Mose, may be our legal minds can help.  However, our history shows that our
presidents are above the law, and thus cannot be dragged to court.  Remember
the Asset Evaluation Commission of the 80s that did not include Jawara?  It
will be interesting to see what the consensus is on this one.

Chi Jaama

Joe Sambou


>From: Musa Jeng <[log in to unmask]>
>Reply-To: The Gambia and related-issues mailing list
><[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: [Fwd: Foroyaa Newspaper Burning Issues]
>Date: Fri, 5 Mar 2004 14:25:53 -0500
>
>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 &amp; 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. &nbsp;
> > &nbsp;
> > &nbsp;Help STOP spam with the new MSN 8  and get 2 months FREE*
> >
> > --
> > Chi Jaama
> > Joe Sambou
> >
> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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