Question to anyone,
Can President Jammeh be called to testify in open court, or in any other way?
Musa JEng
Joe Sambou wrote:
> -------- Original Message --------
> Subject: Foroyaa Newspaper Burning Issues
> From: "Amie Sillah" <[log in to unmask]>
> Date: Fri, March 5, 2004 11:14 am
> To: [log in to unmask]
>
> Foroyaa Newspaper Burning Issues
> Issue No. 17, 26-29 February, 2004
> EDITORIAL
> THE PRESIDENT, NAWEC AND THE WATER CRISIS
> In 2003, the president of the Republic expressed his dissatisfaction in
> the way NAWEC was being managed and decided to take over the energy
> portfolio. People felt that when a whole president of a state takes
> charge of any matter nothing could go wrong. People accompanied the
> president from the ports and danced to the drum as he received new
> generators. Power cuts in the urban area were seen to be a problem of
> the past. In fact, the president spoke about rural electrification and
> promised the nation that if the rural areas were not electrified there
> would be no July 22nd celebrations. The target was not achieved. The
> celebrations continued. The power cuts continued while the bills also
> continued to increase. Appliances have been major casualties of the
> deathblow or abrupt drops in voltage. In 2003 NAWEC increased its
> tariffs. The tariffs on water were increased by 40% while that on
> electricity was increased by 70%. The people have been paying but power
> cuts remain. When the government took a loan of more than 500 million
> Dalasis from the Import-Export Bank of Taiwan to finance the network
> expansion project the people were told that the transmission lines were
> rehabilitated, that the 500 million Dalasis will be utilized to change
> the old transmission lines. Most people saw this as the end to their
> trouble as far as shortage of electricity supply is concerned. This work
> is supposed to be completed no later than March 2004 if the promises of
> the government are to be relied on. In the same vein, one should have
> expected a gradual improvement of services. To our surprise, the services
> are deteriorating even though generation and transmission capacity have
> increased. The situation reached a crisis stage when water shortages
> increased. This is mainly due to lack o! f adequate supply of electricity
> to pump the water. Many people in the urban areas no longer have wells.
> Those who have cannot maintain fresh water supply because of proximity to
> latrines. However, taps remain closed and are sometimes opened during odd
> hours when people are supposed to be asleep. With all these shortages the
> government has informed the Gambian people that NAWEC is experiencing a
> liquidity problem and that "the outlook for 2004 would require further
> tariff adjustment." The irony is that the president is on a fund raising
> campaign for the 2006 presidential elections. One would have thought that
> the best way to campaign for elections is to put an end to the
> electricity and water shortages. Now that the president is responsible
> for energy we do not want anybody to say that he is not aware of the
> electricity and water shortages. The whole nation is waiting for his
> action. Mr. president, are you still responsible for NAWEC? If so, why
> are you sparing yourself from the electric broom? The nation is expecting
> you to hold a press conference to explain what the problem is!! Baba
> Jobe’s Trial
>
> Part 17
> The Majority Leader of the National Assembly, chairman and chief
> executive officer of the Youth Development Enterprise (YDE) Baba Jobe on
> Monday 23rd February 2004, was called in to the witness box to give
> evidence on the six count charge of economic crimes against him and
> others before Justice MA Paul. Examination Of Baba Jobe By Lamin Jobarteh
> Q: Name?A: Baba K. Jobe.
> Q: Address?A: Kololi.
> Q: You are also House Majority Leader and Member for Jarra West?A: Yes.
> Q: You are also the chairman and CEO of YDE?A: Mr. Jobe, apart from being
> a member of the National Assembly and chairman/CEO YDE, did you ever hold
> any office for this government? A: Yes.
> Q: Can you tell the court the position?A: I was first of all an under
> secretary in the office of the chairman of the former AFPRC and personal
> aide from 1994 – 1996 and after the elections I was assistant secretary,
> office of the president until 2001. Q: Can you tell the court your role
> during these periods?A: To assist the president directly and the
> government with its budget particularly with regards to Libya?Q: Can you
> briefly outline how and the reason for the formation of YDE?A: YDE as a
> youth development enterprise was formed in 1995 to enhance the
> affordability of essential commodities as a stabilizing factor of basic
> food commodities to the Gambian people, as a means of poverty reduction
> and further to empower the youths. My role is to see to it that these
> policies of YDE are implemented as set out by its financier, the
> president of the republic of the Gambia, Yahya Jammeh. Q: How were you
> able to implement those goals or policies as set out by the president?A:
> I was able to do that with the officials of the government especially
> with the finance secretary, Famara Jatta and the then permanent secretary
> Bammy Jagne. By a gentleman’s agreement all the policies of YDE were made
> known to the SoS for Finance and the PS as set out by the sponsor and
> financier, the president, so that at any time there is some thing to be
> done by the government, either the SoS or the PS will act. Q: When you
> say to stabilize essential commodities what do you mean?A: When our
> consignments came and there is the need to stabilize the prices below
> normal prices in order to make it affordable to the poor Gambians, we sit
> with the authorities concerned and discuss on how that pricing could be
> done below the CIF price or values. In return it was part of the
> gentleman’s agreement that government as part of its contribution drops
> all duties against YDE. This is why by the agreement government is to be
> giving out duty waivers at any time we have new consignments. This was
> how we were operating from inception to date. Q: Can you name some of the
> officers that you normally sit and do this pricing?A: The secretary
> general office of the president Alieu Ngum, Famara Jatta, the SoS of
> Finance at the time, the permanent secretary, department of state for
> finance, Bammy Jagne and myself, of course. We get instructions from the
> president. Q: How was the question of duty waivers addressed by
> government?A: By our terms of reference YDE had agreed with government
> that finance would give out duty waivers on quarterly basis as part of
> its contribution towards poverty reduction programme. Q: From the
> inception of YDE to the commencement of this case did government ever
> request you to pay for duties?A: Never. Q: Do you know why?A: Because of
> the gentleman’s agreement.
> Q: Can you tell the court how YDE started its whole operation, citing one
> of the cases that gave rise to the none payment of duties for goods up to
> date?A: In 1995 I brought a shipment of tractors, trucks and Butimen from
> Libya amounting to 5 million dollars for which the government, GPA and
> Customs did not make request for any duty payment. Shown a bunch of
> documents ranging from single entry forms, invoices and bill of lading
> and asked if those are the documents for the said shipment. Mr. Jobe
> answered in the affirmative. Counsel Jobarteh applied to tender them. The
> trial judge ask the defence; what relation the said shipment had to do
> with the activities of YDE for the periods in question before the court,
> that is, 2001 – 2003. Mr. Jobarteh said the aim of the defence is to lead
> evidence through their witness to show how the lack of duty payment
> started to the period in question before the court, to the time when the
> three accused persons accepted to pay. The DPP then rose up to object the
> admission of the documents, citing the Evidence Act, which indicated that
> evidence has to be in line with the matter in court. Secondly the DPP
> opined that the witness is bringing in the issues to show that he is more
> philanthropic than the president and since it was the president who gave
> out tractors to the farmers, the DPP further submitted that the court
> must not admit the documents as the aim is to discredit the president.
> Mr. Jobarteh in his reply cited sections 6,7 and 9 of the Evidence Act
> and page 179 of Justice Assan Jallow’s Law on Evidence in the Gambia,
> which talks about evidence having relation or connection to the case in
> hand either in history or the present form, that the said document in
> question is bearing the name of the second accused Baba Jobe and his
> address from where the whole operations of YDE started in 1995. Secondly
> that the witness has led in evidence, his role as both under assistant
> secretary office of the president and his personal assistant and his role
> as the man in charge of YDE from 1995. M. Jobarteh then urged the court
> to dismiss the objection of the prosecution and accept the documents. The
> DPP in his reply to the defence’ citations cited section 16 of the
> Evidence Act which says that there is no similarity between the evidence
> on the document and the matter before the court. In his ruling Justice
> Paul ruled that even though there is no relationship between the said
> documents and the case before the court, the court would accommodate the
> defence to continue its evidence on the document. The trial judge further
> indicated that the power to admit a document lies with the court and it
> is the court that decides the relevance of document. Counsel Jobarteh
> then continued thus:
> Q: What is the document about?A: It is about a consignment of goods from
> Albahani Company, Libya to Banjul, office of the chairman AFPRC and for
> my attention. Mr. Jobarteh again applied to tender the said documents.
> The DPP objected, citing section 3 of the Evidence Act. Mr. Jobarteh
> insisted on the sections of the Evidence Act he previously cited. The
> court rejected the documents and they were marked rejected. Q: Apart from
> the issue of importation of essential commodities did YDE do anything
> with the government?A: Yes, we were involved in crop financing the
> cooperative federation in 1998/99 to the tune of 5 million dollars when
> the dollar used to be 9 – 10 Dalasis. The court again asked the relevance
> of the evidence in connection to what is before the court. The witness
> Baba Jobe replied, My Lord it looks as I as an individual has been
> accused of ruining the whole economy of the Gambia single handedly. He
> further questioned how can he do that. Jobarteh , Counsel examining the
> witness told the court that to stop them from leading evidence of the
> previous activities of the accused persons is like stopping them from
> giving evidence. The court then consented with the defence. Then Mr.
> Jobarteh continued to say that the issue of crop financing came to the
> YDE from the financier, the president when the government was unable to
> deliver its promises to the farmers to buy their produce. Q: Any other
> thing that YDE was involved in on behalf of the government?A: The
> transportation of Cuban doctors for the state department of health. Q:
> Any others?A: YDE was also responsible for the purchase of the whole
> fleet of transports in the name of YDE ahead of the 2001 presidential
> elections. The president said they were needed by the APRC party and
> government. Q: Shown a bunch of documents and asked what they are?A:
> They are insurances and the list of the fleet of transports bought by YDE
> for the period 2001 as requested by the president. Q: Do you know what
> happened to most of those transports?A: They are in government
> departments; other state institutions, individuals and APRC party
> officials. Mr. Jobe at this stage said that it is unbelievable to hear
> that YDE did nothing. He asked whether a body that did all what it had
> done for the government can be said to have done nothing. He said YDE had
> been working hand in hand with the government and even asserted that YDE
> is the fourth arm of the government. Mr. Jobarteh then tendered the
> documents of and the list of the YDE vehicles. The DPP further again
> cited section 3-subsection (1) of the Evidence Act and objected on the
> basis of their relevance and connection to the case. He further urged the
> court to reject the documents. Mr. Jobarteh for his part urged the court
> to admit the documents since the transaction for the purchase of the
> vehicles were done by YDE in 2001. The court then dismissed the objection
> and marked the documents as AA109 to AA157. Mr. Jobarteh then asked the
> witness Mr. Jobe to look at exhibits 109 and tell the court the total of
> vehicles. Q: What is the total value of the vehicles?A: By their unit
> price it is 2.2 million dollars. Q: With whom did you discuss the need
> to purchase them?A: The president. Q: Can you tell the court who is in
> custody of at least one of them?A: the former director general of customs
> Ousman Mboge. Q: Did you pay any duty to either the customs or GPA on
> those vehicles?A: Not at all. Q: How were they purchased?A: They were
> purchased from TK motors based on an agreement between TK Motors and YDE
> on credit basis. YDE was supposed to pay by installment. Q: Did you
> honour that agreement with TK Motors?A: Yes.
> Mr. Jobarteh showed another bunch of documents to the witness and asked
> what they are for?A: They are in respect of APRC party’s 2001 election
> materials. Q: What is their total value?A: US$428,980.
> Q: Was this a loan to APRC from YDE?A: No. Since both the YDE and party
> belong to the sponsor, the president, he requested and we provided it.
> Q: What amount did you say was involved in the 1998/99 crop financing?A:
> 5 millions dollars. Q: Shown a bunch of receipts of payment for the
> amount from a federation of cooperative societies to the accused Baba
> Jobe and asked what they are for?A: They are monies we paid to FACS for
> their conduct of 1998/99 crop marketing. They were tendered. The DPP
> objected on the ground that the matter before the court is only for 2001
> – 2003. He questioned their relevance. Mr. Jobarteh insisted that they
> are important but the court rejected the documents. Q: Mr. Jobe what is
> your reaction to the charges for the offence that you made an agreement
> with the government?A: Actually I disagree with the charges simply
> because there was a gentleman’s agreement between the president as the
> head of government and myself. Yes we all know there was some thing wrong
> some where, it is because of that we as a group at YDE agreed to pay. But
> if not the whole agreement was between myself for YDE and the government
> on the other hand through the former SoS for Finance and his PS. Q: Can
> you cite one commodity price that was reached between YDE and the state
> officials?A: Rice for D350 in Banjul and the same in Koina. Q: If you see
> the copies of invoices on YDE importation will you be able to identify
> them? A: Yes.
> Q: Shown one and asked for identification?A: They were confirmed to be
> those invoices. Q: The DPP objected on the same grounds. He was
> overruled. The documents were admitted and marked AA158 – AA182 to
> replace the photocopies tendered for ID purposes through the first
> prosecution witness Mr. Buba Senghore. Q: Did YDE officials ever show
> these invoices?A: Yes, there was a day after Buba Senghore and Buba
> Baldeh returned from their reconciliation trip to the customs. Mr.
> Senghore told me in my office to ask for the invoices, that he gave them
> to Mr. Senghore. Upon his return he told me that the customs officials
> said they do not need them since they would use the customs own
> indicative values. Q: Prior to the information you got from Buba
> Senghore and the letter that followed it did any body ever ask you for
> duty payment?A: Never. Q: What do you do when you have a consignment?A:
> We apply for a direct delivery. Buba Senghore takes it directly to the
> former director general’s office, Ousman Mboge who contacts the
> department of state for finance. It is reported to me by Mr. Senghore,
> then I go to the SoS for finance and the PS. This is how matters stand
> from 2001 to 2003. Q: Do you know the present DG of customs?A: Yes.
> Q: Who is he?A: He is Momodou Kaba Tambajang.
> Q: Did you ever visit him since he took over?A: Yes. When he took over I
> visited him to introduce the policies of YDE to him and the D500,000 YDE
> paid to the customs through one Veronique. Mr. Jobe then said he was
> completely dismayed when the Customs Department gave evidence and failed
> to tender the receipt of that payment and any other document. He said
> further that Mr. Tambajang informed him that up to that date no such
> documents or any document on YDE had been shown to him. Q: As
> chairman/CEO did you ever meet the former DG Mr. Mboge on this matter?A:
> No. Q: Did you ever meet Mr. Deen of GPA?A: Yes, there was a day when Mr.
> Deen called me on Saturday that he would like to meet me. I agreed and he
> came with one Ismaila Bojang the credit manager. We discussed the need
> for YDE to pay for what they called outstanding dues to GPA. I asked why
> they have not been asking for any payment from YDE. Mr. Deen said because
> of the system he inherited. He then suggested that they would provide me
> with clearing agents for all of us to benefit. I told them already YDE
> has one. The case was adjourned till 24th February 2004
> Famara & Co To Appear in Court
> Whereas President Jammeh’s "operation no compromise" continues to drag
> the latter’s chums to court, Baba Jobe’s team of Lawyers consisting of
> Lamin Jobarteh and Edward Gomez have embarked on what could be described
> as operation "sieve the chaff out of the wheat". This operation, which
> aims to unearth the truth in the ongoing trial involving their clients,
> targets high-ranking government officials as possible witnesses. The team
> of Lawyers has recently summoned some witnesses to appear in this trial.
> They consisted of Bammy Jagne, former Permanent Secretary Department of
> State for Finance and current Gambian ambassador to the United States,
> erstwhile Secretary of State for Finance and now Governor General of the
> Central Bank, Famara Jatta, former Governor of Central Bank, Clark Barjo
> and the Secretary General, Office of the President, Alieu Ngum. The
> aforesaid people are expected to appear in court soon.
> Treason Trial Of Abdoulie Sonko
> Sonko To Be Provided With State Counsel
> At the previous proceedings the court had given Abdoulie Sonko time to
> look for another legal representative since Mr. Darboe had withdrawn from
> the case when the court insisted that the trial must proceed on three
> days in the week. Hence when the case was called, the trial judge MA Paul
> asked Mr. Sonko what development had taken place. Abdoulie Sonko informed
> the court on his status and then explained the following: "My Lord I have
> met with my family but they have informed me that they were unable to
> provide me with a lawyer." He then pleaded to the court thus: "My Lord
> based on this reason I am appealing to your lordship to use your very
> good office to reduce your three days hearing to two days to allow Mr.
> Darboe to continue with my case." State counsel, Mr. Marenah opposed the
> application, noting that since Mr. Darboe had announced his intention of
> withdrawal from the case there is no need to talk about trying to bring
> him into the issue. Mr. Marenah then urged the court to provide the
> accused with a lawyer through the office of the master. The DPP also
> added that where an accused is unable to get a legal representative the
> responsibility becomes that of the court. He cited a law and urged the
> court to proceed and provide the accused with a counsel. The DPP further
> went on to notify the court that the matter is very serious since it
> deals with treason. The matter was adjourned for two weeks, till 9th
> March 2003 to allow the office of the master to provide the accused with
> a counsel.
>
> Help STOP spam with the new MSN 8 and get 2 months FREE*
>
> --
> Chi Jaama
> Joe Sambou
>
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