Foroyaa Newspaper Burning Issue

Issue No. 52/2004, 1-03 July, 2004

Editorial

DIALOGUE OR DICTATION
THE PRESIDENT AND HIS COUNTRYWIDE TOUR

The IEC Should Take Note!

The president of the republic has been making it very clear that he will not
give regard to his oath to perform his executive duties without fear or
favour, affection or ill-will. In stead, he has been telling the people that
if they fail to vote for him he will not provide them with public services
such as hospitals, schools, ambulances, boreholes, milling machines and
other services. The president has gone very far to undermine the integrity
of the Independent Electoral Commission by asserting that the polling
stations are increased so that they would know how people vote. This would
determine which communities are to receive or be deprived of benefits.

It is outrageous for the president to make such comments, which are
calculated to intimidate the voter. It also does not tell well on the
independence of the I.E.C.

The fact of the matter is that it has been observed by many voters that if
polling stations are far away from people’s homes many tend not to vote. It
has been a popular demand for the polling stations to be increased and to be
situated in places closer to the voter. This speeds up the voting process
and prevent long queues. The practice has the tendency to reveal the number
of votes per polling station that each candidate receives.

However, this should not be a disadvantage in a genuine democratic society
with a democratically minded leadership that wishes to promote free and fair
elections which produce the undiluted choice of the people. If the president
wants to use the process to victimize those who exercise their freedom to
choose who they want, that should lead people to bow down to his wishes.
That would amount to blackmail. A free people can never allow themselves to
bow down to intimidation.

The people should therefore continue to express their will freely to vote
for who they want. If the president fails to deliver services without fear
or favour, affection or ill-will he should be considered unfit to preside
over the affairs of a sovereign people and be removed. This is the only way
to prevent a sovereign people from being subjected to the dictates of
rulers. The president should be shown that the Gambian people will not
accept threats from leaders they can remove from office. If the president
does not desist from such threats the people should teach him the lesson
that they are responsible for putting him in office and he is not
responsible for giving them citizenship. They are citizens irrespective of
his will while he is a president because of their will. If he seeks to
dictate to them they should remove him to teach him who has power in a
sovereign republic.

CULTURAL TOURISM OR HOMECOMING
THE CONTRADICTIONS OF THE ROOTS FESTIVAL

Halifa Sallah Speaks to Some of the Guests

Some of the guests who came to The Gambia in search of an African identity
were advised to speak to Halifa Sallah. In an interview with FOROYAA he said
that the Roots Festival has contradictory objectives. He said that many of
those who advertised the festival see it as part and parcel of cultural
tourism. This puts it as a part of the travel trade aiming to attract
spenders to promote economic well-being. He said that the people he had
spoken to had a different impression of the festival. They saw it as a form
of homecoming, a journey in search of a place they can belong to and
identify with as their home. Those who have commercialized the programme
create activities to entertain. They expose the visitors to traditional
practices without explaining their relevance to the creation of a positive
African and human identity.

Those who see the festival as homecoming often want explanation, why huts,
bad roads, beggars and general poverty still plague the continent after
decades of independence. They want to know why The Gambia / Africa they want
to be proud of or belong to still harbours so many ills they are not proud
of.

Halifa explained that the current nature of the Roots Festival excludes this
agenda of mental liberation and self-discovery and simply perpetuates a
narrow cultural viewpoint. He told the visitors that in 2005 the People’s
Centre will have its own programmes to sensitize those who wish for a
homecoming experience on Pan Africanism and the legacy of those who have
struggled for Africa to be homeland for people of African descent.

Halifa told them that Africa is very rich but harbours 340 million poor
Africans because of our own failure to create a united Africa immediately
after attaining national liberation. He explained that there is need to
combine the three stages of production for a modern economy; that there is
need to produce raw materials as the primary stage of production.  There is
need to process the raw materials as the second stage of production and
there is need to produce machines to support both the primary and secondary
stages as the tertiary stage. He argued that at independence most African
countries were at the primary stage; that they lacked the banks to invest in
the secondary and tertiary stages; that people like Nkrumah spoke about a
cooperative banking system where all newly independent African countries
could make contributions to, establish an African Investment Bank to support
the secondary and tertiary phases of development.

The visitors were told that many of the leaders were only interested in
occupying the mansions left by the colonialists and become rulers of a poor
people rather than work towards unifying the continent and create a United
States of Africa. He lamented that the end result of narrow materialism is
that most countries are still at the primary stage producing mainly raw
materials and importing everything else from their former colonial masters.
He said that the huts and general poverty they see is not African culture
but the signs of a neglected people and continent. He said the potential is
there but could only be realized if we have leaders who would stop pulling
money in Swiss banks and instead put it in an African Investment Bank to
finance the projects needed on the continent. He told them that their own
brothers and sisters at home think that they are coming from rich countries
and should give them creativity. He told them not to be disturbed by the
level of ignorance and poverty but see it as a sign of the failure of
African leadership. He argued that they should educate their brothers and
sisters that the perceived prosperity of the US is being mystified by credit
cards. They should explain their real situation and then help their brothers
and sisters to see that they should unite their efforts to create an African
leadership that will be true to their mandate to articulate the plans and
programmes that will ensure that the total economic emancipation of the
continent and the empowerment of the people to have the true architects of a
destiny of liberty, dignity and prosperity. The visitors took videos and
promised to spread the message far and wide. To them it was homecoming
indeed, not commercial cultural tourism.

D-DAY FOR JARRA WEST

The electorate of Jarra West constituency, which became vacant after the
conviction and imprisonment of the former Majority Leader, Baba K. Jobe,
will be going to the polls today to determine the fate of the vacant seat.
This shows that power lies with the people. In fact, section 1 of the
constitution stipulates that the sovereignty of The Gambia resides in the
people.

The election in Jarra West today is more than just deciding who is to
replace Baba K. Jobe. The electorate of Jarra West will decide today whether
or not they will assert their authority or allow someone to impose his or
her will upon them as the president has indicated.

THE APPEALS OF BABA JOBE AND WAA JUWARA

WHAT IS THEIR STATUS?

As the saying goes justice delayed is justice denied. I have been motivated
by this statement to find out the status of two important appeals now before
the Court of Appeal, namely the appeal of the Secretary General of NDAM,
Lamin Waa Juwara who was released on Friday 25th June and that of Baba K.
Jobe who is still serving a term of imprisonment of more than nine years. My
investigation has revealed that the legal representatives of both appellants
are yet to receive certified copies of the records of court proceedings
which are necessary for the appeal to proceed.

When I contacted the courts and the legal representatives of both appellants
I was duly informed that in fact the records have already been typed and the
judge is now doing the proofreading. For the information of the reader Lamin
Waa Jawara was tried and convicted for sedition and imprisonment for six
months. He has already served the six months while the appeal is yet to be
heard. For his part Baba K. Jobe was convicted and imprisoned for a term of
more than nine years on 29th March 2004. His appeal was filed on 6th May
2004.

UN EXTENDS MANDATE OF GAMBIAN PEACEKEEPERS

The Chief of Staff of the Gambia Armed Forces, Colonel Baboucarr Jatta has
informed this paper that the UN has extended the mandate of the Gambian
peacekeepers in Liberia who were due here last month.

According to Colonel Jatta, the peacekeepers who were due to return home in
June will instead come in September. Colonel Jatta said despite the fact
that The Gambia did not meet the quota for UN operations, the level of
professionalism demonstrated by its soldiers has impressed the UN to the
extent that the mandate of its soldiers has been extended.

“Others have met the quota for UN peacekeeping missions, but the UN is
urging them to go. They (Gambian soldiers) have excelled in executing their
duties which is why the Field Commander in Liberia and the UN are interested
in them,” Colonel Jatta remarked.

Colonel Jatta said that the UN has urged countries without a battalion in
Liberia to leave the aforesaid country. He said despite the fact that The
Gambia has a company (about 100 to 150 soldiers) in Liberia, the UN has
urged her to stay. He said that in order for a country to meet UN standards
for peacekeeping missions, it must be in a position to deploy a battalion
and must have standard equipment which the Gambia Armed Forces lack at the
moment.

He posited that The Gambia government is presently leaving no stone unturned
in order to get standard equipment for the Armed Forces. He posited that
peacekeeping missions are a source of foreign exchange earnings for the
country.

MAI FATTY ACCUSES JUSTICE PAUL
The treason trial involving Abdoulie Sonko and the State is never short of
controversy. Mai Fatty, counsel for the accused, on Monday urged the trial
judge, Justice M. A. Paul to refuse from hearing the matter. Fatty’s
application came at a time when the defence was supposed to make a no case
submission.

“There has been a change of situation with regards to the defence position.
We are applying to the court to refuse itself from hearing this matter. The
court has manifested substantial bias towards the defence and our position
is that the court cannot dispensate justice on this matter. There has been
many instances when the defence has been denied proper hearing,” Fatty
remarked.

At this point, Justice Paul, urged the prosecutor, Chernor Marenah to
respond to Fatty’s submission. Marenah stood up to say that he has left the
matter to the court to decide.

“I don’t know you. I only met you here as a lawyer. You have a problem, you
don’t want to learn. If you think the court does not want to do justice in
this case, there is a proper way of doing it (applying). If I am not taking
insult from you, that does not mean I am biased,” Justice Paul remarked.

Fatty posited, “It is our duty as counsels to protect the integrity of this
court. The integrity of this court is the common interest of everybody. I
will not insult any counsel, and I will not take insult from counsel or
anybody.”

Justice Paul at this juncture ruled that Fatty has made very serious
allegations against him, noting that unless the latter take the correct
steps, he will not withdraw from the matter. He later asked Fatty to make
his no case submission or ask the witness to enter his defence.

Fatty asked the court to grant him an adjournment in order for him to make a
no case submission. Justice Paul asked Marenah to respond to Fatty’s
request, the latter urged the court to grant Fatty an adjournment.

MANSONG DAMBELL LOSES CASE
The Gambia Court of Appeal headed by Justice Gibou Janneh on Thursday
delivered judgment on the protracted legal battle involving prominent
businessman, Mansong Dambell and the West African Examination Council.

The Court of Appeal turned down the judgment delivered by the High Court in
favour of Mansong Dambell. The latter was awarded D3, 636, 000.00 by the
High Court. The appellant, WAEC later filed an appeal at the Court of
Appeal.

The appellant did enter into a business deal with Mansong. Two of the
contracts were executed by the latter but the last contract was terminated
by the appellant. This prompted Mansong to file a writ at the High Court
claiming D1, 818, 000 as damages for breach of contract.

According to Justice Janneh, after reading the relevant portions of the
judgment, the court found out that the High Court judge made an error in
that the correct amount representing 20 % of the overall contract price of
D1, 818, 000.00 is D363, 600.00 and not D3, 636, 000.00 as read by the
former judge.

In delivering judgment, Justice Janneh stated that the Appeal Court thought
it relevant to award D3000.00 costs at the High Court and D5000.00 in the
Appeal Court in favour of the appellant.

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