>From: "Amie Sillah" <[log in to unmask]>
>To: [log in to unmask]
>Subject: Foroyaa Burning Issue
>Date: Fri, 18 Nov 2005 16:19:12 +0000
>
>
>
>FOROYAA NEWSPAPER BURNING ISSUE
>
>Issue No. 88/2005, 17-20 November, 2005
>
>
>
>Editorial
>
>JAMMEH IS HIS OWN GRAVE DIGGER
>
>Power corrupts and absolute power corrupts absolutely. A problem still
>confronting Africa today is its leaders’ greed for power. Many leaders in
>Africa today are ready to do all within their means to stay in power. They
>are ready to kill, arrest, trump up charges, torture, threaten, act
>unlawfully and arbitrarily and mislead the people to ensure that they stay
>in power.
>
>When the tide is rough and the going is tough, tyrants often lose their
>wits and act rashly. By doing so, they only hasten their downfall. They
>achieve the very opposite of what they wanted.
>
>Jammeh is becoming more and more aware that he is losing grip of power and
>his end is drawing near. He has misled the whole nation by falsely
>informing them that the opposition had been passing false information to
>the Senegalese Government which he alleged undermind relations between the
>two nations. In their letter to the President, NADD cleared the air,
>showing that he was not speaking the truth and that lack of a coherent
>foreign policy has undermined Relations between the two nations (Senegal
>and the
>Gambia). More significantly, he was warned that if he failed to provide
>evidence of his allegations or apologies, he would be exposed to the whole
>world that he is not to be believed because he does not speak the truth.
>
>This must be the bombshell that Jammeh is trying to evade. It must be clear
>to the reader now that the arbitrary arrest of Hamat Bah, Omar Jallow and
>Halifa Sallah is being used by Jammeh as a smoke screen to evade exposure
>that he does not speak the truth.
>
>But the truth is just too stubborn and has to reveal itself whether we like
>it or not. It is like the sun in the sky. A dark night gives way to a
>bright day light.
>
>Every leader writes his/her own history by his/her deeds. In the same vein,
>Jammeh is writing his history by his very deeds. If he continues with
>trading insults, threats, arbitrary arrests and making untrue statements,
>he will be remembered as an immature and untruthful President who has no
>respect for the rule of law. If on the other hand, he abides by the
>dictates of the rule of law and expands the democratic space, he will be
>remembered as a President that took Gambia forward in democratic rule. The
>choice is his. Jammeh
>needs not fear the ballot box. His greatest achievement will be to ensure
>free and fair elections, not to generate chaos and confusion.
>
>Needless to say, what every leader whose days are numbered must realize is
>that history does not depend on the wishes of individuals, but on the will
>of the people. Whatever the people will must be, no matter what an
>individual may say or do. This is the verdict of history.
>
>When former Chadian President Hieissen Habre in his greed for power was
>committing his crimes he did not know that one day he may have to face
>trial. So, all African leaders must watch it.
>
>
>
>“I CAN HANDLE JAMMEH”
>
>Says Hon. Halifa Sallah
>
>“There is no need to panic. I can handle Jammeh. He is a coward.” These
>were the words of Halifa Sallah at the time of his arrest on Tuesday night
>which this reporter witnessed. Halifa Sallah, who is Minority Leader and
>Member for Serrekunda Central, was arrested together with two other members
>of the Executive Committee of NADD, namely Hamat Bah, a candidate who has
>filed an election petition and Omar Jallow (alias OJ). Hamat Bah, Omar
>Jallow and Halifa Sallah are all at the NIA Headquarters in Banjul.
>
>At the time of his arrest at the People’s Centre (his office) in
>Churchill’s Town Halifa Sallah was speaking to Radio Gambia. He told them
>that their announcement that he was at large was false, that this gave the
>false impression that he was a criminal on the run; that he is not a coward
>to run away; that the real coward is Jammeh.
>
>The information this reporter had received is that NIA personnel could be
>seen loitering in the vicinity of the People’s Centre all day without
>effecting any arrest even though Halifa Sallah was there since in the
>afternoon. It was not until around 7:30pm that they entered his office to
>arrest him. They told him to accompany them to their office and he asked
>them whether he was under arrest. They answered in the negative. He told
>them that he would not go since he was not arrested. Two of them touched
>his shoulder and told him that he was under arrest.
>
>The arrestors came with a red Mercedes Benz which had a numberless plate.
>Time did not permit us to get the reaction of NADD before going to press.
>
>
>
>COURT TURNED DOWN SAMBA BAH’S APPLICATION!!
>
>By Surakata Danso
>
>Samba Bah, a former Intelligence Officer in the former PPP regime, and a
>former Director General of the NIA and Secretary of State for Interior
>until March 2005, had his bail application dismissed by a Gambian judge,
>Justice Abdou Karim Savage. In delivering down his lengthy ruling before a
>crowded court room, Justice Savage contended that the applicant, Samba Bah,
>could not enjoy the privileges envisaged under section 19 (5) of the 1997
>Second Republican Constitution. Justice Savage asserted that Mr. Bah could
>not enjoy that right as a subject because of the grievous nature of the
>crimes he is suspected of. The applicant, Mr. Bah, is suspected of
>terrorism, spying and economic crimes which are capital crimes that
>have a bearing on public interest and infringes on the rights of others. He
>further added that terrorism and spying have bearings of international
>nature; and because of these underlying factors, it will be premature at
>this stage, to grant the application when the security forces are not ready
>with their investigations.
>
>The trial judge further dismissed the points of law cited by the counsel
>for the applicant (Antouman Gaye) on the view that the laws cited by the
>DPP are acts of parliament and cannot therefore stand the test of the
>constitutional provisions under which the case was brought to court. On
>Gaye’s response to the DPP’s Submission on points of law, the trial judge
>said that he feels that the cases cited by the DPP, have been misconstrued
>by the counsel for the applicant. That the rulings of the judges were based
>on national security and the public interest as opposed to the
>interpretations of Mr. Antouman Gaye. Justice Savage, in moving close to
>the end of his ruling, agreed that the application came in the form of a
>Habeas corpus hearing, which could not be discretional to a judge as it
>deals with the inalienable right of a private citizen. Justice Savage also
>agreed that Mr. Bah had been in detention from the 17th of October to the
>14th November
>2005 which he confirmed is more than 72 hours, and that he has not been
>charged and brought before any court of law. He then contended that having
>considered all those factors and weighing it against the case that the
>applicant is suspected of and the issue of public interest, he is left with
>no other option but to rule in favour of the state.
>
>Readers would recall that Mr. Bah, on the 17th of October 2005 while
>driving his car on the Kotu highway to Banjul with four others, was
>intercepted at the Kotu/Badala Junction by police from the Kotu Station.
>From there he was taken straight to the mile two central prisons and on the
>24th day of October 2005, a bail application was filed in court by Fatou
>Cham and Yorro Bah. Then on the 14th of November 2005, the application was
>dismissed, thereby giving way to the continued detention of Samba Bah,
>pending completion of the police investigations. Following the ruling, this
>reporter witnessed the outburst of emotion by the family members of the
>detained former SOS and NIA boss. The counsels for the applicant were Mr.
>Antouman Gaye, Combeh Gaye and Sagarr. Jahateh while the state was
>represented by the DPP, Madam Marley Wood and Na Sisay Sallah Wadda.
>
>
>
>GPTC ACCUSED OF NEGLIGENCE
>
>
>
>By George Sambou
>
>Student in the Greater Banjul area have chided the Gambia Public Transport
>Corporation for not providing them with buses since the commencement of the
>school academic year.
>
>Fatou Njie a grade 11 student said the G.P.T.C has neglected their plight,
>noting that in most instances she does not attend some of her lessons.
>“This is really undermining our performance. I think GPTC needs to do
>something about our prevailing conditions.” Another student, Peter Mendy,
>blamed the GPTC for what he described as deliberate negligent of its
>duties.” It is their responsibility to provide us with buses. Peter said,
>“could you believe it, sometimes I arrive at school at 10 am, does that
>tell
>well of a student?” To be candid enough they have to consider our plight.”
>Peter went further to accuse the GPTC of always using school buses for
>other programmes which he said should be discouraged. Mr. Mendy concluded
>by appealing to the GPTC to consider their plight.
>
>For his part, Lamin Ceesay, a student of Nusrat Senior Secondary School
>blamed the GPTC for not
>considering their plight, according to him, GPTC is not doing justice to
>thee student. Mr. Ceesay went further to blame the Gambia Public Transport
>Corporation for using school buses for other programmes which is not
>expected of them. Mr. Ceesay concluded by calling on the President to come
>to their aid. A student who spoke to this paper on condition of anonymity
>the students revealed that some of her colleagues have since transferred to
>schools that are closer to their various homes to avoid performing badly at
>the end of the year. “Could you believe it, sometimes I reach home at seven
>o’clock after closing at two o’clock?” This is because I keep on looking
>for free transport (lift) she said. The concerned looking student went
>further to blame the GPTC for what she described as negligent of duties.
>
>\this reporter made several attempts to get the views of the Managing
>Director of the GPTC, but he has been giving excuses, stating that he has
>to attend meetings, so he cannot speak to Foroyaa.
>
>Efforts to contact the Permanent Secretary of the Department of State for
>Education (DOSE) proved futile, but the Deputy
>
>Permanent Secretary, Kunkung Jobarteh told Foroyaa that he cannot say
>anything concerning the issue.
>
>
>
>MEDIATION INSTITUTIONALISED IN THE JUDICIARY
>
>Following the certification of over 90 Alternative Dispute Practioners, ADR
>2005, The Judiciary, under the leadership of the Chief Justice of the
>Gambia, Sir Allan Brobbey, has planned to implement ADR into the judicial
>system of the Gambia with immediate effect.
>
>The Chief Justice indicated that the move is aimed at clearing the courts
>of long pending cases in the judiciary. The Chief Justice therefore called
>on the members of the Bar Association, litigants and the general public to
>cooperate. The CJ finally called on all certificated ADR practitioners to
>take note of the programme.
>
>MEDIATION/ SETTLEMENT WEEK
>
>
>
>1. MEDIATION/SETTLEMENT WEEK POLICY
>
>This is now a feature of the Judiciary of The Gambia.
>
>There will be a settlement week once in every Judicial Term. The actual
>settlement will take place in the last week of the middle month of each
>term
>
>
>
>2. OBJECTIVES OF MEDIATION/SETTLEMENT WEEK
>
>To evolve suitable, speedy, cost-effective alternative to litigation as
>means to decongest the courts of cases.
>
>
>
>3. MEDIATION/SETTLEMENT PERIODS.
>
>To enable preparations to “be made in advance, the dates for Mediation Week
>of the Judicial Year of 2005 and 2006 are
>
>i. Monday, November 28, 29, 30, 1st, 2nd and 3rd December 2005
>
>ii. Monday February 27 1st 2nd 3rd and 4th March 2006
>
>iii. Monday, June 26,27,28,29 and 30th 2006
>
>
>
>4. MODALITIES - NINE STAGES
>
>A. COURT CASE SELECTION
>
>i. Disposal of Old Cases-
>
>a. All cases filed in court before Jan. 1998- whether or not partly heard -
>whether or not, date fixed for hearing. To be listed and called up one week
>before Mediation/Settlement Week
>
>b. Parties are requested to explore settlement by
>
>ADR. “
>
>c. If case not amenable to settlement or parties cannot
>
>settle, to be given priority in” fixing of hearing dates.
>
>d. All cases for settlement by ADR to be selected by either the trial judge
>or the Registrar. Cases selected by the Registrar will be subject to
>approval of the trial judge before being listed for ADR settlement.
>
> e. Unless parties or counsel expressly request any particular new case to
>be settled by ADR, the trial judge has to decide whenever a new case is
>first sent before him/her whether the case is to be settled by ADR. This is
>a regular feature of every case going to court now. The decision of the
>trial judge will appear in the record book: The clerk is to ensure that
>whatever decision is taken is conspicuously recorded at the back of the
>case docket. All cases marked for settlement by ADR should be made easily
>and readily identifiable on the case docket itself at the Back page.
>
>
>
>B. COUNSEL CASE SELECTION
>
>I. Request is made for all legal Practitioners to cooperate in the
>implementation of ADR in the country.
>
>Counsel may select any case in their chambers which in their view can be
>settled by ADR by drawing the attention of the Registry to those cases by a
>covering letter that supplies the following details; Case number, title of
>case, names and addresses of counsel in the case (dead, retired or alive).
>The court will take the lead from the letter and follow up with the service
>and processing for ADR. Counsel includes State Counsel in A-G Chambers.
>
>
>
>C. PARTY CASE SELECTION
>
>i. Any case in court which a party or parties believe should be settled by
>ADR may be drawn to the attention of the court for that purpose. This may
>be done by a formal letter or by merely informing the Registrar orally and
>supplying the title of the case,
>
>case number and addresses of the opposing parties if known and of counsel
>in the case if known to him/her. The court will follow up processing of the
>case after receiving the information.
>
>ii. Parties include Banks, insurance companies etc. or any litigant
>involved in a civil case in the High Court.
>
>
>
>D. DEAD LINE FOR SUBMISSION OF CASES TO
>
>REGISTRY
>
>For the first exercise, all cases from counsel and parties are to reach the
>court registry by 14th November 2005.
>
>Other cases for similar consideration should be made to reach the Registrar
>not later than two weeks before the period set aside for
>Mediation/Settlement Week. Counsel and the public will be notified in
>advance.
>
>
>
>E. SERVICE OF HEARING DATES ON PARTIES AND
>
>COUNSEL:
>
>The Registrar will ensure that service of hearing notices on counsel and
>parties takes place in the last week before the first call up of old cases
>for disposal.
>
>The service of hearing notice for this year’s Mediation/Settlement Week
>will take place between 14th and 18th November 2005.
>
>All cases to be fixed for hearing on 24th November, the call up day.
>
>
>
>F. COUNSEL-CLIENT ADVISORY SESSION
>
>This is a’ meeting between counsel and their clients for deliberations on
>the settlement. Duties of counsel are inter alia
>
>the following:
>
>1. Explain or educate client on meaning and advantages of
>
>ADR, including various options available, but with more emphasis on
>mediation to interest parties in the chance to
>
>take control of or participate in the settlement.
>
>2. Obtain consent of client to proceed with ADR
>
>3. Decide with client the roles of disputant and counsel
>
>whether disputant to conduct session, counsel to conduct session, joint
>conduct by both, and if so, what each will say or do at various stages.
>
>4. Advisedly, the first counsel-client session for this year’s
>Mediation/Settlement Week may take place between 21st and 23rd November
>2005. It is hoped that between the date of service of hearing date and
>21st November, parties and counsel would have had the chance to arrange
>when the session should take place
>
>
>
>G. CALL UP DAY
>
>i. This will be the day when all cases marked for the Mediation/Settlement
>Week will be called in court and formally ordered by the trial judge to be
>sent for settlement.
>
>ii. By the call up day, parties and counsel should have had the chance to
>decide whether the chosen cases will be set down for
>
>ADR settlement. Where parties or counsel change their mind or do not want
>the case settled by ADR, appearance should be made in court for the judge
>to send the case back for trial
>
>iii. The first Call up Day for this year’s Mediation/Settlement Week will
>be THURSDAY 24 NOV. 2005, AT 10. AM
>
>
>
>VENUES; HIGH COURT, BANJUL: COMMERCIAL DIVISION, CIVIL DIVISION and
>MISCELLANEOUS DIVISION
>
>
>
>CAUSE LIST
>
>The call up will follow a cause list displayed on the court Notice Board
>
>
>
>H. DOCUMENT PREPARATION; FRIDAY 25TH NOV. 2005 For obvious reasons, cases
>marked for ADR settlement continue to be pending before the trial judge and
>dockets cannot be allowed outside control of the court. Documents required
>to be made available to mediators and parties will be supplied in
>accordance with the provisions of the ADR Act. Those documents will
>be prepared on this day but and will be supplied to mediators on the day of
>the mediation. This is because the mediators will have to be chosen or
>selected by parties and until they are selected, they may not be known.
>
>
>
>VOICE OF THE DIASPORA
>
>VOD is a result of a series of weekly media strategy discussions held over
>the phone by members of the STGDP media group. The Media Group members
>researched the different media resources by which we can promote the ideas
>and principles of NADD and STGDP. Our primary focus was to supplement the
>media strategies that are already in place by working with various Radio
>Stations and Newspapers in the Gambia and Senegal, including Internet
>Radio. We identified a number of media outlets as potential partners. After
>various discussions with a number of Radio Stations and Newspapers in
>Gambia and Senegal, we came to the conclusion that due to the repressive
>nature of the broadcast laws in The Gambia and the general risks to be born
>by our potential partners, we may be better off with a different
>alternative. One of the members of the Media Group was given contact
>information for WRMI - Radio Miami International - a private commercial
>shortwave radio station in Miami, Florida. After a series of contacts with
>WRMI, we agreed on running three test broadcasts in late April. The
>response to our test broadcast was overwhelmingly encouraging, with reports
>of very clear reception in remote parts of The Gambia. Finally in mid May,
>STGDP decided to sign a contract with WRMI to run weekly programs with
>Gambia as the primary target audience. WRMI maintains a Federal
>Communication Commissions license to
>operate commercial shortwave radio from their headquarters in Miami. STGDP
>is legally registered organization in the United States. “Voices of
>Diasporans” (VOD) is the name given to the shortwave broadcast program
>contracted between WRMI and STGDP. The funding for the program comes from
>STGDP and its various sponsors. The maiden broadcast was aired on June 4,
>2005 with a statement of purpose in English, Wollof, Mandingka and Poularr.
>
>
>
>VOD have been on the air since June 4, 2005 and we intend to maintain our
>weekly programs for the foreseeable future. The target audience is the
>length and breadth of The Gambia and other listeners around the world. We
>have also reached out to diasporans by re-broadcasting our programs on
>various internet radio stations like Radio Free Gambia
>(www.freegambia.com). Our current hours of broadcast are every Saturday
>evening from 2000hrs to 2030hrs GMT. VOD can be heard in English and all
>the major
>local languages on 9405KHZ (9.4MHZ) on the 31 Meter Band of your short-wave
>radio. For suggestions and feedback, please send an email message to
>[log in to unmask] or regular mail to:
>
>
>
>TRIAL OF GIBI BAH
>
>The criminal trial of Mr. Gibi Bah was on Monday mentioned before
>Magistrate Sheriff Tabally for the prosecution to call its remaining
>witnesses after Mr. Amadou Bah, first prosecution witness was discharged.
>
>During the last sitting (on 7th November), both the prosecution and his
>witnesses were absent in court. The case was adjourned to the 14th of
>November to enable the prosecution to appear in court
>with the other witnesses he promised to summon. However, when the case was
>called CPC Fadera who held brief for his colleague, Inspector Trawally,
>told the court that he was applying for yet another adjournment on the
>instance of his senior man who according to him called to say he is sick
>and cannot be in court.
>
>Defence Counsel Darboe did not object to the application, but warned the
>prosecution to call counsels when they know they will be absent from court.
>
>The matter was adjourned to the 24th November 2005.
>
>
>
>
>
>
>
>PRESS RELEASE ON THE ARREST AND DETENTION OF THREE EXECUTIVE MEMBERS OF
>NADD
>
>
>
>The people of our dear nation are shocked by the press release emanating
>from the Department of State for the Interior informing the world at large
>that Hamat Bah, Omar Jallow (OJ) “have been arrested and are helping the
>Police in their investigations into subversive activities and posing threat
>to national security” and that “the third suspect Halifa Sallah of NADD”
>was at large. Gambians and all sane and decent minded persons are not only
>shocked by this announcement but they are disgusted by the misinformation
>and the arbitrary arrest and detention of these three members of the
>Executive Committee of the National Alliance for Democracy and Development
>(NADD). They have, since their arrest by the Security forces on Tuesday,
>15th November, 2005, been held incommunicado.
>
>
>
>Although the State’s misinformation machinery disclosed that these three
>senior members of the NADD Executive are helping the Police in their
>investigations of subversive activities and threats to national security
>yet information reaching NADD from official sources are that the State is
>studying what charges to prefer against them. This practice of arresting
>political targets and then scratching one’s head in the search for trumped
>up charges is to say the least arbitrary and an abuse of the State’s power
>of arrest. It is inimical to the rule of law and undermines the bona fide
>application of the due process concept that requires the arrest of a
>suspect upon reasonable suspicion that he has committed an offence or is
>about to commit an offence.
>
>
>
>The release issued by The Department of State for the Interior is very
>typical of the false and fabricated assertions by dictators against
>political opponents and this particular release is no exception.
>
>
>
>Gambians will recall that after the Supreme Court of the Gambia declared
>the seats of the four Opposition National Assembly members vacant,
>President Jammeh addressed a political rally at Sinchu at which he declared
>that he will support and take part in any effort that is aimed at
>destroying Hamat Bah and that he will do everything possible to ensure that
>both Hamat Bah and Halifa Sallah do not return to the National Assembly.
>The arrest of and detention of both Hamat Bah and Halifa Sallah is a
>fulfillment of that promise. With the type of fabricated allegations
>against the three arrested
>
>
>
>NADD Executive members, Halifa Sallah (the Minority Leader and a member of
>the Pan-African Parliament) will not only be kept away from participating
>in the proceedings of the National Assembly and the PanAfrican Parliament
>for an indefinite period but the wish and will of the people of Serrekunda
>Central in electing to the National Assembly will stand stultified.
>
>
>
>It is the view of the NADD that the airing of the Press release by the
>State media which continued even a day after the arrest of Halifa Sallah is
>a calculated ploy by President Jammeh’s regime to mislead the nation that
>he was at large even though he had been arrested by 7.30pm on Tuesday 15th
>November, 2005. Such an act is very irresponsible and constitutes an abuse
>of office. The ploy will however not work.
>
>
>
>The interest of NADD is to have a clean sweep at the 2006 polls. But the
>conduct of the President is yet to convince the Gambian public that he is
>interested in a peaceful, free and fair election. On the contrary, the
>indications are that he is interested in an election ridden by violence,
>intimidation, chaos and confusion. The unwillingness of the APRC to sign
>the Memorandum of Understanding between political parties in The Gambia
>initiated by General Abubakar former Head of State of Nigeria on behalf of
>the Commonwealth is a living testimony to this.
>
>
>
>The arrest and detention of these three persons runs contrary to the letter
>and spirit of the Memorandum of Understanding. These arrests and detention
>are politically motivated and signs of what is in store for the Opposition
>in the run-up to the 2006 Presidential Elections.
>
>
>
>We demand the immediate release of the three NAAD Executive Members whose
>continued detention is without justification. Their continued detention is
>unacceptable.
>Don't just search. Find. MSN Search Check out the new MSN Search!
>

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