Issue No. 67/2007, 11- 12 June 2007
Editorial
PARDONS AND ARRESTS
Special Plea for Lamin Darboe
Musa Suso, Former MP for Kombo North is Released.
David Colley, the Commissioner of Prisons is detained.
Some claim that this should teach all those who are in charge of the custody
of prisoners that they are not immune to arrest.
Foroyaa, however, wishes to draw attention to a different lesson.
In the past, few Gambians hardly knew what was inside the walls of our
prisons. It was a taboo for many to get close to the prison not to mention being
incarcerated.
Today, many people see the prisons as detention centres where the convicted
and those not even charged co-exist.
In the past, one used to find very few literate people in the prisons. Now
they may be counted in the majority. Some remain in doors for years waiting
for their trials like those who were accused of armed robbery in U.R.D. No one
knows whether they are innocent or guilty.
The president had a discussion with his cabinet and the Chief Justice
regarding the Criminal Justice system. However the problem still remains.
Needless to say, the detention of David Colley at the Central Prisons is a
recent example that the transformation of the Central Prisons into a detention
centre is not yet history.
We, therefore, call on the Inspector General of Police and Director General
of the NIA to put a stop to any detention at the prisons without a remand or
imprisonment warrant issued by a court of law. The Attorney General should
advise the government to put a stop to any detention for more than 72 hours
without court appearance, as well as, detention of persons who have not appeared
before courts in our prisons.
Finally, Foroyaa wishes to make a special plea for the doyen of the central
prison, who all young prisoners look up to for advice and is referred to as “
uncle”. Most people who have been detained at the maximum security wing
cannot forget the remarkable impression that this prisoner makes on a person. His
history as a prisoner is legendary. Foroyaa is informed that he was convicted
before the coup d’etat. It is claimed that on the day of the 1994 coup d’
etat he was at the hospital with other prisoners and when it became apparent
that a coup was in the making the guards disappeared leaving the prisoners
behind. Foroyaa is informed that as the prisoners tried to flee Lamin convinced
them that the best thing was to go back to the prisons and wait for the
outcome of the tense moments. When the coup succeeded Lamin anticipated that his
act of patriotism and honesty will be rewarded. 13 years have actually elapsed.
Lamin is still waiting. Who would have arrested him 13 years ago if he left
the country? Lamin can be a good rehabilitation officer for any youth
rehabilitation centre. He knows the young prisoners and the prisons more than
anybody. The President will do justice and an honour by giving Lamin Darboe a
pardon.
DETENTION OF PRISON OFFICERS
David Colley, the director general of Prisons is detained at the Central
Prison at Mile Two, this paper has reliably learnt. The detention of Colley came
in the wake of investigations mounted at the Prisons by officials of the
Serious Crime Unit of the Police and President Jammeh’s decision to grant
amnesty to Musa Suso. Suso was convicted and sentenced to eight years of
imprisonment after he was found guilty on drug related charges. However, his
co-convict, Ndeneh Faal is serving his prison term. Three prison wardens, Sergeant
Peter, Corporal Sarjo and Private Abbas are also detained. They were detained
before Colley was incarcerated by the authorities. It is reported that Rose
Klyn, the deputy director general of Prisons has taken over from Colley, and has
moved from the Jeshwang Prison Camp to the State Central Prison at Mile Two.
The police spokesperson, Superintendent Jobarteh, has told this paper that
the police are yet to finish their investigations at the prison. Asked whether
the investigation had anything to do with the detention of David Colley,
Jobarteh said he is not sure whether it has anything to do with it, but was
quick to say that everything will be clear by today or tomorrow.
TOURISM AUTHORITY REVISITS LAW ON TOURISM
By Annia Gaye
The Gambia Tourism Authority (GTA) held a workshop at the Senegambia Beach
Hotel on 7 May 2007 to review the law on tourism.
Mr. Amadou Ceesay of The Gambia Tourism Authority (GTA) welcomed all the
participants to the workshop which he said is very important.
Mr. Ceesay said that tourism regulations are critical because they set the
rules that govern the tourism industry in The Gambia. He reminded the
participants that the Gambia Tourism Authority Act 2001 empowers the Secretary of
State for Tourism and Culture, under section 73, to make regulations for the
better carrying out into effect of the provisions and purposes of the Act.
Mr. Ceesay said that the overall purpose of the regulations is to give legal
backing to procedures put in place by the GTA and to better complement and
support the work of The Gambia Tourism Authority with a view to enhancing the
level of quality and standards of our tourism products.
Mr. Ceesay continued to dilate on the agenda of the conference which he said
covers a diverse range of issues that are related to the development of
tourism in The Gambia. He also opined that there is a need to provide a forum to
deepen the dialogue process and reach a consensus on the best way forward to
regulate the tourism industry. He then urged participants to help put in
place a framework that would not only regulate the industry but will also help
attract the required investors needed to further develop Gambia’s tourism
product.
Mr. Ousman Kaliba Senghore, Director General of GTA, informed the
participants that the law on Tourism can be found in a number of pieces of legislation.
He, however, said that the Principal Act is The Gambia Tourism Authority Act
(2001). He further maintains that Regulation or control of the tourism
industry is principally the responsibility of the GTA but as he said, several
Government Departments are also involved in administering relevant or related
legislation.
Mr. Senghore said there are some laws that are applicable to the tourism
industry that are outdated and others with penal provisions that are contrary to
current economic realities. The penal provisions he insisted are so
insignificant that they do not act as a deterrent, especially where there is hardly a
chance of an offender being prosecuted for breaches.
Mr. Senghore indicated that there is not much co-ordination between the
various authorities who have responsibility for the administration of the various
laws or regulations. He gave an example of Health laws covering the tourism
industry which are described as old and out of tune with the current trends
in the tourism sector. He said that all the relevant legislation is not
contained in one Act, which he argued would make it difficult for interested
persons, including prospective investors to immediately have at hand all the
relevant laws, or easily understand the whole legal framework applicable to the
sector. Mr. Senghore gave an inventory of the present tourism related
legislations, regulation, licensing, taxation and fees structure, as well as, other
sectoral legislation that impact on the management of the tourism sector.
He informed participants that the GTA Quality Control and Licensing Unit has
published several requirements which needs to be satisfied before obtaining
a number of the licences which it issues to the following service providers:
ground tour operators, food service and accommodation providers, craft
markets, the equipment hirers and other tourism enterprises.
Mr. Senghore cited the TDA land administration as another problematic area
in their day to day work. He said GTA believes that there ought to be clearly
defined mechanisms and procedures for the allocation and better management of
land for tourism and its related investments. He said, it is essential for
increasing the overall quality of tourism products and services. He went on to
say that whilst there is land allocated for tourism infrastructure such as
for the construction of hotels, resorts, lodges etc, along the coast, land
allocation has been carried out in some cases with total disregard for the law.
He said leases have been granted and can be held for several years without
any development and with no resultant sanctions.
Mr. Senghore spoke about illegal erection of structures and temporary
structures and kiosks erected without any planning permission in the GTA Act that
enables the GTA to evict such trespassers. This responsibility, he said, falls
on the Department of Physical Planning and Housing.
Mr. Amadou Sarr, the human resource personnel at the GTA said Tourism
regulation is critical as it sets rules that would govern the tourism industry in
The Gambia. He reiterated that the purpose of the regulation is to give legal
effect to procedures put in place by GTA to complement and support its work,
with a view to enhancing the level of quality and standard of the tourism
products. Several presentations were made by the consultant Mr. Clive Barrowman,
who is the drafts person, and Kathy-Ann Brown, a legal adviser.
Bill to Increase Gratuity & Pensions of NAMs Passed
By Bubacarr K. Sowe
Last Monday, the National Assembly passed a bill entitled the National
Assembly Salaries and Pensions Bill (Amendment) Bill 2007. The bill seeks to
increase the gratuity and pensions of ex-national assembly members with effect
from 30 January, 2002.
According to the parent Act, the National Assembly Salaries and Pensions Act
1997, ex- national assembly members are entitled to a gratuity of 12.5% of
the total emolument that a member has received during his/her membership of
the assembly. The new bill seeks to increase the percentage to 25%.
Members who wish to opt for a pensions payment would earn 25% of their total
annual income as gratuity, plus a pension which is calculated on the basis
of a formula.
The bill has amended the National Assembly Salaries and Pensions Act 1997.
The law has come into force on January, 30, 2002, according to the bill.
Moving the bill before the National Assembly, the Secretary of State for
Foreign Affairs and National Assembly Matters, Bala Garba-Jahumpa, said the
objective of the bill is to cater for adequate remuneration for National Assembly
Members and revisit their status after a successful term of office.
“When one ceases to be a member of the National Assembly, one should be able
to continue to be an honourable member of society,” SoS Jahumpa said.
Sellu Bah, member for Basse, who seconded the Bill, said the
parliamentarians are like any other contracted individuals who need such a scheme.
The minority leader and member for Kiang West, Momodou Sanneh, said the
amendment would bring the status of the National Assembly Members to higher
heights. Mr. Sanneh also called on SoS Jahumpa to come up with a Bill for
ex-members of parliament, so that their experience can be utilised by allocating them
a package since the National Assembly will be expanded with a new building
in the near future.
Eventually, the Secretary of State promised the Minority leader that he
would consult the necessary authorities on a bill for the plight of ex-members.
SoS Jahumpa also assured the member for Basse that he would take up the issue
of all other allowances with the Solicitor General and Attorney General’s
offices. The member for Foni Kansala, Sheriff Abba Sanyang, said it is sad to
see ex-National Assembly Members in certain situations. He lauded the
amendment, adding that it will make life for ex-Members honourable in society.
Sidia Jatta, member for Wuli West, said the amendment is to regularise and
normalise the gap between parliamentarians and others following an increment
of salaries across the board to 25 percent excluding the National Assembly
Members, whose earnings just rose by 12.5 percent.
The member for Tumana, Hon. Netty Baldeh, said that after all the pessimism,
the bill has finally been made available and they appreciated it.
Fabakary Tombong Jatta, Majority leader and member for Serrekunda East, said
the National Assembly is elected by constituents to serve as an oversight
institution. Abdoulie Saine of Banjul Central said the amendment is in the right
direction.
ANOTHER PLUS FOR WOMEN’S PROTOCOL
By Bubacarr K. Sowe
National Assembly Members on Wednesday, June 6, adopted the report of the
joint regional consultative meeting on strategies for accelerating the
ratification of the African Union (AU) Protocol on the Rights of Women held from the
2 to 3 April in Tunisia.
Contributing to the debate on the motion, Babanding Daffeh, Member for
Kiang-Central, said he is not against women being empowered, but said care needs
to be taken. He quoted a case study in Tunisia in which their judiciary
interprets the Islamic law in a way that does not conflict with the Protocol.
Haddy Jagne of Jeshwang Constituency said that the empowerment of women is
not new. Mrs. Jagne spoke about women’s importance and participation in
society. She pointed out that women are allies in development who want to bridge
the gap between them and the men.
The majority leader and Member for Serrekunda East, Fabakary Tombong Jatta,
said the issue of empowering women is not a controversy, but those who are
Muslims would want it to conform with Islam. He called on the educated women to
look back and bring along their illiterate colleagues in order for them to
achieve their goal.
Sidia Jatta, Member for Wuli West, said that the freedom and rights women
are asking for is already guaranteed by the country’s laws, adding that what
they (women) need to do is take what is given to them. Mr. Jatta said the
constitution has already shown that a woman has an equal right with a man.
Counsel Strives For Custody of Child
By Bubacarr K. Sowe
Mr. Mai Fatty, counsel for Fatoumata Dem, who is facing a murder charge at
the High Court, has asked the court not to allow the accused to be separated
from her child. The counsel told the court on Thursday, June 7, that the
Social Welfare Department and the Prison Council have forcefully separated the
child and her mother who is presently detained at the State Central Prison, at
mile 2.
Fatty argued that taking the child to the SOS Children’s village without her
mother’s consent violates the constitution, the Children’s Act 2005 and
other international laws, stressing that the act cannot be justified as adopting
and fostering a child.
The lawyer said the Children’s Act makes a provision that only a Children’s
Court can give an order under such circumstances, which he believed, has not
been given to the Social Welfare and the authorities at the prison.
Fatty told the court that such an act is capricious and high handed, which
if allowed will set a dangerous precedence and nobody’s child will be safe.
Merley Wood, the state counsel prosecuting the case involving Fatoumata Dem,
objected to the accusation made by the defence counsel.
Wood argued that the mother was counselled and her consent was sought in
taking her daughter to the SOS Children’s Village. The presiding judge, Justice
Sanji Monageng asked the defence counsel what might be the best interest of
the child, whether it is for the child to be at the SOS Children’s Village or
at the prisons with her mum.
Mr. Fatty responded that if the process is unfair, the result will be fatal.
He gave reference to a similar case few years ago at the High Court in which
a four year old child refused to be separated from her convicted mother and
finally the court released and deported them to Guinea.
The matter was adjourned for ruling this week.
Fatoumata is on trial for allegedly murdering one Batoli Dem of Dogoroba
village in the Central River Region. She acquired legal assistance after
revealing in court two months ago that she cannot afford the cost of hiring a
lawyer, saying that she is poor and her parents are deceased. Mr. Fatty who was in
court sympathised with the young woman and told the judge he would offer her
assistance free of charge.
Media Organisations On Fatty’s Trial
Committee to Protect Journalists
Fatty was charged a year ago in connection with a March 24, 2006, story
incorrectly reporting that former Interior Minister Samba Bah was among more than
20 people detained in the wake of a purported coup attempt. The paper, known
for its critical coverage of President Yahya Jammeh’s government,
subsequently ran Bah’s response and its own apology, but intelligence agents sealed off
the paper and detained Fatty incommunicado for two months. General Manager
Madi Ceesay, who is also GPU president, and Editor Musa Saidykhan were
detained for three weeks apiece but later released without charge.
“We condemn the criminal conviction of Lamin Fatty whose case highlights the
authorities’ pattern of using extra-judicial detention and harsh criminal
penalties against the press,” CPJ Executive Director Joel Simon said. “We call
on the appeals court to overturn Lamin Fatty’s conviction and we reiterate
our call to the Gambian authorities to lift all restrictions on The
Independent.”
“If a simple reporter who has no say about the final content of an article
is held responsible for publishing false news, then, this verdict sets a
dangerous precedent in our country,” Fatty told CPJ.
Last month, CPJ named the Gambia one of the world’s worst backsliders on
press freedom.
Media Foundation for West Africa
Lamin Fatty, a reporter of the banned- Banjul based “The Independent”
newspaper charged with publishing “false information” was on June 5, 2007
convicted and fined 50, 000 Gambian Dalasi (about 1,850 US$).
Media Foundation for West Africa (MFWA) sources reported that if Fatty who
has been unemployed following the illegal closure of the “Independent”
newspaper defaults in the payment of the fine he will go to jail for a year.
Fatty was charged under Section 181A of the Criminal Code which in its
amended form makes the publication of “false information” a criminal and
punishable offence. The 24 March edition of “The Independent” erroneously reported
Samba Bah, a former minister of the interior and former head of the National
Intelligence Agency (NIA), as among those arrested in the aftermath of an
alleged coup. The newspaper subsequently published Bah’s rejoinder and also
apologized to him.
The police soon after raided the offices of “The Independent” and arrested
all staff members, including Madi Ceesay and Musa Saidykhan, General Manager
and Editor-In-Chief, respectively. They have since been released without
charge. Fatty was arrested by the Gambian police on April 10, 2006 and was
illegally detained for 63 days.
The MFWA condemns the increasingly high-handed use of the law to criminalize
speech and expression in the Gambia .
Professor Kwame Karikari
Executive Director
INTERNATIONAL FEDERATION OF JOURNALISTS
Media release
5 June 2007
The International Federation of Journalists (IFJ) today condemned the
conviction of Lamin Fatty to a one year jail sentence or a heavy fine, for “false
publication” after he had been illegally detained for two months in prison,
coupled with a lengthy trial.
“We are deeply shocked … and we vigorously condemn the Act as harsh and
unwarranted”, said Gabriel Baglo, Director of IFJ Africa office. “There is no
need to convict Fatty who has already been illegally detained for two months
and most especially when the paper had issued a corrigendum and an apology in
relation to the said publication. The heavy fine …is unrealistic and uncalled
for.”
The Kanifing Magistrates’ court, ( 12 kilometres outside the capital,
Banjul) presided by Magistrate Buba Jawo, today convicted and sentenced Lamin Fatty
to a fine of 50,000 Dalasi (about 1900 US dollars) or in default to serve
one year imprisonment.
According to APA news agency, the presiding magistrate said Fatty published
a false story that the former Interior Minister, Samba Bah was arrested in
connection with a coup attempt in March 2006 when it was not true. According to
IFJ sources, a certain Corporal Samba Bah (not the minister of interior) was
arrested in relation with the coup attempt that was published by The
Independent and which led to the arrests of the editors, the assault and the closing
of the paper in March 2006.
Reporters Without Borders
Press release
5 June 2007
GAMBIA
Reporters Without Borders energetically condemns the sentence of a year in
prison or “optional” fine of 1,850 dollars (1,375 euros) which a magistrate’s
court in the town of Kanifing today imposed on reporter Lamin Fatty for
getting facts wrong in a story for the now banned, privately-owned biweekly The
Independent.
“Fatty was already held illegally for two months in this case,” the press
freedom organisation said. “His publisher and his editor were also held for
several weeks in a completely illegal fashion. Pay up or be imprisoned, this is
the threat that President Yahya Jammeh now wants to hold over his country’s
press.”
A court headed by judge Buba Jawo convicted Fatty over a 24 March 2006
report in The Independent headlined “23 ‘coup plotters’ arrested.” It listed the
names of 23 well-known figures who had supposedly been arrested in
connection with an abortive coup attempt three days earlier. One of the persons named
was Samba Bah, a former interior minister and former head of the National Inte
lligence Agency.
An enraged Bah immediately informed the newspaper he had not been arrested
and his denial was published on 27 March 2006 under the headline “I have not
been arrested” together with the apologies of the newspaper’s management.
Despite the prominent retraction and apology, publisher Madi Ceesay (who is
also president of the Gambia Press Union, the country’s biggest journalists’
union) and editor Musa Saidykhan, were arrested the next day after criminal
investigation police raided the offices of the newspaper and placed a seal
over the entrance.
Ceesay and Saidykhan were released on 20 April 2006, four days after the
arrest of Fatty, who was held until 12 June 2006. Despite the absence of any
judicial order, The Independent continues to be closed and has not brought out a
single issue for the past 14 months.
FOCUS ON POLITICS
1981 POLITICAL CRISIS
PPP STRUGGLES FOR ALL SEATS; NCP LEADER FIGHTS FOR LIFE AND POLITICAL
SURVIVAL
With Suwaibou Touray
We have been focusing on politics and that exercise motivates us to analyze
the political history of The Gambia from the pre-colonial to post
independence era. We have dealt with the 1981 Rebellion led by Kukoi Samba Sanyang. We
are now analyzing the aftermath of the coup, the state of Emergency in which
the 1982 election was held. We have stopped where we said,’ after the congress
the PPP had over 150 aspiring candidates vying for only 35 seats in
parliament whilst the Opposition had not a single candidate to nominate at the time’.
Let us pick up from where we had stopped.
The question that bothered the opposition sympathizers at the time was
whether Sheriff Dibba could stand as a Presidential candidate or not. What was,
however, not in doubt was his popularity. This became clear when he arrived in
court on Monday 5 April 1982, together with six others charged with offences
in connection with the abortive coup against President Jawara. Thousands
thronged on the court vicinity to give solidarity whilst others, no doubt, went
there to satisfy and verify for themselves as to whether it was indeed true
that the leader of the Opposition Hon. S.M Dibba was the one implicated.
Many abandoned the hope that he could stand as a candidate for either the
presidency or parliament. Apart from the legal stumbling block, many were
convinced that a man who was shackled with over 20 serious crimes against the
state which could land him in prison for life or much worse to the gallows, if
found guilty, would have the temerity to think of any other matter apart from
how to escape from such an imbroglio.
But it soon became clear that being charged with an offence alone does not
bar one from standing in an election. On the day of his nomination as
presidential candidate, the court house again got crowded with countless hundreds of
his party members and supporters. News also went across that his party would
file candidates to contest in almost all the constituencies in the country.
However, the troubling thought remained and that was, could an opposition
party win an election under Regulations, (12) and (19) of the Emergency powers
regulations of 1981? The answer had always been a ‘NO’, but others maintained
that no one could know what would happen; that elections could always spring
unpleasant surprises.
The position of Sheriff Dibba could only be to fight to the finish. As
Cheyasin Secka had asserted in the Topic Magazine, in 1991, years after his
incarceration, that “If the end was going to come, I wanted it with some dignity.”
So under the circumstance one could only imagine that Sheriff would feel the
same way as Cheyasin or go for it all and see if an extraordinarily
unpleasant surprise could emerge, as it did for Kwame Nkrumah in 1957. So all the
stage was set for the battle. For the ruling PPP, it was still trying to sort
out the many aspiring candidates which had already created silent war within
their ranks.
By Monday 12 April 1982, Nomination of candidates for the parliament was
closed and records had shown that three candidates of the PPP had already been
returned unopposed. The PPP candidate for Niani, Mr. Talib Omar Bensonda, Hon.
Assan Musa Camara of Kantora and Mr. Saikou Sabally of Sabach Sanjal went
unopposed. The PPPs selection had created some resentment within their ranks.
Some of those who were rejected felt that they were the right choices for
their people and as such would instead stand as independent candidates. Many
attempts were made to persuade them to rescind their decision but to no avail.
Internally, the PPP Party hierarchy also had petty contradictions in the way
and manner the selection was done. The URD area was the most troubled or
feared area for the party, as far as the parliamentary candidates were
concerned. It went as follows; Mr. M.C Cham of the PPP, a long term serving Minister
of State since the 70s was opposed by a Mbemba Tambedou, who was backed by
influential people who felt that their representative to the House (Cham) who
should have helped them when they have personal, as well as, official problems,
had now grown feathers, meaning instead of being their servant he had become
their lord. So Tumana became a battle ground not between the Opposition and
the ruling party but between the various factions of the PPP itself.
In Basse constituency, the incumbent, Alhaji Kebba Krubally who was the son
of a head Chief stood for the PPP but received very strong objection from the
populace who felt that the position of Chief and parliamentarian should not
be handled by a father and son at the same time. They feared that a semi
aristocratic hegemony was about to be installed in their constituency, so they
backed Bubacarr Baldeh, a son of a very strong and influential ex-politician,
Mr. Micheal Baldeh of Mansajang. The NCP also filed Mr. Sulayman Sumbundu which
made it a three legged race, thereby putting in doubt whether two against
one ruling party candidate would augur well for Buba, even though he was seen
to be very popular.
In Wuli, the incumbent was Mr. Sainey Singhateh of the PPP but the NCP put
up a brother of a rich diamond dealer, Mr. Solo Darboe, who had been helping
the people with gifts of rice during the hungry season of August. The
candidate was Muhamed Darboe.
As for Sandu, the PPP filed Alhagi Musa Darboe, whose selection was objected
to by many electors who in turn nominated Alhagi A.K. Touray as independent.
The feeling was that Mr. Darboe had grown too big to represent them; that he
had no time for them when they approached him for their problems and moreso
he was posted as ambassador to Libya and therefore could not be accessed when
they needed him. But one Mr. Kisima Sillah was also filed by the NCP, who
came from Sutukonding, a big community in the constituency. The fear was that
he may off-set the chances of the independent candidate.
Apart from the URD, the other thorny area was the Badibus, where Dr. Lamin
Kebba Saho, who contested against Dibba in the 1977 elections as an
independent, now stood as the candidate of the ruling party for the Central Badibu
Constituency.
Meanwhile, good news was received by the PPP through the West Africa
Magazine that Kukoi had infact been expelled from Guinea Bissau where he took
sanctuary. Reports went on to say that Kukoi had been expelled with nine of his
lieutenants who took part in last July’s attempted coup to topple Sir Dawda
Jawara; that this came shortly after the presidents of Guinea, Guinea Bissau,
Gambia and Senegal agreed at a meeting in Conakry to co-ordinate against
subversion and destabilization in the region. It was later discovered that Kukoi got
asylum in Libya which created a diplomatic rift between The Gambia and
Libya, a country which helped to establish the GPTC and many projects in the
country.
However, shortly before this, an unpleasant publicity was made by a British
Newspaper that Jawara had bought or attempted to buy a very expensive yacht
in London. The president was said to be so unhappy about the allegations that
he had to take legal action against the Newspaper which he eventually won,
but which no doubt had already made the incalculable damage to his reputation,
portraying him as not only greedy but arrogant and refusing to learn lessons
from July 30.
To prove that he meant business, should he emerge winner of the 1982
elections, the president announced the establishment of a commission of Enquiry
under Section 2 Subsection (1) (c ) of the commission of inquiries Act Cap 28.
This commission consisted of the following people;
1. Mr. A. A. B. Gaye-Chairman
2. Mr. M.A. Jallow- Member
Mr. Sedia K. L Sagnia-member. Many began to feel that the old patient, cool,
calm Jawara was no more; that the July 30 rebellion has indeed influenced
the course of events; because Jawara had always argued against such an inquiry.
TREASON TRIAL
Detective Continues Testimony
By Bubacarr K. Sowe
Sergeant Lamin Cham, a police detective continued his testimony on Wednesday
6 June at the treason trial of Tamsir Jassey, Alieu Jobe, Omar Faal (Keita)
and Demba Dem, who are accused of involvement in the March 2006 alleged coup d
’etat.
Sergeant Cham, who appeared as a prosecution witness, said during the course
of investigating the foiled coup, they recovered a micro-recorder and its
cassette from the current Chief of Defence Staff (CDS) Brigadier General Lang
Tombong Tamba.
Sergeant Cham said the tape contains a conversation that transpired between
Colonel Ndure Cham, the ex-CDS (the alleged ring leader of the plot) and Mbye
Gaye, a military officer. He testified that on March 26, 2006 they invited
The Gambia Radio and Television Services (GRTS) following a request by Captain
Wassa Camara, who is jailed for life for the same offence.
He added that the request was meant for the suspects to appeal to the public
and the President and those who were willing to appeal were given the
opportunity. He said those who volunteered to speak to the nation through GRTS
included Captain Wassa Camara, Captain Bunja Darboe, Captain Yaya Darboe,
Regimental Sergeant Major Alpha Bah, Tamsir Jasseh, Alieu Jobe and Omar Faal (Keita).
Sergeant Cham added that while they were investigating the plot, he and
Abdoulie Sowe went to GRTS to recover the video tape containing the appeal. He
said they were followed by the Director General of GRTS to the National
Intelligence Agency (NIA) head office, where he made a formal handing over and the
tape was marked in green and labelled - ‘Coup Plotters’ Cassette.’
Cham added that it was received by Sowe, who handed it over to the Panel
investigating the coup as evidence. According to him, the panel was comprised of
thirteen members constituted by the police, NIA and the military. Cham told
the court that the seventh accused person Omar Faal (Keita) was taken to his
residence where they searched for some ‘Jujus,’ a purported list of names of
coup plotters and some lists of charities.
Cham alleged that they knew about these items when Alieu Jobe, sixth accused
person, told them that he visited Faal for him to prepare charms for him so
that those who were arrested would be released and those who were not yet
arrested would not be. Cham narrated that he and Abdoulie Sowe recovered a list
of names written in English by Alieu Jobe, a list of charities on Faal’s
praying mat, a paper written in Arabic under the foot of the accused person and a
speech written by Captain Bunja Darboe which was supposed to be read to the
public after the coup. He indicated that after the investigation, a report
was passed to the CDS, as part of the case file, and later on passed on to the
Attorney General’s Chambers. He admitted signing the report and the CDS too
signed the same report. He said Cham was given the alleged paper Bunja Darboe
wrote, the alleged list found in Faal’s house, a video tape and a
micro-recorder and its tape which he said were the items they found.
On March 25, 2006, Cham said the fifth accused person, Tamsir Jasseh
appeared before the panel investigating the coup plot and he was asked to say what
he knew about it. The Prosecutor Emmanuel Fagbenle then asked him how long he
knew Jasseh, Cham answered that he had known him since he was Deputy
Inspector General of Police and Director General of Immigration.
However, defence Counsel Borry Touray, during Cham’s testimony, submitted
that the content of the video cassette is confessional and called for a trial
within a trial to test the voluntariness or otherwise of the video cassette
containing the appeal. The prosecution then objected to the defence submission
arguing that the content of the video cassette can only be confessional if it
was made to an authority which has control over the suspects. GRTS,
according to the prosecutor is an independent neutral public body which the video was
made for.
The proceedings were adjourned at this stage for a ruling on the trial
within a trial.
PA SALLAH JENG’S TRIAL ADJOURNED
By Bubacarr K. Sowe
The economic crimes trial of Pa Sallah Jeng, suspended Mayor of Banjul,
could not proceed on Friday at the High Court, as the presiding judge was said to
have gone to see a doctor. Jeng’s trial was scheduled to continue on Friday,
following a ruling on Wednesday that he has a case to answer on four out of
the six charges preferred against him. He was freed on two charges
The matter is expected to continue on June 19. Mr. Jeng who was elected
Mayor of Banjul in 2002 on an independent ticket was removed from office by the
executive. He filed a suit in court against his removal and the court ordered
his reinstatement which the executive is yet to comply with.
Subsequently, the executive charged him with six criminal offences.
D19 MILLION KANILAI FARM CASE
Aziz Tamba and Mustapha Bojang Testify
By Fabakary B. Ceesay
The D19 million Kanilai Family Farm case, involving Aziz Tamba and others,
is drawing to a close with the testimony of Mustapha Bojang and Aziz Tamba
before Magistrate Pa Harry Jammeh of the Kanifing Magistrate Court. The accused
persons have recently opened their defence.
Mustapha Bojang said since business started at the farm in 2005, he used to
advise Aziz Tamba as to how inimical his activities are to the success of the
farm. He said Aziz used to do things on his own without consulting them. He
added that Aziz always told them that he was the one in charge and that they
should act on his orders. Mr. Bojang said as the assistant manager at the
time, any time he suspended some people; Aziz would use his powers to return
them to work. He cited an incident where he seized the keys of one of the truck
drivers who refused to take the President’s Cattle to Kanilai, as ordered by
the President. Bojang added that Aziz ordered him to give back the keys or he
would sack him as he (Bojang) was employed by him (Aziz), like any other
employee. Mr. Bojang denied liability concerning the missing monies, saying all
the movements and actions were ordered by Aziz Tamba. Bojang indicated that
the entire farm’s money was controlled by Aziz. He added that he never
received any money on his own orders but on the orders of Aziz as the head of the
farm.
In his testimony, Aziz Tamba, the former Manager of the farm, said he never
knew Mr. Bojang until he was introduced to him by one Henry. He said Henry
introduced Bojang to him as somebody who knows how to deal in rice business
because Bojang has been working with Baba Jobe on a rice deal. Aziz said he
later introduced Bojang to the president. He said when the consignment came, the
president asked them to go to the Port to disembark the rice from the vessel.
He noted that their stores at Banjul and Kanifing were supplied, but could
not say the number of bags it amounted to. He added that he did not know the
amount they paid to the labourers. Mr. Tamba denied embezzling any monies from
the farm, adding that the other accused persons are accusing him of
something that he had no knowledge of. He said the procedure at the Farm was that all
monies to be taken from the Farm should be signed. He said he did sign for
all the monies that he received from the treasurer.
GTU CREDIT UNION HOLDS AGM
By Isatou Bittaye
The Gambia Teacher’s Union Cooperative Credit Union (GTUCCU), on Saturday 9
June 2007, held its annual general meeting. The ceremony was held at the GTU
office in Kanifing.
Speaking at the meeting, the officer in charge of the National Association
of Cooperative Credit Union of The Gambia (NACCUG), Mr. Nuha Sanneh, said the
occasion is a manifestation of the high level of democracy prevailing in the
GTUCCU. He said that credit unions are democratic Financial cooperatives, and
as such, they don’t have customers, but shareholders.
Mr. Sanneh noted that NACCUG is satisfied with the level of growth
registered by the GTUCCU in membership, savings and loans. He indicated that
statistics have shown that GTUCCU’s saving grew from D328, 603 in July 1998 to D37,
130, 698 in December 2006. Mr. Sanneh added that within the same period, loans
to members grew from D271, 192 in July 1998 to D29, 185, 144 in December
2006. He said that the percentage growth registered in savings, loans and
membership within the eight year period is unprecedented and thus speaks for itself.
Mr. Sanneh added that the GTUCCU Financial statements for the period under
review have shown a positive return on investments and he urged them to
rekindle their efforts in ensuring that members take loans rather than withdrawal
from savings that in effect would make their quest for financial
self-sufficiency much closer.
Representing the Vice-President and Secretary of State for Women Affairs,
the Basic Education SoS, Ms. Fatou Lamin Faye, said she is enthralled with this
year’s meeting theme; that is, “Credit Union- Making a World of Difference.”
Ms. Lamin Faye added that the theme is most topical and pertinent because
it is conclusive. SoS Faye indicated that the fact that education is a
powerful tool that can result in upward social mobility, disrupt the unfavourable
reproduction of social trends and emancipate people, make it the duty of all
those in education to do their utmost in ensuring that the education we provide
or acquire is positively exploited to serve these purposes for the
development of our societies. Ms. Faye said that Financial Institutions should
similarly play these roles as educational institutions in ameliorating the plight of
impoverished persons, in addition to investing in social development
programmes and providing loan facilities to help people out of destitution and want.
Also speaking at the meeting, the president of the GTU, Mr. Omar J. Ndure,
said that the Board’s activities must be visible to Credit Union Members as
this is the prime indicator for transparency and accountability.
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