Foroyaa Newspaper Burning Issue
Issue No. 37/2007, 30th March – 1st April 2007
Editorial
FOCUS ON THE INDEPENDENT ELECTORAL COMMISSION
THE WAY FORWARD
Presidential and National Assembly elections are behind us. Only the council
election is pending. It is however necessary to draw the necessary lessons
so that the credibility of the Independent Electoral Commission (IEC) will be
enhanced. It is evident that the process of having a fair election starts
with the identification of those who are qualified to be registered as voters.
In The Gambia, this is still a problem because of the lack of an effective
system in registering births and a transparent system in handling the issue of
nationalization.
A modern country which aims to be an economic super power and model for
Africa cannot afford to have a Stone Age system of determining citizenship. Where
in the modern world in the 21st century do you find people acquiring the
right of a citizen by simply preparing a form without any security feature and
allow any five elders to sign it to attest to one’s nationality? This crude
way of determining citizenship is what obtained during the last registration of
voters. The same goes with determination of age of the applicant for a voter’
s card. This is why the election observers saw so many young people of
doubtful age in the queues. It is also not surprising that as immigration officers
move about to check on those who have not paid for and acquired their alien
identification card they keep on arresting people with Gambian documents
whose children in Gambian schools would stand and protest against their arrests.
We continuously asked what was the reason for the shortage of material since
120 million dalasi was supposed to be available for the electoral process
leading to council elections.
The situation became more confused when the then chairman of the Commission
was removed and detained after claiming that the president gave the IEC money
to procure materials to enable them to complete the registration exercise.
Foroyaa is reliably informed that the IEC has acknowledged that President
Jammeh provided them with a sum of money to the tune of $US10, 000 dollars to
complete the registration exercise; that a balance of 4, 200 dollars which was
not spent has been returned to the president by the current chairman.
What the nation wants the SoS for Local Government to explain is the reason
for the president’s intervention when 120 million dalasi had already been
allocated to the IEC?
Interestingly enough the IEC submitted a budget amounting to D33, 498, 70
(thirty-three million, four hundred and ninety-eight thousand seven hundred and
four dalasis for the conduct of deletion exercise, supplementary
registration of voters, Presidential election, National Assembly election and Local
Government elections.
Despite the availability of 120 million in the books only 31, 045, 093 was
provided by the government.
Why was there any need for the president to give assistance? Was the money
approved by parliament merely on paper? Was it really available? We hope the
Secretary of State for Local Government and Finance will help us to answer
these questions. Financial independence is the first stage of guaranteeing the
integrity of the IEC.
Immigration Officers Brutalize Suspect
By Fabakary B. Ceesay
At the Wellingara Police Station on Wednesday, at about 11.30 am to be
precise, when three immigration officers brought a young man into the station they
physically and verbally assaulted him. The incident found this reporter
standing inside the station who therefore witnessed the whole scene.
When the three immigration officers arrived at the station on board a taxi
they hurriedly whisked a young man out of the cab. The three officers, who
were sweating and looking very angry, lifted the young man and dropped him on
the floor of the station verandah. One held him by the neck, the other sat on
him holding his hands while the third was kicking and beating him. Some of the
other police and immigration officers rushed to help their colleagues. The
young man was dragged into the station. He was shouting at the top of his
voice trying to explain something. But the officers would not listen or even care
about what he was trying to say. He was put behind the counter sweating and
breathing heavily in a torned shirt. A female police officer was trying to
get a clue of what he was trying to explain whilst one of those officers who
brought him, who was still sweating and raging with fury, kept on shouting on
him, “Shut up! You think you can stand us; will you stand your officers in
Nigeria? You have no papers and you want to fight us in our own country, we will
jail you and see what comes out of it,” he uttered as he heaved. Another one
also kept on hurling angry invectives at him. One officer, not part of the
three also added, “You are lying, you think you can out smart us, you think we
don’t know you Nigerians. We will charge you for assaulting officers on
their duties.” The same officer rushed towards the counter as if he was going to
attack the man. He halted himself and said, “Put him in the cell, we will
deal with him later.” The young man, who was in his mid 30s was able to explain
something to the female officer and a man in plain clothes.
According to the man, he was having documents, but that he was in a court
case and the prosecutors in the case seized his documents. He added that the
said prosecutors were at Bundung police station, mentioning some names. He
explained that the prosecutors gave him clearance papers which indicate that they
were holding his documents. He indicated that the clearance paper guaranteed
his passage with the authorities. The man alleged that the said clearance
paper was confiscated by the three officers and one of them tore it into
pieces. He vehemently denied assaulting any of the officers and said that he was
only trying to explain to them the importance of that tored paper to him. Most
of the officers, both the immigration and the police insisted that the man
was fabricating stories.
AT THE COURT MARTIAL
COUNSEL APPEALS FOR EXTENSION
By Fabakary B. Ceesay
Defence counsel, Lamin K. Mboge, told the court that the entire defence
counsels are presently preparing their written addresses separately. He said that
because of various issues at stake, none of them has presently finished
writing their addresses. He asked the court for more time to finish their written
addresses. He said that they will serve the court with their addresses on or
before the 3rd April. He also added that they will serve the prosecution by
the 4th April 2007. L.K Mboge also told the court that, L.S Camara has
informed him that he (Camara) had earlier on filed a case to the court. He
maintained that he would not elaborate on the issues until Camara is present at the
court.
The state counsel, Emmanuel O. Fagbenle, did not object to the defence’s
application for extension of time. The Judge advocate, Justice Akimoyae Agim,
ruled that the defence should file their addresses before 3 April. The
application was granted. Hearing continues.
IN SENEGALESE CUSTOMS TRIAL
“Court Lacks Jurisdiction” – Says Counsel
By Bubacarr K. Sowe
Antouman Gaye, counsel for the five Senegalese nationals standing trial on
fire arms charges, on Thursday, urged the Kanifing Magistrates’ Court to
recuse itself from hearing the case and discharge the accused persons. He said the
court does not have jurisdiction to hear the matter. The accused persons,
Serigne Ngum, Pap Drammeh, Saidou Cham, Yusu Jobe and Alieu Cham are charged
with “Possession and importation of fire arms into The Gambia.” They pleaded
not guilty to the charges that are preferred against them.
Appearing before Magistrate Pa Harry Jammeh, Mr. Gaye urged the court to set
aside the charges against the accused persons, noting that the boat they
were arrested with also belongs to the Senegalese government. The defence
tendered a certificate from the Senegalese High Commission in Banjul that the boat
belongs to their government. He also tendered a statement written by the High
Commissioner to the Gambia Department of State for Foreign Affairs
indicating that the boat is a property of the Senegalese government.
Because of the peculiar circumstances of the matter, Gaye said Gambian
courts lack jurisdiction over the case. He added that the Gambia and Senegal
respect each other’s sovereignty and have exchanged ambassadors.
Mr. Gaye cited numerous cases to support his argument. He also gave
reference to the United Nations Convention on the Laws of the sea, arguing that the
Gambia cannot exercise its criminal jurisdiction over a foreign vessel that
traverse its waters. He added that there are exceptions, but it does not apply
to this matter in court.
Mrs. N.B Jones-Nebo, who appeared for the prosecution said she is surprised
that the defence who were expected to cross-examine the prosecution’s witness,
did not proceed.
Mrs. Jones-Nebo did not object to Gaye’s application, but observed that her
colleague, Merley Wood is more familiar with the matter. She said that the
defence should have come up with this argument sometime later in the case.
The state counsel applied for an adjournment to enable her study the
plethora of the cases, Mr. Gaye cited. The presiding Magistrate then deferred the
matter to April 5th for continuation.
ABDOULIE SONKO’S TREASON TRIAL CONTINUES
By Bubacarr k. Sowe
The treason and murder trial involving Abdoulie Sonko and the state
proceeded in court on Thursday 29,April 2007.
Sonko is alleged to have taken part in the military assault on the Farafenni
Army Camp in November 1996. In her submission before Justice Monageng,
Merley Wood who is prosecuting the case, told the court that she had been unable
to get the pictures required in court as evidence, and applied for the case to
proceed.
As the sixth prosecution witness, Lieutenant Colonel Biran Saine began to
answer that he can recognise the “bearded man” in the said pictures, the
defence objected to the question that was asked by the prosecution.
Defence counsel, Mai Fatty, said the prosecution cannot give reference to a
picture that is not before the court. Mr. Fatty argued that it can amount to
hearsay evidence. The prosecution at this point applied for an adjournment in
order to reply to the defence’s argument. Trial continues today.
STOP PRESS
Where Is Fatou Jaw Manneh?
At the time of going to press, a caller asked Foroyaa for the whereabouts of
a former reporter of Daily Observer, Fatou Jaw Manneh. According to the
caller, he heard of her arrival from abroad at the airport on Wednesday but never
saw her at home. Foroyaa will investigate the matter.
COMMODITY PRICES AT SERREKUNDA MARKET
By Annia Gaye
ITEMS CURRENT PRICE
Rice per bag (lower price D550.00
Rice per cup (lower price) D3.00
Tomato per 400g tin D20.00
Tomato per 830g tin D40.00
Tomato per spoon D2.00
Fresh tomatoes (per measure) D2.00-D5.00
Onion per bag D260.00
Onion per measure D2.00 – D5.00
Cooking oil container 10 litres D280.00
Cooking oil container 5 litres D170.00
Cooking oil per cup D6.00
Palm oil per cup D10.00-D13.00
Pepper per measure D2.00 – D5.00
Bonga Fish (kobo or chalo) D5.00 – D10.00
“Joto” D20.00 – D25.00
Cat Fish D20.00 – D25.00
Chicken leg per carton D400.00
Chicken per leg D15.00
Sugar per bag D700.00
Sugar per cup D4.50 – D5.00
Meat beef and bone D75.00
Meat beef steak D90.00
Flour per bag D580.00
Flour per kilo D15.00
FOCUS ON POLITICS
SHED MORE LIGHT ON M.E JALLOW
With Suwaibou Touray
Dear Columnist,
I am a reader of your most informative column (Focus on Politics) which I
must say I enjoyed reading very much. However you have been mentioning Mr. M.E
Jallow as a Union Leader in your articles since colonial times. From what I
have read so far, Mr. Jallow has done a lot of contribution for not only Gambia
’s Trade Unionism but also to the politics of both Pre-Independence and post
independence era. This is why I, in particular, and I am sure many other
readers. would appreciate if you can shed more light on him in your next issue.
Yours sincerely,
a reader.
M.E Jallow Veteran Unionist, Great Leader and Keen Visionary
Thank you very much for your request. It is my plan to write on individuals
who have made contributions during those difficult times, not right now but
in the near future. However, one cannot ignore such an important and timely
request, but to give a clue.
According to information, Mr. M.E Jallow is translated as Momodou Ebrima
Jallow. He was the son of Mr. Ebrima (John) Jallow and Amie Njie. According to
Mr. Man Joof, in a publication for a programme to re-name one of Banjul’s Old
Streets- Hope Street- to M.E Jallow, it was mentioned that he was born at
George Town on the 15th January 1928 in the protectorate, the Administrative
Headquarters of Macarthy Island Division, now Central River Region.
According to records, he attended the St. Augustine’s Primary and Secondary
Schools. He was said to be a very popular sports man and an outstanding
scholar; that he worked in the Department of Education as a Civil Servant and
later took up the job of Co-Operative Inspector and Organizer at the inception.
Mr. Jallow was said to be very versed in the Holy Quran and attended the
Masamba Ceesay Dara at Lancaster Street, Banjul.
By 1957, Mr. Jallow started the commercial and Industrial Worker’s Union
after a brief strike at the Middletons Constructional Works at Denton Bridge. He
then attended the ICFTU course in Kampala, Uganda and appraised himself with
trade Union duties.
On his return, he set upon organising a National Union which resulted in the
formation of The Gambia Workers Union which he headed. This union got
affiliated to the ICFTU where he was appointed as the Regional Secretary General
(Africa) with office in Lagos, Nigeria in 1964. Prior to this he was Secretary
General of W.A.Y (World Assembly of Youths) in 1960.
According to the publication, the foundation of The Gambia Workers Union
paved the way for predominance of the labour movement for the next Quarter of a
century.
Between 1961 to 1965, the union was engaged in a series of general strikes
which secured what is called the “Longed” for Government and Commercial
recognition for Gambian Workers.
The creation of (Joint Industrial Councils) and the negotiations for minimum
wage workers proved successful and further enhanced the popularity of the
union. As you might be aware, the history of trade unions in The Gambia and, in
particular, the G.W.U shows that it was not always easy and a successful
course. From its inception in 1957, it underwent a period of organisation and
transformation into a General Workers Union.
According to Mr. Man Joof’s article “The General strikes of 1961 raised the
popularity and increased Membership to its height. Right up to Independence
the Union wisely agitated for Independence but upheld a strict Neutrality in
Politics. But the Unions opposition to the first Republic whilst he was away
in Nigeria on AFRO’S mission caused some internal rupture and antagonised the
Government for calling what they considered as irresponsible strikes by
Members. Strikes in 1967 to 1970 further prejudiced the Government towards the
Union. The Government from 1975 considered the Union dangerous to allow it to
operate and in Jan 1977 the G.W.U Certificate of Registration was withdrawn.
This introduced a New Course in the Labour History of The Gambia.
With the participation of the CNTS of Senegal, Jallow and others set up a
Trade Union Centre, The Gambia Workers confederation with Jallow as its Head
and Leader. Jallow later accepted the Government’s invitation as a nominated
M.P for Labour. This unfortunately was prevented by his death in 1987 at the
age of 58 years.
Jallow was a great Leader with a keen vision for the future of The Gambia.
He gave talks and Trained in Workshops and seminars. Jallow was a member of
the London Constitutional talks for independence where he met with
Parliamentarians in the British House of Commons. He had an alert mind and was a well
read man. He took great interest in social works and was over generous to the
needy. He secured scholarships for many to study abroad and paid the school
fees of many children in the country.”
His watch words were solidarity and unity. His kindness and sympathy had no
limits and that he was said to have been a champion of the underdog.
According to research, given the sensitivity of the colonial and post
colonial state to urban and rural mass protests, it might be imagined that the
workers with their tradition of militant resistance and their high degree of
bargaining power, constituted an important force for change within the political
economy.
Many governments who do not intend to give workers their rightful dues tend
to keep workers and their unions at bay. They would sometimes even want to
control their leaders by way of coercion or inducement. But workers generally,
as was the case in Gambia, were said to be not interested in seizing
political power. Research, infact, showed that workers do not even possess a vision
of alternative socio-economic order, except some vague notions of a more
democratic and more prosperous society.
Observers noted that workers were not even interested or are not bothered
much about what system of government is in place, as long as the politicians
are honest, prepared to listen to their grievances and demands and to deliver
the goods.
As in the 1975 general strike, according to the Outlook, unions in the
Gambia were thrown asunder by party politics instead of unity as a body that
serves as a representative of their true aspirations.This instead led workers to
tend to adopt an attitude of indifference to trade unionism in general.
According to the ‘Senegambian Sun’, some joined groups servile to political
parties and as such, party allegiance came before union allegiance. But the
outlook maintained that, what caused distress was the unprecedented sharp
increase in the prices of foodstuffs especially the basic commodities,
groundnut, rice, meat, fish, etc.
This was why by 1975, the’ Wallers Report’ according to the “nation” could
not address or reduce the disparity but instead, it was seen to have widened
it. This must have forced unity on the various unions. And the GUC workers,
i.e., the technical employees, threatened to down tools if their grievances
in normalizing the difference were not met.
This was why, on Monday 15th November 1976, which was called “Red letter day,
” GUC workers stormed the ministry of labour and warned the then Minister of
Labour, Mr. Kalilu Singhateh, of an eminent strike action.
Mr. M.E Jallow called on the minister and explained their mission but said
it would be beyond his powers to restrain workers if on a given date their
demands were not met. He told the Minister, “We are following Waller’s
Commission Report.”
After this meeting, according to the Outlook newspaper, many of the GUC
workers, such as Mr. J.D Cole, Personnel Manager, Mr. Akie Allen, a graduate
Engineer, Mr. Eddy Ndow, superintendent engineer, Mr. Yusufa Samba, Mr. Sheikh
Jobe, Mr. Bruce Oliver, Mr. Benjamin Roberts, Mr. Garnet Coker, Mr. Davies, Mr.
Ebou Gaye, Mr. Jagne and a few others, were all dismissed.
This irritated the workers until they all downed tools. The Outlook said the
information they got was that the then Field Force (paramilitary) went from
house to house and collected workers, some detained right away; others were
told to appear in court. What was the result, on the 18th November 1976, the
entire community was deprived of water and electricity service without notice
because all other workers had to walk out in sympathy with those who were
arrested thus prompting new negotiations.
According to Mr. Man Joof’s article, after 1975, Government’s tolerance of
labour movements was reduced markedly till 1981 when unions were allowed to
begin the process of Registration, and by 1985, Mr. Jallow was part of a panel
that drafted the new Labour Act, 1990.
Mr. M.E Jallow alias Jallow-Jallow died in 1987 after a brief illness. On
12th December 1998, during the ceremony to re-name Hope Street after him,
Workers made a procession from Edward Francis Small Memorial Ground, near Gamtel
in Banjul to Jallow-Jallow Street with the song, famous during the strikes; “
We shall not be moved.”
IN THE IEC CASE
Ex-Boss Denies Claim
By Fabakary B. Ceesay
Mr. Ndondi Njie, the former boss of the Independent Electoral Commission
(IEC) has told the court that he was never arrested by the NIA, but that he was
only invited to make a statement. Mr. Njie made these remarks at the Kanifing
Magistrate Court on Tuesday during the cross examination by lawyer Musa
Batchilly. Batchilly put it to him that, the meeting that he called with Sulyaman
Sait Mboob was a plan to blame Mr. Ceesay, who has done nothing wrong. Mr.
Njie replied that the meeting was not attended by Mr. Mboob alone, but that it
was a normal commission’s meeting. “Are you telling me that, you never had a
meeting with Mboob and the accused person (Ceesay)” said Batchilly. Mr. Njie
replied, “No, because there would have been other persons present at the
meeting in connection with the case.”
According to Mr. Njie, the said meeting was done to give Mr. Ceesay an
opportunity to react, which he had done. Mr. Njie added that he was never arrested
by the NIA but that the NIA came to his home and asked him to make a
statement and was later invited to the NIA office for further clarification. He said
he was later detained by the NIA. He denied that the issue about Mr. Ceesay
did not come up while he was under detention. “The issue concerning Mr.
Ceesay was dealt with by myself, long ago before I was removed from IEC,” Njie
said. Mr. Njie added that after his removal, he wrote a letter to the IEC
informing them that Code Incorporated has no right to claim for damages, because by
their own rules, all firm orders should be accompanied by full payment. Mr.
Njie indicated that the specimen of his signature was not taken at the NIA
Headquarters but at the Police Headquarters. He said that he did not tell the
writing expert that he had a small “N” in his signature which means Njie”.
Batchilly put it to him that he was trying to implicate Mr. Ceesay. The 72,
year old former IEC boss said. “That is ridiculous.” The presiding Magistrate
was Bubacarr Secka. Hearing continues. Mr. Kawsu Ceesay, the former Chief
Electoral Officer of the IEC was charged for allegedly forging the signature of
his former boss purporting the approval of purchase of electoral materials
valued at D6 million, he pleaded not guilty to the charge.
IN BAKAU UDP CANDIDATE’S TRIAL
Police Officer Alleges Faked Notes
By Modou Jonga
A police officer, Mr. Nfansu Saho attached to Yundum Police Station, said
while on duty on 22nd January 2005, one Abubakarr Sowa, a Ghanaian was arrested
with faked notes of Gambian currency at Busumballa and was brought to his
office for investigation.
During the course of the investigation, the witness said, information was
given by the said Ghanaian which led to the location of the accused person. The
witness said at the same time he was working at the Ministry of Finance.
The witness stated that the accused person was arrested at the coastal road
and the faked Gambian notes were found in his vehicle. At the Yundum Police
Station, noted the witness, a search was conducted on the accused and faked
notes were found in his possession. The alleged faked notes, according to the
witness were sent to the police headquarters. The denomination of the faked
Gambian notes, stated the witness, was a hundred dalasi note (D100) with serial
number 281978 and thirty five (35) notes in D50 denominations.
Testifying further, the witness, also stated that faked 54 notes in D50
denominations were seized. The alleged faked notes which were identified by the
witness were tendered in court and marked collectively as exhibits. The said
D100 (one hundred dalasi) according to the prosecutor was earlier on tendered
in court before a different magistrate. The statement of the accused,
according to the witness was obtained in the presence of an independent witness. The
said statement, noted the witness was signed by both the accused person and
the independent witness.
The said statement was also tendered in court and marked as an exhibit.
During cross examination, by the defence counsel, lawyer Darboe, the witness was
demanded to show his finger rings to the court, which the witness did.
The witness also told the court, that an amount of 54 (fifty four) in fifty
dalasi (D50) denominations were found in the possession of the said Abubakarr
Sowa in his house.
Mr. Nfamara Bojang, the accused, has pleaded not guilty to two criminal
charges. On count one, the accused has pleaded not guilty to two criminal
charges. On count one, Mr. Bojang is charged with conspiracy to commit felong in the
month of January 2005 at Busumballa village, and on count two, he is charged
with being in possession of faked Gambian currency notes. The trial was
adjourned to Tuesday 17th April for the continuation of the cross examination of
the first witness.
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