Tombong

I hope this news article clarifies the issue. You seem
to be mis-informing us of what crime Baba Jobe did
commit. This is not the time for you to start being
the DEVIL'S  advocate. Accept that your majority
leader is in trouble and this is embarrassing for the
APRC supporters. Please read the latest from the
INDEPENDENT;



Temporary Reprieve for Majority Leader Hon Jobe
Bailed, Charged Under Decree 86

The Independent (Banjul)
NEWS
November 17, 2003
Posted to the web November 17, 2003

By S.b. Camara
Banjul

The high-profile fraud case involving Majority leader
Baba Jobe is set for December 8 after lawyers on his
behalf successfully argued for him to be granted bail
after he was questioned in connection with alleged
economic crimes ranging from tax evasion, money
laundering and the issuing of a bogus cheque to The
Gambia Ports Authority. He was made to spend a cold
and desolate Thursday night in police custody and
charged with fraud under Decree 86, new section 296A
Cap 10 (amendment of the criminal code 1996).

According to the relevant section of the decree "any
person who (a) without reasonable excuse proof of
which shall be on him issues any cheque drawn on any
bank with which he has no account, or (b) issues any
cheque in respect of any account with any bank when he
has no reasonable ground proof of which shall be on
him to believe that there are funds or adequate funds
in the account to pay the amount specified on the
cheque within the normal course of banking business,
or (c) with intent to defraud, stop or countermands
any cheque issued by him shall be guilty of an offence
and liable on first offence to a fine of not less than
D10, 000 and not more than D25, 000 or imprisonment
for a term of twelve months or both and in the case of
any subsequent offence to a fine of not less than D25,
000 and not more than D50, 000 or to a term of
imprisonment not exceeding five years".

According to the ensuing section of the decree no
person shall be guilty of an offence under subsection
1 (b) in respect of a cheque, which is presented for
payment later than three months after the date
specified on the cheque for payment. Bogus cheques
allegedly issued to the GPA by Baba Jobe amounts to
D2, 288,000.65 (Two million, two hundred and
eighty-eight thousand dalasi and sixty-five bututs).

A subdued Baba Jobe appeared as first accused while a
Youth Development Enterprise confederate identified as
Baba Kanteh was recorded as second accused. The
defendants' lawyer Mai Fatty insisted on his clients'
right to bail, although the Director of Public
Prosecution Agim objected to this, advancing reasons
revolving around the uncertainty of allowing the
defendants freedom in view of their past record. The
DPP's fear was that Honourable Jobe who has a UN
travel ban hanging over his head would try to evade
justice by skipping out of the country's jurisdiction.
Agim also argued that if Honourable Jobe was granted
bail, he may use his social influence to jeopardise
the investigation of the police and may even
jeopardise the work of the prosecution, who he said
possess documents attesting to the majority leader's
tax evasion amounting to D100, 000000 (One hundred
million dalasis). He further submitted that another
document showing D168, 000000 (One hundred and
sixty-eight million dalasis) was also in the hands of
the prosecution.

However, Agim later agreed for a bail grant provided
the defendants' presence in court could be obtained
whenever the need arose. Meanwhile Defence lawyer Mai
Fatty putting forth a robust defence of his client and
why he must be granted bail, submitted that Jobe is a
philanthropist, who has contributed to the welfare of
many students. He also used the international travel
ban on Honourable Jobe to plead for some understanding
that would allow his client to be granted bail,
although Agim quickly demanded that such a travel ban
should be explained in the court. When Mai resumed his
robust defence of his client he told the court not to
forget that Honourable Jobe is the majority leader in
the National Assembly, and represents thousands of
people in such a venerable national institution. "Baba
Jobe is an innocent man until the hearings prove him
guilty" he opined. Lawyer Fatty argued that since Baba
Jobe had complied with an earlier UN travel ban
resolution, there is no cause to believe that he would
try to do anything untoward in a bid to evade justice.
He said coupled with Baba Jobe's role and status as a
leading member of the APRC executive committee "he is
also a legislator, who is a keen believer in the rule
of law".

When Justice Paul spoke, the defendants breathed a
sigh of temporary relief. Justice Paul upheld the
defence argument for bail with two Gambian sureties as
he ruled that the case should begin in earnest on
December 8 2003.

As the case was in progress, the parked courtyard was
under heavy security from armed policeman who at some
point cocked their guns as Honourable Jobe's
sympathisers grew restive and sparked a commotion.

It was during such a commotion that Lamin Fatty the
Libyan-trained personal bodyguard of Honourable Jobe
was arrested by the police for obstructing a police
officer in the course of duty. He was taken to the
Banjul police Friday afternoon but was released on
bail several hours later. As at press time Saturday,
reports suggested that Baba Jobe's home telephone
lines have been disconnected.




--- TOMBONG SAIDY <[log in to unmask]> wrote:

---------------------------------

Abdoulie,

This is an interesting article and your analysis of
the situation is very good. This case of Baba is an
interesting development. In paper and in the courts,
he is charged of owing Government about D97 million,
but this is not enough to to detain some one in police
for 24 hours. Besides, it is not him personally who
owes Government but THE YOUTH DEVELOPMENT ENTERPRISE
LTD (YDE), the YDE is a limited liability company. He
is not a share holder according to the papers at the
registrer of companies, however he is the chairman of
the board. They (YDE) have also made a payment plan to
settle the amount and have issued a some posted
cheques some of which have already cleared. He was
charged along with the Managing Director of the
company, Baba Kanteh.

Most people believe there is more to this. With what
is presented in court, he will work and pay (pay when
able), something he is already doing.

We are all waiting for more developments to come so
that we can make some sense out of this case. There
are all kinds of rumours and guess work, but only
President Jammeh knows what going on and what he is
doing.

Any how it is an inetersting political issue to debate
and analyse and as you can imagine all political
pundits in are trying to make something out of this.
Time will tell.



PEACE



Tombong Saidy






>From: Abdoul Njie
>Reply-To: The Gambia and related-issues mailing list
>To: [log in to unmask]
>Subject: Re: NEWS FLASH : Baba Jobe Under Arrest-
LEKBI
>Date: Fri, 14 Nov 2003 17:45:22 +0000
>
>Regardless of whether or not the arrest of Baba is a
ploy or
>appeasement,
>one thing that is clear is that there seem to be a
high degree of
>ambiguity
>as to the exact reason why this once revered and
supposedly
>invincible man
>has been arrested.
>
>On one hand, we hear Tombong’s mild and cautionary
explaination
>indicating
>that he is being questioned and indeed HELPING the
police, which in
>my
>opinion reminds me of the Wollof saying that “ KU
YARR SA MBOR, BALA
>MO DAN
>KEN, DAAN LA in translation “ When you train your
fighter, before he
>challenges anyone, he will challenge YOU.
>
>This clearly means that, whether Yaya Jammeh need to
first audit
>himself as
>highlighted by his opponents in numerous postings on
both the G-L
>and
>Gambia Post is just one issue amongst many. One thing
is for sure-
>Jammeh
>has now realized that this same person could cause
him his
>presidency if he
>does not do something about him.
>
>
>We also see the anti-Jammeh camp jubilating this
arrest and as usual
>dispensing rumors without toroughness and
substantiation ,and in
>some cases
>inaccurate such as the recent publicized resignation
of Isatou Njie
>Saidy
>and Singateh, but yet fail to pay attention to the
pattern, which
>for years
>has been the modus operandi of the Jammeh regime.
>
>One thing for sure is that Jammeh could very well be
given an award
>for
>mastering the revolving door policy, which in my
opinion ensures
>infinite
>loyalty from his administration. Because if one knows
that all he
>has to do
>after he/she is sacked from him job is to sit around
and wait to be
>reinstated in some other similar position then why
should the
>sophisticated
>observer even bother to take heed?
>
>I therefore think that, on one hand Baba Jobe could
very well be
>COLLATERAL
>damage in the administration’s quest to supposedly
find a solution
>to the
>poor and deteriorating economic conditions under
pressure of the
>World Bank
>if indeed this exists, which clearly lead me to also
lend some
>attention to
>his OPERATION NO COMPROMISE which he says knows no
boundary
>regardless of
>whether it is credible and fair, because it seem to
put some on the
>WHO’s
>NEXT ALERT list.
>
>If one has been following the forum carefully, is
this not the same
>person
>who is accused of human rights violation and diamond
trafficking,
>criminal
>acts and widely regarded as the one and only bold
enough to face
>Jammeh
>without fear? Therefore, if Jammeh is an astute and a
wise
>politician, it
>is NOT unreasonable for him to quickly discard him
either this time
>or the
>next time around and he better remember the seemingly
accurate
>wollof Saying
> that “ SA MBANGI DOW, DU DON SA SOPE REN” in
translation “ once a
>FOE,
>often times a FOE.
>
>
>In conclusion, it is my opinion that similar to the
cases of many
>government
>officials such as Jatta, Deen, Sillah Bai , the
recent Central Bank
>electric
>broom exercise and many others, this too will soon
and quickly be
>regarded
>as a misunderstanding, particularly when there
already seem to be
>insinuation that these bounced( Dishonored cheques)
written by Baba
>Jobe
>were postdated and to be presented at a later date-
HIS DEFENSE.
>
>
>Best Regards,
>Ablie Njie- Lekbi
>Atlanta
>
>_________________________________________________________________
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