, Dr. Malhler and Nicholas Westfal to the
NIA Headquarters. He said that, he had arranged for a translator, one Mr.
Jeng, to translate from German to English. He said that he was not allowed to
enter at first but when he insisted he was later allowed. Mr. Touray narrated
that he went with the then Director General of NIA, Abdoulie Kujabi and his
Deputy and demanded that Dr. Alamin be released from detention. He said that Mr.
Kujabi told him that the diamond case is a common thing in The Gambia; that
Gambian businessmen always connive with Police to rob their European
counterparts. Touray posited that, Kujabi told him, they will use that case to set an
example; that that was why he (Kujabi) has called for the arrest of the
accused persons. “I told him that, this case is not like that, Dr. Alamin has not
conspired with any body to rob the Germans. I told him that, Dr. Alamin has
no hands in this case, Touray said.
According to him, Mr. Kujabi, told him that Dr. Alamin would be investigated
and that those diamonds are blood diamonds from Sierra Leone. “I wasted no
time to tell him that, even if they are blood diamonds, it is not the business
of his officers to take it from the Germans. PW9 asserted that, four (4) of
the diamonds were given to the Germans before they departed and the other
four (4) were given to them after their return from Sierra Leone. Going further,
he explained that, he was told he would not be present when they (NIAs)
would interrogate the Germans. He added that, the Germans called him and told him
that they were not interrogated and had returned to their hotel room. Mr.
Touray pointed out that, he further followed the release of Dr. Alamin and that
upon his release he visited him at Lamtoro Clinic, where he was admitted. He
said that, Dr. Alamin was in a wheel chair and that he was at the time
spitting blood. He noted that he had an interview with Dr. Alamin and later wrote
a letter to the Director of NIA, which was dated 9th July 2003. At this
juncture, the letter was tendered as exhibit F. He told the court that, he obliged
on Dr. Alamin, to produce the original certificate of the diamonds and also
his business certificate. He informed the court that after his letter to the
Director of NIA a Panel was set up to investigate the matter; that he also
made several contacts with Dr. Mahler on whether, he would be able to attend
the investigation by the Panel. But according to him, Dr. Mahler, said it was
not safe for them to travel to The Gambia. Mr. Touray explained that, Dr.
Mahler then prepared a long statement about his encounter with the NIA Officers,
which was sent to the German Embassy in Dakar, Senegal and the consulate in
Banjul. He noted that, the statement was translated from German to English,
which was later tendered to the Panel of investigators at the Police
headquarters.
Sitting continues on the 30th October 2006. The state was represented by
counsel A.S Umar and the Defence Council was Lawyer Lamin Jorbateh.
It could be recalled that the ex-six NIA officers were dragged to court for
allegedly robbing two Germans Dr. Mahler and Nicholas Westfal, of their
belongings and cash. The things included eight (8) pieces of diamond, two cellular
phones and cash amounting to $206,000 US dollars. The ex-officers are Lamin
Drammeh, Basiru Jabang, Lamin Sanneh, Kajali Jawara, Fabakary Barro and
Salimina Drammeh.
COURT GRANTS BAIL TO RAMBO AND OTHERS
By Bubacarr K. Sowe & Fabakary B. Ceesay
Three members of the United Democratic Party were on Tuesday granted bail by
Justice Monageng of the Banjul High court.
Ousman Jatta (Rambo), the Councilor of Bakau Ward , and Kanyiba Kanyi were
released after their lawyers informed the High Court that the detention of
their clients is unlawful. The third, Foday Bah, was granted bail in the sum of
D200, 000 dalasis and that he must provide two Gambian sureties.
However, the three applications made by Neneh Cham-Chongan ere objected to
by the state counsel, Nyaloum Sarr. Neneh Cham posited that Kanyi and Jatta
have not been charged by the state. Mr. Bah is charged with insulting the
President and is currently standing trial at the Brikama Magistrate Court.
Meanwhile, a day before this ruling was made, the trial of Ousman Jatta was
adjourned due to the absence of the state counsel, the defense counsel and
the defendant himself who was held in custody.
In the previous sitting, Magistrate Sanyang had warned the prosecutor to
produce Councillor Jatta in subsequent sittings following which he will strike
out the case. Councillor Jatta was said to have been detained by security
agents at an undisclosed location. When the case was called on Monday 16th
October 2006 before Principal Magistrate Kebba Sanyang of the Kanifing Magistrate
Court, both parties were absent. The state prosecutor, Inspector Bojang and
defense counsel, Lawyer Ousainou Darboe were not in court together with the
accused person, Councillor Ousman Jatta. The case was then adjourned to the 1st
of November 2006. It could be recalled that Councilor Ousman Jatta was
arrested and detained in June for allegedly using abusive language in public. He
was taken to court by the state, remanded in custody and later granted bail. He
was re-arrested late September and has since then been in detention.
PA SALLAH JENG’S CASE RESUMES
The economic crimes trial of the suspended Lord Mayor of Banjul, Mr. Pa
Sallah Jeng, resumed before Justice S. Monageng of the High Court, on Tuesday,
October 10th. However, the case could not proceed due to the absence of the
third Prosecution Witness, Mr. Abdul Othman, the former Chief Executive of the
Council. The state counsel, Mrs. Merley Wood said the witness was not available
as he was said to be sick.
Lawyer Lamin Camara, the leading counsel for Jeng, did not oppose the
adjournment, but he urged the court to impress on the state to bring their
witnesses so that the case could come to an end. The case was adjourned to October
17, and Lawyer Camara was assisted by Lawyer Neneh Cham-Chongan. It could be
recalled that Jeng is charged with six counts of criminal offences.
He was alleged to have, inter alia, illegally or dishonestly received per
diem payments at the rate of 230 pounds, over and above the official allowance
of 100 pounds per day and thereby caused financial loss to BCC; to have
intentionally single sourced and directed the purchase of three compactors to the
tune of D1, 500, 000, in violation of Section 45 of The Gambia Public
Procurement Regulation Act and, Section 12 of The Gambia Public Procurement
Regulations, to the detriment of the economy of The Gambia; that in abuse of the
authority of his office, he personally single sourced and forcefully directed the
BCC to pay the sum of D50, 000 for a second hand 25 KVA generator, already
installed at BCC premises without the required approval.
Jeng has since denied all the six counts of criminal charges preferred
against him.
The current Chief Executive Officer of BCC, Mr. Mustapha Batchilly, has
already given his side of the story.
CAPTAIN GANO SPEAKS OUT
By Yaya Dampha
The Gambia Armed Forces Public Relation Officer, Captain Lamin Gano, has
expressed concern over who he should ask about the fate of the detained
soldiers. In an interview, this report asked Captain Gano asked why Sergeant Buba
Mendy and Sergeant Buba Jammeh are still being detained at the NIA and Central
Prison respectively. Captain Gano said he did not know why the duos are still
detained and he did not know who I could contact.
Readers would recall that Sergeant Buba Mendy was arrested shortly after the
alleged March 21 abortive coup. He was arrested a week after the alleged
coup plot was announced, when he resumed work. According to reports, Buba was on
sick leave. Sergeant Buba Jammeh was arrested after the Freedom Newspaper
scandal. He has since then been incarcerated at the NIA headquarters in Banjul.
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