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Foroyaa Newspaper Burning Issue
Issue No.5/2006, 23-25 January, 2006
Editorial
THE STATE OF THE BAR AND THE BENCH
The information that the members of the bar association have decided to
boycott the courts and call for the resignation of the Chief Justice is a
cause for concern. When courts fail to function Justice is blatantly
denied. Liberty can only be assured if courts deliver speedy and unalloyed
justice.
History teaches through classics inherited from antiquity that systems of
justice like that of Draco collapsed when judges delivered justice on the
basis of the size of the bribes from, or status of, the litigants.
Republics emerged to replace a monarchical system and the separation of
the powers of the branches of the state gave birth to a judiciary with
independent courts vested with judicial powers. Such powers are exercised
by judges and other holders of judicial office. Such judges and judicial
officers are supposed to be independent and impartial in the
administration of law and the dispensation of justice.
The Gambia is a Republic with a Republican constitution.
Section 24 subsection (1) of the Constitution states that “any court or
other adjudicating authority established by law for the determination of
any criminal trial or matter, or for determining the existence or extent
of any civil right or obligation, shall be independent and impartial”.
Section 120 subsection (3) states that “In the exercise of their function,
the courts, the judges and other holders of judicial office shall be
independent and shall be subject only to this constitution and the law
and, save as provided in this chapter, shall not be subject to the control
or direction of any other person or authority”.
The constitution further removed the monarchical posture of judges under
monarchies and imbued them with democratic and human values. Section 222
paragraph (8) states without ambiguity that “A public officer who
exercises judicial functions shall
(a) maintain order and decorum in judicial proceedings before him
or her;
(b) be patient, dignified and courteous to all litigants,
witnesses, legal practitioners and others in the exercise of such
functions; and shall require similar conduct from his or her staff and
others subject to his or her control.”
In our view, if Republican values are adhered to, the courts shall be able
to temper justice with courtesy and mercy in order to defend the rights
and freedoms of all citizens.
The constitution has given the courts the absolute power to safeguard the
fundamental rights and freedoms of the citizenry. Section 17(1) states
that “The fundamental human rights and freedoms enshrined in this chapter
shall be respected and upheld by all organs of the Executive and its
agencies, the legislature and where applicable to them, by all natural and
legal persons in the Gambia, and shall be enforceable by the courts in
accordance with this constitution”. Why didn’t the constitution oblige
the Judiciary to respect rights and freedom but goes to give the Courts
enforcement powers? It takes for granted the Courts are organs of justice
and fairplay.
The courts are to enforce the fundamental human rights and freedom of the
citizenry. The courts are therefore the guardian of rights, freedom and
justice in the Gambia.
Hence judicial officers whose hearts are filled with love for freedom and
justice and respect for law would be patient, dignified and courteous in
the exercise of their functions as required by the code of conduct for
judicial officers. Such persons will always serve as wise guides to
litigants so that the truth is known, justice is done and is also seen to
be done. We hope that instead of confrontation between bench and bar the
Chief Justice will organise a colloquium between bar and bench to promote
a respectable relationship that enables the spring of justice to give
fresh life to our withering democracy. All Gambians are waiting
expectantly for the judiciary that is envisaged by the Republican
Constitution. All judicial officers are duty bound to heed the call of the
people for liberty and justice. We hope they will answer to this clarion
call.
Africa became independent to enable African leaders, legislators and
judges to deliver the people from oppression and misery. History shall
judge each person in position of authority regarding the way they fulfill
their historical mandate. The future will deliver the verdict.
ANTOUMAN GAYE JAILED PAUL AND DARBOE CLASH
When the case was called on Thursday, the Acting Director of Public
Prosecutions, Emmanuel Fagbenle, announced his appearance for the State
while Mr. Darboe announced his appearance for the respondent.
Mr. Darboe told the Court that they had filed a motion to have the state’s
motion struck out or dismissed. He said it is a preliminary issue that
should be determined before arguments commence on the miscellaneous
application.
Fagbenle applied to the Court to serve him a copy of the motion that was
filed by the respondents. His application was granted. He noted that the
motion filed by the respondents is to delay the motion dated the 13th of
January 2006 that was filed by the State. He urged the Court to dismiss
Darboe’s application.
“Alternatively, I would submit that the content of the motion itself is an
answer to our affidavit,” Fagbenle remarked.
Darboe replied thus: “He is raising a preliminary objection on the content
of the motion. Preliminary objection should be on points of law which are
evident on the face of the document. If this motion is incompetent, it has
to be on some grounds of law, and obviously the content of the motion
which he says are answers to their motion are certainly matters of fact
and not matters of law. I therefore object to that line of argument.”
Justice Paul at this juncture told Darboe that Fagbenle did not say that
the motion is an answer to an affidavit. In his reply, Darboe told the
Judge that motions are not answers to anything.
Justice Paul then said “if you say motions are not answers to anything,
then allow him to say what he wants to say, so you are therefore
overruled.”
“The practice of the Court has always been to consolidate the motions
together as a response. I would urge this court to follow that same
procedure and treat this motion dated the 18th of January and filed on the
19th of January 2006 as an answer to our motion dated the 13th of January
2006 so that the two of them can be joined together,” Fagbenle remarked.
Darboe replied, “This is not an objection on points of law. If an
objection on points of law has to be raised, the objector must cite a law.
The Court of Appeal says you cannot descend from points of law to facts.
Justice Paul betted in, “Say what you want to say and I overrule you.”
Darboe remarked, “I am not pleased with the way you are treating me.”
Mr. Darboe pointed out that the argument advanced by Fagbenle that the
State’s motion was filed on the 13th of January and the motion of the
respondent was filed on the 19th of January 2006 is indication of the
desire on the part of the respondents to delay the case is not a valid
ground on points of law. Mr. Darboe relied on the case of Kabo Airline
versus the Sheriff Division of the High Court to support his argument. He
also relied on the Alghali rule to support his line of argument. He
concluded his argument by urging the Court to reject the state’s
application.
Fagbenle said, “the court has the final say on whether or not to
consolidate them.”
Justice Paul then ruled in favour of the State.
Darboe later applied to the Court to stay the proceedings of the matter
pending the determination of the appeal he wants to file at the Court of
Appeal. Justice Paul at this juncture over ruled his application. Justice
Paul urged Fagbenle to start his argument on the miscellaneous
application. At this juncture, Darboe said he wants to make a submission
and later Fagbenle can start his argument.
“Twice the court’s hands are being twisted. If you are not satisfied,
allow the state to move their notion,” Justice Paul remarked.
Darboe replied, certainly we will proceed with the motion, but let the
court allow me to make my application.
Justice Paul responded, “Mr. Darboe, the court is addressing you. The
Court directs that the Acting DPP move their motion without any further
delay.”
Justice Paul went on to say: “You cannot abuse the authority of the court.
I’m saying you should take your seat.
At this juncture Mr. Darboe called Antouman Gaye and spoke to him.
Darboe said, I want to withdraw my representation for the respondent.
Justice Paul ranted, “Sit down!” Darboe said, “I want to withdraw my
representation for the respondent.”
Justice Paul ranted again, “Sit down!” Mr. Darboe packed his books and
walked out of the courtroom.
While Mr. Darboe was going out, Justice Paul exclaimed, “Sit down. You
cannot walk out of Justice Paul’s court. You are risking something. You
don’t know the consequences of what you are doing. It is unacceptable.
This is rudeness.
The confrontation happened barely an hour before Mr. Gaye was sentenced by
the High Court judge.
In his submission, Fagbenle told the Court that Mr. Gaye was the surety of
Alexandra Beck (of the Management Service Group). He said Beck who was
charged with tax evasion, later absconded. He said Gaye was brought to
Court and he was asked to pay three million dalasis, but when he appealed
the judgment, the Court of Appeal asked him to pay one million and five
hundred thousand dalasis. He said Gaye paid five hundred thousand dalasis
and later filed an appeal. He said Gaye never paid the balance or
prosecute the case. He said in the circumstances of the case, the Court
should look at section 104 of the criminal procedure code as the only
remedy.
Justice Paul later asked Gaye why the Sheriff Division of the High Court
could not sell his properties. Mr. Gaye said the Sheriff Division of the
Court could not execute because of an Appeal he filed at the Court of
Appeal.
Gaye remarked, “I will also with due respect apply for a leave in order to
file an affidavit in opposition to the motion that is argued. I was in
Court when your lordship said it is a fair Court and I think your lordship
will be willing to hear the other side before coming to a determination of
this matter. We will argue on points of law and facts, and the principle
of fair hearing. I have no doubt in mind that the case as put forward by
the State, has a lot of errors and omissions which your lordship will see
if we are allowed to file certain documents and reply. As a litigant in
person, I make this application.”
In his ruling, Justice Paul said he is satisfied that the respondent has
the notice of the application made by the state, therefore his prayer is
accordingly denied. He concluded by stating that the respondent is bound
to pay the one million dalasis debt, plus interest at the rate of 4% which
amounts to four hundred and twenty thousand dalasis and one thousand
dalasis as cost; and be committed to a jail term of three months.
Most of the female lawyers were in tears after the ruling was delivered.
He was taken to Mile Two Central Prisons by plain clothes officers.
The one million, four hundred and twenty one thousand dalasis has already
been paid. A protest letter is attached to the Standard Chartered Bank
Cheque that is issued by Antouman Gaye. The cheque is paid to the Master
of the High Court. Judicial sources have it that the cheque has already
been received by the master.
Ousainou NM Darboe has filed an Appeal at the Court. An application for
bail may be heard today.
BAR DEMAND’S CJ’S RESIGNATION
The Gambia Bar Association under the leadership of Musa Bitaye, has urged
the Chief Justice, Steven Allan Brobbey to resign. The Association also
pointed out that it will continue its boycott of Justice Paul’s Court.
Below is the press release that issued by the Bar and Signed by its
President, Musa Bittaye
The Gambia Bar Association is constrained to inform the general public and
our development partners that it can no longer stand idle or appear to
condone the unprecedented breakdown in the judiciary of The Gambia,
without registering its protest with the appropriate quarters and without
taking immediately what it considers to be appropriate action.
It is now common knowledge that the present Chief Justice of The Gambian
judiciary is unfortunately partial in the way he assigns sensitive cases
to the courts. We are witnesses to the fact that while MR. Justice Paul
was on leave he was recalled to sit on a particular criminal matter
despite the fact that equally competent judges were on duty to handle the
case. Most recently, a Miscellaneous Application (civil matter) found its
way into the Court of MR. Justice Paul who is not the Judge normally
responsible for dealing with such matters. In both cases, the bar, the
public and the poor victims awaited a forgone and unfortunate conclusion.
In addition, the Chief Justice has folded his arms in the new wave of
government’s failure to respect court injunctions staying the execution of
some of the recommendations and orders of the Justice Paul Commission of
Inquiry on the Assets and Properties of Public Officials, and most
recently the court orders made in respect of the Mayors of Banjul and
Kanifing, among others.
In the whole history of The Gambian judiciary, the Bar has never witnessed
such a dangerous tendency toward a serious break down in the
administration of justice at all levels. The failure of the Chief Justice
to take proper charge of the judiciary has forced The Gambia Bar
Association to call for his immediate resignation.
The Gambia Bar Association in protest, and to demonstrate its grave
concern will not appear in the High Court between Monday the 23rd day of
January, 2006 to Friday, the 27th of January, 2006, both days inclusive.
The Gambia Bar Association will continue the boycott of the Court of Mr.
Justice Paul as well as any court or tribunal in which he may preside
alone or with others, since he has not been exonerated by constitutional
process before the National Assembly, which is the only authority with
jurisdiction to pronounce that MR. Justice Paul has satisfactorily
answered the allegations that he is unfit to continue to sit as a Judge.
The Gambia Bar Association and indeed the discerning public fully realise
that the issue at stake is whether or not the courts are subject to the
direction and control of any other body, authority, or person than the
rule of law, equity and justice.
The Gambia Bar Association urges the Attorney General and Secretary of
State for Justice to ensure that the Government and its agencies respect
and comply with Court Orders and ensuring the end to impunity.
On this issue all concerned are assured that The Gambia Bar Association
knows where its duty lies and it will guard and perform it at all costs.
INTERVIEW WITH HALIFA SALLAH:
(PART6)
Foroyaa: Can you give us an idea of what the two novels entail?
Halifa: The cracks of dawn came in mind during the early hours of the
morning when I looked outside the window of my maximum security cell and
saw a lizard trying to find food from the crack on the wall surrounding
the prison. How can life be derived from cracks on a dry wall? This gives
a real meaning to the notion that in the midst of adversity one must look
for a crack of light at the end of the tunnel. The novel will go to convey
scenes on how liberty can be put in chains and then finally show why one
should believe that behind every dark cloud the golden sunlight is waiting
to shine.
Foroyaa: What about the Voices Behind the Wall?
Halifa: The novel “The Voices Behind the Wall” seeks to capture the
seemingly imaginary voices of prisoners. It is amazing how people sent to
prison for one reason or another could develop a sense of community that
surpassed the communities left behind. The whole setting for “Voices
behind the wall” developed when I heard a young Nigerian detainee crying
out to his lord all night for salvation. He has been detained for 2 years
without judgment. The Chief Justice and the Secretary of State or Interior
need to visit the prisons and check the number of prisoners who have been
there for years without their cases being heard or judgment being passed.
The voices behind the wall speak with the voice of silence. One can read
the mind of those sentenced to death who display a spirit of sharing that
defies all notion of a murder convict. It amplifies the aspirations of
those who were almost becoming eventually ill and are no longer capable of
maintaining proper sanitation. It reflects the spiritual devotion of those
who master the Quran or Bible in prison as well as the intellectual
devotion of those who yearn for libraries, correspondence courses, skilled
centres, canteens, occupational preparation and so on. Voices behind the
wall are voices from prison reform and its transformation into
correctional institution rather than a punitive or penal one. It presents
prisoners as human beings whose lives are in transition and who are
entitled to fundamental rights and freedom other than the deprivation of
their liberty due to their imprisonment.
Foroyaa: What effect did the detention have on you?
Halifa: The experienced has enriched my conscience for social justice.
There is need to review the social value of long custodial sentence. There
is a general view that deterrence to certain crimes will be enhanced by
increasing the term of imprisonment. This requires sociological research.
The Department of State for Interior needs to do a research on the lives
of those who are serving long prison sentences. Some are likely to spend
the best part of their youth in prison only to come out to be social
misfits. Society must find alternatives to custodial sentences such as
community service programmes to give the convict social conscience and
enable him/her to live a productive and contributive life.
Furthermore, the state should examine the logic of remanding those who
have not been charged or tried in the isolation cells of maximum security
prisons. This serves to harden people who otherwise would raise much
national concern for those people have supply reported to court after
receiving police bail.
Foroyaa: What is the way forward between government and opposition?
Halifa: I strongly call on the APRC leadership to contact the IEC and give
them assurance that its representatives will sign and implement the
Memorandum of Understanding prepared under the auspices of the
Commonwealth. This is the way forward if we desire peace and tranquility
in our country.
One day or the other opposition and government must close the chapter of
confrontation and open up the chapter of peaceful coexistence in
diversity. Power does not belong to government or opposition. It belongs
to the people. Both government and opposition should do what will enable
our people to gain liberty dignity and prosperity. None should desire to
preside over a government that will increase the poverty, oppression and
unhappiness of our people. This is the verdict of the sovereign people of
the Gambia and it is incontrovertible.
Foroyaa: Finally, we have gathered that you were nominated to be flag
bearer for NADD but that you had asked for the nomination to be withdrawn;
can you explain what is going on?
Halifa: There is popular demand for NADD to select its standard
bearer/flag bearer. The method of selection is spelt out in the MOU. The
most desirable method is selection through consensus building; the second
method is to rely on voting by party supporters on the basis of equal
representation. In my view, the consensus principle requires mutual
consultation among the members of the executive until a candidate
acceptable to all is found. It should not be based on lobbing, party
consideration or factional approaches. The Memorandum of Understanding is
very clear. The NADD presidential candidate will undertake commitment
neither to seek a record mandate immediately after serving for five years
nor supporter another party or candidate in the next following election.
This calls for impartially and neutrality. If this is the case, then the
best method of selection is mutual consultation rather than parties
putting up their own candidates and lobbying other parties to support
them. NADD was created to enable us to rise above individual party
loyalties and assist us to establish a united front that will be also led
by a presidential candidate whom all executive members could trust. Such
a candidate must be capable of maintaining unity among the leadership, and
among the supporters of the different parties, inspire trust in the
country to attract the support of the non party voters or those who
support the ruling party. The members of the executive should enter into
dialogue to look for a unifying figure to be the caretaker of the
transition process.
Foroyaa: If you withdraw from party nomination how will you be selected?
Halifa: I was made a Coordinator by people I did not share party
affiliation with. At this moment I will resign as Coordinator if any
member of the executive expresses opposition to my holding of the post.
This gives me integrity. In the same vein I will never seek the mandate
to be NADD flag bearer nor will I ever accept the office unless it is
unanimously agreed to offer it to me. I am not interested in offices. I
simply want to serve in any capacity that can promote the people’s
interest.
Foroyaa: The postponement of the rally in Brikama, the repeated promises
are beginning to force people to raise questions regarding the ability of
the NADD leadership to come to a decision.
Halifa: Contradictions are inherent in all things. Developments come
through struggle. The members of the NADD leadership are confronting each
other and each of them is being confronted. What is best for this nation
or what is second best must emerge. What is important is that the process
is taking place. The outcome is just a matter of time. It is then that
we can pass judgment on the process and NADD itself. At the moment each
should play a part to resolve the question rather then lament or raise
alarm.
The End
MAIMUNA TAAL’S FATE HANGS IN THE BALANCE
The fate of the former Directress Gambia Civil Aviation, Maimuna Taal is
hanging in the balance following the decision of the Bar Association to
continue its boycott of Justice Paul’s Court.
Maimuna Taal who pleaded not guilty to six counts of economic crimes
preferred against her by the State, appeared before Justice Paul on
Thursday. The case of the Former Civil Aviation Director General was
called barely a minute after Lawyer Antouman Gaye was convicted and
sentenced to a jail term of three months by Justice Paul. Taal told
Justice Paul that she is yet to have a Lawyer. In his intervention, State
counsel, Emmanuel Fagbenle, told the Court that he got the file pertaining
to the case later Wednesday. He noted that he wanted the Court to give him
time. At this juncture, Justice Paul decided to adjourn the matter till
Thursday (the 26th of January 2006).
Taal at this juncture urged the Court to give her enough time to look for
a Lawyer. She said she has spoken to a lot of Lawyers, but they are
reluctant to represent her.
Justice Paul remarked, “You have all the time to get a Lawyer. With or
without a Lawyer, the case will proceed.”
In a separate development, the Mayor of the Kanifing Municipal Council,
Abdoulie Conteh, is charged with economic crimes. One of the counsels for
Conteh, told Foroyaa that their client is charged with issues relating to
the charges that are dismissed by Justice Haddy Roche. Judicial sources
have it that Conteh’s case has been assigned to Justice M.A Paul, but this
could not be independently confirmed.
AT THE NATIONAL ASSEMBLY
SIDIA ON THE BUDGET SPEECH
Continuation:
Historically it was established to design curricula not only for primary
or lower basic schools but even for senior secondary schools. They cannot
grapple with the problem of designing a curriculum for the lower basic
schools up till now. Go and look at the materials that are in our lower
basic schools. A curriculum centre, they call it, does not have the
capacity to do this. Therefore, we still have a problem with our system, a
system which is fundamentally to do with a curriculum or curricula. And of
course the Minority Leader, Halifa Sallah, pointed it out, the issue of
relevance. You see, we are all parents and I think anybody who is
interested on what I have said here, you go back home and just try to find
out from your children’s reading materials and look at them again. In
fact, some of them do not have it because this system of renting, that is,
when you are at school you use the textbook at school and leave it there.
And if you don’t have money to buy, it means you can only see and use a
textbook when you are at school. And not anybody has access to those
textbooks. Sometimes you have four or five pupils using the same textbook.
So when you talk of quality, all that counts! How accessible are those
materials to the children and how relevant are they! All these combined is
making the output of our system terribly bad.
And then of course no teachers! Somebody has said that in his constituency
there are no teachers. That’s everywhere in The Gambia! There are no
teachers! In Nyakoi, in the constituency I represent, you have a school
which is two-in-one. You have the Upper Basic School and the Senior
Secondary School. The Upper Basic School does not have teachers let alone
the Senior Secondary School. So the two schools are run concurrently by
the same teachers. They had their first Grade 12 examination last year but
the results are terrible. So I am not very happy with the proliferation of
schools, either lower basic, upper basic or senior secondary schools. I am
not happy. I was once a teacher! There are schools everywhere but there is
no learning taking place in them because there are no teachers and where
there are few teachers, there are no materials. So I think what the Member
for Jimara has said is right. What we have already is too much. Almost
like the first Republic for political reasons villagers would just decide
to build a school and they would support it, but in the final analysis no
teacher. I think this is something we must look at. It is not just enough
to build schools everywhere because the more schools you have, the more
difficult you are making it for any school to have a particular catchment
area. Because if two schools are using the same catchment area, in the
long run they would be faced with the problem of low enrolment. If you go
to Sutukoba now, they have less than 50 students because all the catchment
areas are now been occupied by other lower basic schools. So that is not
anything to go by.
On Health
Health, paragraph 67 of the Budget Speech! Yes, some who spoke before me
where very happy that there are many hospitals everywhere. I am not at all
happy with the manner hospitals are been proliferated throughout the
country. I am not happy. Imagine Mr. Speaker that we have only one
hospital in the whole of URD; that hospital is even inferior to a major
health centre. You said it here Mr. Majority Leader that there is no drug
there. Somebody said that there is only one doctor there. Not only that
there is only one doctor; even if there ten doctors, there is nothing
there! I have been there many times. No drugs! Some people’s homes have
more drugs than Bansang Hospital. It is true!
Minority Leader, Churchill Baldeh interjected: Point of Order
Speaker: What is your point of order?
Churchill: I didn’t say that there wasn’t a doctor; I said we lack people
who can operate on major causes.
Speaker: It was the Member for Basse who said so.
Member for Basse, Sellu Bah: I said so and I have my proof because many
people are been referred from URD to Bansang.
Churchill butted in: I want to clarify the misunderstanding that there are
no drugs in Bansang. It is not true! It is not true because I know there
are drugs in Bansang.
NAMs chorus: How do you know? What is your proof?
Sidia: Mr. Speaker, I am not saying anything here out of just talk. I have
been to Bansang many times.
The trend in the developing world is not the establishment of hospitals
everywhere. The trend is establishing solid, well equipped major health
centres and few solid referral hospitals, well equipped. You have the
Riyal Victoria Teaching Hospital in our context. What is in that hospital,
that hospital which has been there before I was born? What is there? What
we need which I think should be taken seriously is solid referral
hospitals and solid major health centres to ease the burden on hospitals.
That is what we require and that is what we can manage. Mr. Speaker, we
can train well qualified nurses and midwives here. We can train CHNs, SRNs
and midwives, solid ones here who can run our major health centres. And
then we should make efforts to establish few referral hospitals, well
equipped referral hospitals! Mr. speaker, our tragedy is when you are sick
and go to the RVTH, the board meets and decides that you cannot be treated
there, full stop. That’s the end of it. If you don’t have money, you are
done for. I have seen patients and there are still those types of patients
here whose ailments have been decided that they cannot be treated here,
full stop. And they are at home, they have no money. Sometimes they write
about them in newspapers asking for donors to help them, children as well
as adults. Some of those people live and die here. I know many of them.
They eventually died because they could not afford to go to Europe or
anywhere else for treatment. Even that alone can kill. So what we need
today are referral hospitals where almost every case can be treated.
To be continued
Mayor Jeng, Man Of The Year
Mr. Pa Sallah Jeng, the suspended Mayor of Banjul who was recently
restored to his position by a High Court order, has been named “Man of the
Year 2005” by “The Gambia News and Report” Weekly Magazine. In a letter
conveying the news to Mayor Jeng, Mr. Swaebou Conateh of the Dippakunda
based Gambia Communication Agency and Baroueli Enterprises, the publishers
of “The News and Report,” states that Pa Sallah Jeng’s selection was based
on the conviction that his case “l...illustrates possibilities for the
individual citizen who cares enough about his rights under a democratic
dispensation and points to the importance of individual strength of
character and high principles in the face of all adversities.
“2. You have shown, by your conduct and example, a high level of self-
restraint, personal discipline, forbearance and modesty especially in the
face of accusations against you culminating in the steps council members
embarked upon to have the SoS for Local Government suspend you from office
and set up a task force to enquire into your administration of the Office
of Mayor of Banjul.
“3. By so doing, you have reserved to yourself respect and admiration
which won to your side the unreserved applause of many Gambians when you
were legally recalled to your post as Mayor of Banjul.
“Since we believe that, like some other prominent leaders of the past,
your story will remain for all Gambians an important example of good
leadership to serve as a point of reference in terms of civic
responsibility and service to the nation, and in the pursuit of individual
rights as enshrined in our constitution, we take this opportunity to
salute you for what you have been able to achieve in the annals of our
country’s history. We know your courage, steadfastness and highly
commendable principled stand in the face of all adversities are bound to
remain a source of inspiration and exemplary conduct to our citizens now
and generations unborn.
The letter also tells Mr. Jeng of:
“1) Your singular and exemplary achievements as an ordinary citizen who,
imbued with a high sense of national service and devotion to civic
responsibility, successfully contested as an independent candidate the
2000 mayoral election for Banjul, despite formidable odds.
“ 2) The leadership and administrative skills you have manifested in
running the office of Mayor of Banjul with dignity, and in successfully
implementing under adverse conditions imaginative and feasible policies
aimed at increased revenue generation to fully meet the municipality’s
budgetary requirements for both recurrent and capital expenditure.
“ 3) Above all, the courage, determination and commitment you have shown
in dealing with the problems of working with a council comprising a
majority of members belonging to opposing parties. This is best
exemplified recently by the way and manner in which you successfully
challenged in the High Court, the procedure and the basis used by the
Secretary of State for Local Government and Lands to suspend you from
office.
“As the High Court declared subsequently, your suspension as Mayor of
Banjul by the
Secretary of State for Local Government and Lands “is null and void,” and
contrary to the Local Government Act 2002 as amended. The Court further
made an order directing the Secretary of State to reinstate you as Mayor
of Banjul, and to prohibit him from interference with your Office as Mayor.
The letter ends by telling Mr. Jeng that the management of “The Gambia
News And Report” weekly magazine being thus satisfied that he has met the
requirements to be designated the magazine’s “Man of the Year 2005,”
congratulates him “most heartily on your selection and designation.
‘’The Gambia News and Report” magazine, which started publication as a
monthly in 1992, has since June 1996 been published weekly. The magazine’s
editor and publisher is Swaebou Conateh who is also the Managing Director
of the publishing company, The Gambia Communication Agency and Baroueli
Enterprises.
The criteria for selecting “Man of the Year,” as explained by
the letter, is based on the following considerations:
1). The person selected must be someone who, through his/her work,
profession or personal endeavour, is judged to have contributed the most
to the public welfare and to advancing the country’s development in the
interest of all Gambians.
2). He or she must have contributed significantly in enhancing
in a direct and tangible form, the social and economic status of Gambians
as a whole.
3). He or she would have put in place for posterity facilities
and or infrastructures and other achievements that can serve as a lasting
memorial of his/her contributions to national development.
Previous Man or Gambian of The Year named by the paper were Amadou Samba,
Pa Sallah Jagne, Dr. Ebrima Samba, Dr. Lenrie Peters, Lamin Waa Juwara,
Isatou Njie Saidy, Bye Lamin Jobe, Mrs. Harriet Ndow, Imam Karamo Touray,
Hassan Jallow, Ousman B. Conateh (Fisko), Muhammed Jah, Deyda Hydara.
------- End of forwarded message -------
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