Foroyaa Newspaper Burning Issues

Issue No. 10/2005, 7-9 February, 2005



Editorial

ARREST AND DETENTION WITHOUT TRIAL

The arrest and detention of National Assembly members, Imams, senior public servants, businesspersons and other family men have been a subject of discussion everywhere. The latest arrest and detention of the Imam of the Airport mosque is a clear testimony of the trend of impunity that has developed. People have expressed their bitterness but appear helpless. They want FOROYAA to explain how this problem can be overcome.

The lesson that people can draw is simple.

First and foremost, we must demystify power. Secondly, we must challenge unlawful exercise of authority to test the validity of oversight institutions like courts. Thirdly, if oversight institutions perform their duties but are defied by constituted authority there should be public outcry to expose such constituted authority nationally and internationally. Finally, the people should vote against any constituted authority which has no respect for the constitution, the laws of the country and public opinion at large.

The laws of the country on arrest, detention and trial are very clear. The limit set to the authority of the executive, legislature and judiciary are very clear.

Section 1 subsection (2) of the constitution states:

"The sovereignty of The Gambia resides in the people of The Gambia from whom all organs of government derive their authority and in whose name and for whose welfare and prosperity the powers of government are to be exercised in accordance with this constitution."

The facts are clear. The authority of government is derived from the people. It should be exercised to promote the people’s welfare. The limit in the exercise of this authority should be based on what the constitution stipulates.

In terms of arrest and detention section 19 subsection (3) states:

"Any person who is arrested or detained…(b) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the Laws of The Gambia, and who is not released, shall be brought without undue delay before a court and, in any event, within seventy-two hours."

It is therefore abundantly clear that no one should be detained for more than 72 hours without being taken before a court for judicial review.

Only a court can order a person’s detention after 72 hours in public custody without court appearance. This is the law. Anybody who violates this, even if the order comes from a higher authority, must be seen to be contemptuous of the authority of the constitution and the courts. Such a person is an outlaw, pure and simple.

In a country where there is true respect for the rule of law, the law enforcement officers are bound to listen to the dictates of the law, not the dictates of might.

All should work for a Gambia where authority is derived from the people and exercised according to the law in their interest.

SYLVA’S TRIAL STILL LINGERS ON

By Surakata Danso

The trial of the former Managing Director of Social Security and Housing Finance Corporation, Mr. Andrew Sylva, which was schedule for Thursday, 3rd February 2005 did not proceed. When this reporter asked a court official why the case did not proceed he indicated that the head of the prosecution team was before the Chief Justice on administrative matters.

It could be recalled that when Mr. Sylva appeared before the Paul commission he was asked about a standby generator owned by Ocean Bay Hotel, which is a subsidiary of the Social Security and Finance Corporation. Some days later Mr. Sylva was arrested and subsequently brought before the Banjul Magistrates Court on a charge of perjury. Since Mr. Sylva’s first appearance in December 2004, the case has been adjourned several times upon the application of the prosecution.

When Foroyaa contacted ASP Dibba of the prosecution he confirmed that he was engaged with the Chief Justice. On the next adjournment date ASP Dibba told this reporter that his office is to see the defence team of lawyers and fix a date.

GAMBIA’S SUPERIOR COURTS LACK JUDGES

By Sarjo M. Camara

The three superior courts namely the Supreme Court, Court of Appeal and High Court are having difficulties in satisfying the constitutional requirements regarding their constitution and operation.

In an interview with this reporter, Mr. B. Y. Camara, the Master of the High Court disclosed that none of these three courts meets its legal mandate to be operational. He said section 121 of the constitution states, "There shall be the Chief Justice and not less than seven (7) other judges at the High Court," but that at the moment they do not even have the minimum requirement by the constitution; that they have only six (6) judges at the High Court. The Master said that the High Court has only one Gambian born judge, Justice A. K. Savage, Justice M. A. Paul, employed by the Gambian Government, two others from the Commonwealth and the rest from Nigeria.

On the Appeal Court, Mr. Camara said that section 129 of the constitution states that there shall be a Court of Appeal with the President of the Court and not less than three (3) appeal judges constituting it but, that as at now Justice Wallace Grante is the only Gambian Appeal Court judge who is also the Provisional President of the Court of Appeal. He said the former President, Justice G. B. S. Janneh is now appointed as a Supreme Court judge. Mr. Camara informed this paper that at times they draft judges from the High Court to sit as Appeal Court judges temporarily if there is any court.

On the Supreme Court which is the last court of resort, section 125 of the constitution states, "The Chief Justice and not less than four other justices of the Supreme Court of The Gambia shall constitute the court." He said apart from the present Chief Justice, Mr. Brobbey only one (1), a Gambian judge, Justice G. B. S. Janneh sits there; that when cases are to be heard at the Supreme Court they get judges from Supreme Courts in the sub-region like Nigeria, Ghana and Sierra Leone.

He told this reporter that at the last two Supreme Court sittings they brought Justice Ali from Nigeria, Justice Wood from Ghana, Justice Mambilima from Zambia and Justice Joko Smart from Sierra Leone.

He concluded that the present Chief Justice is striving very hard to ensure that the requirements of the constitution are met regarding the constitution and operation of the courts.

WORKSHOP ON LOCUSTS

By Tombong Jadama

The Department of State for Agriculture is very much worried about the invasion of locusts in The Gambia. As the swarms are now frequently coming into the country in their millions, it appears that the department is losing the battle. What actually surprises the farmers and Gambians at large is that The Gambia was seen making preparations to prevent the locusts invasion well before their arrival but now locusts are here and we cannot remove them.

On Wednesday 2nd February 2005 a two days workshop was organised by the Department of State for Agriculture in collaboration with the Food and Agricultural Organisation (FAO) at the Wellingara Agricultural Camp, Serrekunda. Participants were drawn from all the Divisional Agricultural Offices in the country. According to sources, the aim of the workshop was to enable participants interact and familiarize with the locusts coordinators at the divisional level so as to know the problems affecting their work, especially in terms of fighting the menace. The workshop also focused on the constraints during the course of the campaign. Team leaders were also given the opportunity to highlight the dangers during the spraying like the risks involved in using the chemicals or pesticides. The workshop called the attention of donors for assistance or support in fighting the locusts.

Efforts to get in touch with the National Coordinator for the locusts campaign, Mr. Bai Secka proved unsuccessful due to the official’s busy schedule. FOROYAA will get in touch with the authorities to shed light on the issue.

INTERVIEW WITH HALIFA SALLAH

FOROYAA: You went to South Africa immediately after the signing ceremony to establish the National Alliance for Democracy and Development (NADD). What was your trip about?

Halifa: The bureau of the Pan African Parliament met to plan the next ordinary session of the parliament which should take place in March. Since I am responsible for writing the report on our trip to Darfur I had to give a parliamentary briefing to the bureau. The final report will be submitted to the parliament at the next session.

FOROYAA: Can you measure the impact of the visit of the Pan African Parliament taking that the crisis seems to be raging?

Halifa: There are many institutions of the African Union. There is the Assembly of Heads of State chaired by President Obasanjo. They are responsible for policy making regarding Darfur. There is the Commission headed by Chairman Konare. They are responsible for implementation of the decisions of the heads of state. There is the Security Council which is responsible for technical advice. All these institutions have collaborated to establish an AU mission in Sudan to promote ceasefire and negotiate settlement.

The Pan African Parliament is an oversight institution. It sent us to monitor the policies and their implementation on the ground and give advice regarding their viability or otherwise. The impact of our trip comes after we submit our report for debate by the Pan African Parliament and sent to the other organs of the AU, the Sudanese government and the other regional and national parliaments. I am confident that the report will help evoke the right thinking on how to address the Darfur problem.

FOROYAA: In your absence people like Fatoumatta Jahumpa Ceesay took a few shots at NADD. Would you like to comment on this?

Halifa: I had already given a reply through the medium she used to lodge her criticisms. I believe that most people considered my response to be adequate.

FOROYAA: In response to your comments she insisted that Jammeh will still be contesting in 2011?

Halifa: Well, that is her opinion. Jammeh has been in office since July 1994. If he were to be elected in office in both 2006 and 2011 he would have stayed in the office of President for 22 years by the year 2016. I still maintain that any president who does not subscribe to the 2 terms limit will be a pariah by 2010.

The new standards of governance being set on the continent would require being part of the Africa Peer Review mechanism before any continental office is held. Presidents must conform to democratic norms or be isolated for the monarchical or dictatorial tendencies. Any person who wishes Jammeh well should drive this lesson to him.

FOROYAA: She also said that the Alliance is being driven by one ideology?

Halifa: Politics operates at a mature plane when people on different sides of the political spectrum focus less on trivial issues and more on issues of policies and practices. I am expecting a mature intellectual response to the MOU which may try to analyse its content with the view to expose inadequacies.

FOROYAA: Is the Alliance driven by one ideology?

Halifa: Look at the decision making and technical organs of the Alliance. Each party is represented by two persons. How can any party dominate the others? For example, I am in certain committees at the level of the National Assembly. When they accept ideas from me could one say that the committees are driven by one party? Correct and sound ideas belong to all those who are willing to accept them. I have emphasized that the Alliance is based on the lowest common denominator of democratic principles that could bind all the parties without any bowing down to the other. Maturity and democratic debate enabled us to reach unanimity in views. This only confirms that NADD will be able to build an open and tolerant society where the media will convey divergent views.

FOROYAA: How do you see the continuous arrest and detention of even Imams? Is President Jammeh not trying to suppress dissent?

Halifa: One thing is clear to me. No one possesses personal power. We should condemn impunity and refuse to be cowered by it. In short, at one time Sana Sabally had equal voice with Jammeh and was feared by many. Where is he now? It is situation that gives power. Once situations change people become as humble as the situation demands. Look at the white South Africans today. Compare them during the time of apartheid. State power can be abused to dominate people. However such domination does not last and no society can build a foundation of peace, stability and security on the pillars of oppression and impunity.

FOROYAA: How is this to be checked?

Halifa: Well, I was speaking to some ANC members of parliament. They indicated that even though the opposition is weak in numerical terms in South Africa, the mature democratic institutions have given rise to a vibrant press and civil society organisation such as trade unions which wield their power to check excesses in governance; that a person high in office as the Vice President had her cut to size by the press and civil society for allegations of corruption. Hence a country need strong and viable institutions that can hold all authorities accountable. In the Gambia civil society organisations are still quiet while efforts are being made to the muzzle the press in the name of promoting responsible journalism; even though the executive can use all the terms it outlaws to caricature others.

In my view, what is necessary now is to have a very strong opposition that can enlist the confidence and support of the people. This is bound to put pressure on the government to take the road of good governance as a coping strategy or be very easy to defeat at the polls in 2006. The people should really give their support to the Alliance so that it can serve to check the uncontrolled might of the executive.

At the National Assembly

FOROYAA maintains that with knowledgeable National Assembly Members, coupled with a responsive and accountable executive, the people would truly become sovereign. The people need to know how their representatives are performing.

This column is reserved for National Assembly Proceedings and Interviews with National Assembly Members.

NAMs ON THE ADJOURNMENT DEBATE

SIDIA’S CONTRIBUTION

"CATTLE TAX PAYMENTS TO COUNCILS MUST STOP!"

During his deliberation on the adjournment debate, the National Assembly member for Wuli West, Hon. Sidia Jatta, indicated that even though there has been a Local Government Act, the Councils, as they are now, are under the control of Divisional Commissioners. "Councils are not decentralized in any way and they are not rendering services to anyone in their localities who are putting money in their coffers," said Sidia. "A member has said in the National Assembly that drugs for animals are expensive because of the tax levied on the products, but that the people are paying money for services in the form of tax but as it has always been, these taxes are collected by people who are not competent to collect them because they do not have the technical know-how to render those services to the people who are paying the tax," Sidia said. He told the Assembly that come next meeting, they will either come with a private member’s bill or a resolution to put a stop to Councils collection of
 cattle tax from cattle owners because they are not providing any services to cattle owners.



"MAGGOTS EAT PATIENTS BEFORE THEIR DEATH!!!

In his 2005 budget, the Secretary of State for Finance and Economic Affairs, Hon. Musa Bala Gaye indicated in paragraph 67 that the actual total poverty reduction expenditures amounted to D382.8 million and D369.3 million, respectively; that of this amount D194.3 million (50 %) was allocated to Education, D134.3 million (34 %) to Health and Social Welfare, D44.3 million (11%) to Agriculture and D17.6 million (5 %) to National Resources and the Environment in the year 2002. Similarly, he said, "In the year 2003, D208.6 million (45 %) was allocated to Education, D172.9 million (37 %) to Health and Social Welfare, D63.9 million (14 %) to Agriculture and D17.2 million (4 %) to National Resources and the Environment."

In reacting to this statement, the National Assembly member for Wuli West, Hon. Sidia Jatta stated that he would want to ask the Hon. Secretary of State how these millions that have been spent on Education, Agriculture, Health brought about poverty reduction; that for him the investment in the health sector has neither increased the amount of drugs nor has it made drugs cheaper for the people. The National Assembly member for Wuli West said that the millions that are spent on health have not improved any conditions in health centres. He cited the Basse Health Centre as an example where toilets are stinking and maggots are eating patients even before they die! Sidia emphasised that this is no exaggeration, the problems have aggravated because you can hardly go to a health facility without a prescription to buy drugs.



Issue No. 11/2005, 10-13 February, 2005

USA’S MOST DIFFICULT DECISION

FOROYAA’S HUMBLE ADVICE

The new US Cabinet is without cautious Collin Powell and Ms. Rice is treading on the most uncertain political grounds that the US has ever walked on since it started its external interventions. The first diplomatic error is to focus on Iran while Iraq is a powder keg waiting to explode. The US administration sees election in Iraq as a success instead of a new dilemma for the US administration as long as it aims to continue its military presence and political influence in the country.

The correct interpretation of the Iraq situation is that two centers against US presence have been created, that a legal one which will emerge at the wake of the election results and an armed opposition which demonstrated its invincibility by being present even at the highest level of security presence and alert.

The differences between most members of the armed opposition and those who participated in election contest are tactical and not strategic. Most of them want the US military presence to end. The armed opposition were trying to discourage the Iraqi people from participating in the elections by calling it a sham that will not bring an end to the US occupation. Those who participated in the elections were convinced that the ballot is the easiest way to realise Iraq’s sovereignty and independence. Hence after the elections the attitude of the US will determine which side will claim victory.

If the US takes the hard decision of leaving Iraq to the Iraqi people to decide all matters of their life, promote multilaterism to help a new Iraqi government to take charge and be seen not to be a puppet of the US government then the election will be seen as a serious success in Iraq. However, if the US maintains its political and military presence and dominance in Iraq, the armed opposition will claim victory and the election will be seen as a sham.

FOROYAA sees the ultimate outcome to be significant to international peace and security which should be the common concern of all members of the international community. We therefore hope that our humble reflection will be given the consideration due by the US authorities via their embassy in Banjul.

FORMER HIGH COURT ACCOUNTANT PLEADS GUILTY

Baba Gassama, a former High Court accountant who was charged with thirty eight counts ranging from theft, personation, economic crimes, falsification of records and destruction of public records has pleaded guilty to three counts of theft, one count of economic crime, one count of fraudulent false accounting and one count of personation.

Baba Gassama appeared in court on Monday and Tuesday with his co-accused, Papadadour Senghore Joof, who is facing theft and economic crime charges.

The accused persons are arraigned in court for causing loss of revenue to the state amounting to D1, 520, 000 (one million five hundred and twenty thousand dalasi).

The case did not proceed on Monday. However, when the case was called on Tuesday, the prosecution team led by Mary Wood averred that the prosecution met on Monday with the defence team. Mary Wood noted that the prosecution agreed with the defence’s proposal to reduce the charges preferred against the first accused person, Baba Gassama to six counts. She noted that Gassama did make up his mind to change his no guilty plea. She noted that the prosecution had decided to reduce the charges preferred against Gassama to six.

Lamin Jobarteh, counsel for the first accused person later stood up and applied to the court for the six counts preferred against his client to be read in court.

Antouman Gaye, counsel for Papadadour Senghore Joof said it was agreed at a meeting held at the Attorney General’s Chambers between the defence team and the prosecution that the two sides will take a date for an adjournment after the first accused takes his plea. He said the purpose of the adjournment is for the prosecution and Lawyer Jobarteh to address the court, whilst in the meantime the state will consider its position vis-à-vis the second accused person.

The court later granted Mary Wood’s application and struck out the other thirty-two counts preferred against Gassama. The six counts of theft, fraudulent false accounting, economic crimes and personation were read in court for the first accused person, and he pleaded guilty to all of them.

The case continues today.

IGP BADJIE/SoS BAH ADMONISH POLICE OFFICERS

The Inspector General of Police, Landing Badjie has urged senior police officers to restore public confidence in the police force whilst noting that supervision of stations is falling behind.

IGP Badjie made this remark on Monday during the decoration of thirty-six senior officers who were promoted to the ranks of Assistant Superintendent of Police, Superintendent of Police, Chief Superintendent of Police and Commissioners of Police. IGP Badjie paid homage to the Commander of the mobile division of the police whom he said took three hundred and thirty six offences to court, and succeeded in having the culprits convicted. However, the Inspector General of Police was not pleased with other senior officers whom he said failed to produce reports of crimes committed in their jurisdictions. He expressed his disapproval of the performance of officers responsible for checkpoints. He said the failure of the officers to measure up to expectation prompted him to ban traffic checkpoints. The Inspector General of Police also paid homage to the ex-police officers and urged them to advise the police officers where necessary.

According to IGP Badjie, his office in consultation with the Department of State for the Interior and Religious Affairs, forwarded recommendations for the promotion of senior police officers for the year 2005. He said following the submission of the recommendation, the Police Service Commission with effect from 1st January 2005 approved the promotion of thirty-six senior officers to various ranks. Those promoted to the rank of Commissioners of Police are the following: chief Superintendent, Ousman Gibba, Biran Mbye, Edward Sambou and Famara Jallow. Those promoted to the rank of Chief Superintendent of Police include former Police Superintendents Pa Amady Jallow. IGP Badjie told the newly promoted officers that their promotions should be conceived as an added challenge in that their responsibilities will definitely increase, coupled with high expectations in terms of their approach to duties.

The Secretary of State for the Interior, Mr. Samba Bah urged the officers to work hard in order to restore the image of the police force, whilst urging them to supervise the junior officers. He said around 1981, the size of the Police Force was under one thousand people.

"I can safely say, things were better-off those days than now," he remarked.

He said the Police owe responsibility to the public and government, whilst noting that some vehicles ply our roads without number plates.

SoS Bah urged the promoted officers to be steadfast, dedicated, loyal, and above all support the government in the execution of their duties in a professional and efficient manner. He noted that the officers will be measured against their performance vis-à-vis their new assignments and tasks.

RVTH LACKS STAFF VEHICLE

By Yaya Dampha

Royal Victoria Teaching Hospital (RVTH) is the major referral hospital in the country and offers services to many patients. It is also where our major ill-health cases are treated. It is also a fact that people always find it very hard to get transport to take them to work every working day. This problem of transportation does not exclude the nurses and doctors whose services are of immense importance to the communities.

According the PRO of RVTH,Mr.Baboucar Ngum, they are facing a lot of constraints when it comes to transporting staff to work. He said that it is always very necessary to have the services of a nurse or doctor available at any time when needed; that the hospital at the moment has only one bus and it is the only vehicle they use to collect their workers some of whom are living very far from Banjul. The PRO said that the X-ray department and theatre are very important units which need vehicles for their staff; that this will make service delivery to the public very easy and accessible. He cited instances where the films in the X-ray department are finished during the weekend and the member of staff responsible is not at work and needs to be collected to supply the materials and there is difficulty to collect him or her because of lack of transport; that if there is a vehicle at their disposal they will then be able to collect staff who are needed during emergency situations.

The PRO said he is calling on the government and private donors to help his department with vehicles in order for them to be delivering effective services as required. Mr. Ngum commended the private sector and the Independent Newspaper for the support they are giving to the RVTH in helping it in its development.

The PRO also seized the opportunity to inform this reporter that over one hundred nurse attendants are currently on a training at the hospital to improve their capacities in service delivery. By promoting the skills of these nurses, Mr. Ngum said, RVTH is fulfilling its mandate as a teaching hospital and many staff have so far benefited from training packages. He said the hospital and its staff need the help of those from government and the private sector.

WORRIES DEEPEN AS TRADE SEASON SINKS

By Tombong Jadama

As this year’s trade season sinks deeper in limbo, farmers are becoming worried about their monies after taking their nuts to the various seccos. The Department of state for Agriculture has allowed only one company ,Gamco, to operate accusing the others of not meeting the criteria to buy nuts.

According to other operators they have been operating in this country seasonally for many years now without problems, but that this year they were not allowed to operate by the government. An operator went on to indicate that even though they are not allowed to operate, farmers’ problems are and should be the concern of every Gambian. He further indicated that in previous years, there used to be more than four stakeholders in the groundnut marketing business but still they were not able to meet the tonnage expected. He said a single company cannot buy all the nuts in the country; that the only thing they do is credit buying. He said the government should allow other stakeholders to participate together with other private operators so as to avoid the slow marketing characterized by this year’s season.

When this reporter went to Gamco, he found many small operators waiting for their cheques. Many spoke of their utter dissatisfaction with this year’s trade season; that for more than two weeks they had not received monies to pay the farmers; that it is expensive to travel all the way from Basse to come and spend weeks in Banjul without receiving their monies. However, it has been disclosed to this paper that there will be a stakeholders’ meeting on Thursday 10th February 2005. Readers will be kept informed of developments.

At the National Assembly

FOROYAA maintains that with knowledgeable National Assembly Members, coupled with a responsive and accountable executive, the people would truly become sovereign. The people need to know how their representatives are performing.

This column is reserved for National Assembly Proceedings and Interviews with National Assembly Members.

PEOPLE’S VIEW ON THE NATIONAL ASSEMBLY

By Abdoulie Dibba

FOROYAA has been publishing in this column people’s views regarding the National Assembly at the end of the report of the proceedings of the National Assembly. In this publication, FOROYAA got in touch with Baboucarr Njie, a teacher.

FOROYAA: Can you tell our readers your educational background?

Mr. Njie: I attended Serrekunda Primary, Nusrat High and then Gambia College School of Education.

FOROYAA: Are you conversant with developments at the National Assembly?

Mr. Njie: Very well! You see, the National Assembly is the highest democratic institution in the country. It is the institution that should ensure proper scrutiny of the Executive and all government departments and ministries, plus their law making power. So because of this, very democratically minded citizens should be conversant with the developments taking place in such an institution.

FOROYAA: What is your view on the performance of the National Assembly regarding the role it should perform?

Mr. Njie: I must start by emphasizing the fact that in any National Assembly (Parliament) where the majority of the members see themselves as one and the same with the Executive, that National Assembly or Parliament will be reduced to a rubber stamp Assembly or Parliament and The Gambia is not exception. The National Assembly should be independent from the Executive. And this is why the constitution stated clearly in the preamble, "The functions of the arms of government have been clearly defined, their independence amply secured with adequate checks and balances to ensure that they work harmoniously together toward the common good." This simply means that none of the arms of government should serve as an underdog to the other or others as the case may be. I therefore call on all members of the Assembly to master the constitution to their fingertips and serve the national interest which is supreme to individual interests.

FOROYAA: What is your message to the electorate?

Mr. Njie: My message is simple. The electorate should follow the developments taking place at the National Assembly by attending sittings in order to better judge the performance of their representatives because to be honest with you, there are some who are doing very well but then there are some doing badly.

FOROYAA: Thank you Mr. Njie.

Mr. Njie: Thanks goes to FOROYAA which is giving voice to the voiceless.





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