Foroyaa Newspaper Burning Issue
Issue No.68/2007, 13 – 14 June 2007
Editorial
THE BOMBSHELL
The Daily Observer report that Gambian dissidents are receiving the support
of the Senegalese government has struck many Gambians like a thunderbolt from
nowhere.
While the rumour has been going on for a long time, especially after the
arrest of Senegalese custom officials their recent pardon and release was seen
by many to be an indication that the relation between the two governments
were being restored to a state of normalcy.
However, the newspaper reports state the contrary. Foroyaa had tried to
sound the official report since the rumour started to spread but to no avail.
Foroyaa has sent its feelers everywhere to try to detect whether there are
signs of acknowledgement of an immediate threat but have read none.
We have not received any information indicating the creation of an armed
opposition. Hence whatever may be happening must be in its formative stage. It
is, however, important for the government to realise that the people are
taking the developments in the news very seriously. Many feel that the country is
under threat.
The government should therefore call a press conference to clarify matters
for the population.
LADY COUNCILLOR SENT TO JAIL FOR PERJURY
By Lamin Fatty
The National Women Councillor in Basse, Aja Kumba Korah, who is also PW1 in
the ongoing trial of the UDP candidate Saiba Sanyang and nine others, was
sentenced to 14 days at the Janjangbureh Prison for perjury by the Basse
Magistrate Court.
The imprisonment of Aja Kumba was prompted after she confessed that all her
testimony in court was false and misleading. This left the defence with no
other option but to apply under section 95(1) of the CPC to charge her for
misdemeanour and perjury. This offence is punishable under section 95(3) of the
laws of The Gambia. In his ruling the presiding magistrate granted the
application of the counsel but also exercised mercy for not sending the victim to
the maximum jail term of seven years but instead to a minimum of 14 days.
However, magistrate Baldeh, earlier on, cautioned PW1 to be truthful in her
evidence, since she took an oath but the witness continued to mislead the court.
The defence counsel, Lamin Jobarteh, maintained that his application be
implemented as he withdrew from asking further questions after the witness confessed
that all her testimonies are false. He told the court that he based his
application on three reasons; (1) that the court is the temple of justice which
is the last resort for people to seek redress; (2) if the court fails then
everybody is in trouble; (3) the court should protect the innocent people except
the offenders of law.
Before the court proceedings which took place at the commissioner’s Bantaba,
due to the commencement of the high court, the court visited the scene of
the alleged offence in Basse Manneh Kunda to test the credibility of the
complainant’s testimony while under cross examination by Lawyer Jobarteh.
Readers could recall that the UDP candidate in the 2007 National Assembly
election in the Basse constituency and nine others are currently standing trial
for unlawful Assembly and common assault presided over by Magistrate Amadou
Tony Baldeh. 1781 Kinteh is the Police Prosecutor. The case was adjourned
till 9 and 10 July for continuation.
Aja Kumba Korah is a Staunch APRC Supporter.
Although she was sentenced to imprisonment on Monday 11 June by the
Magistrate’ Court, up till Tuesday evening, she was still seen at the Basse Police
Station rather than Janjangbureh Prison.
INTERVIEW WITH HALIFA SALLAH
Foroyaa: Welcome back. Can you answer the question that many people have
asked in your absence: Have you abandoned NADD, in particular, and politics, in
general?
Halifa: This is a warm way to welcome me. Let me state right away that no
sovereign Gambian who is conscious of his/her ownership of the country as an
equal partner with all other Gambian can be oblivious to how the Gambian state
is organised and managed, which is the essence of politics. There is no
indication that I have lost interest in how the Gambian state is organised and
managed.
In actual fact, I am more concerned than ever as most of the things I told
the electorate became evident less than three months after I ceased to be a
National Assembly member. Even when I am abroad, I received daily reports of
things happening at home. This is why I had to write an open letter to
President Jammeh on the murder of Sheriff Minteh.
Foroyaa: What about NADD?
Halifa: The memorandum that established NADD states that “The Alliance
stands dissolved when the majority of its members sign a petition to call for its
dissolution. Member parties of NADD have been leaving NADD as individual
parties. Needless to say once a party leaves NADD it is no longer a member of
NADD and cannot call for its dissolution.
Hence, majority is determined by the members of the parties which remain as
members or come to join NADD at any given period. NADD is therefore legally
viable. What is important is to determine whether it is politically viable. At
the moment it has one member in the National Assembly, in comparison to four
seats by the UDP. NADD is therefore more politically viable than the parties
which do not have seats even though they contested under their party tags.
Hence if we are to determine whether NADD should be dissolved out of choice
the people of Wuli West would have to be consulted to know whether they prefer
Sidia Jatta to go back to PDOIS or remain as NADD which has a short term
democratization agenda which has been acclaimed internationally by foreign
governments, as well as, international or multi national agencies or as a model for
political transition in emerging democracies.
Every important personality I have given the memorandum to would come back
to me to state that Gambia has lost a golden opportunity. Sidia is going on a
constituency tour immediately after the National Assembly sitting and is
likely to consult widely to know what the people in Wuli think.
In my view, PDOIS should be the last party to withdraw from NADD to confirm
that contrary to the accusations that it will not join any opposition
alliance, it has remained in a principled alliance that does not give supremacy to
any given party up to the end. This is my hope. If the dissolution of NADD is
called for there will be a by election for the Wuli West seat. I am confident
that if the people are asked to dictate what Sidia does whatever happens
they will give him support.
Foroyaa: Some people have expressed that you did not coordinate NADD to
achieve success.
Halifa: When I left Atlanta I had the Mandate in 2003 to help build an
alliance of opposition parties. When the Memorandum of Understanding was signed, a
clause stated that my work of coordinator ceased as of the date of
signature. I had accomplished my task. Interestingly enough, instead of electing
another coordinator I was unanimously selected again. I guess I was doing
something right.
Foroyaa: What went wrong?
Halifa: This is a matter of opinion.
Foroyaa: Don’t you share blame as coordinator as some people try to allude
to?
Halifa: I have written my own version which I need to edit and have
published piece meal.
Foroyaa: When will this be?
Halifa: It had started but it was taken over by my engagement with the
Association of European Parliamentarians for Africa, The Pan African Parliament,
among others. I advise all Gambians who are genuinely interested in knowing my
opinion to follow the publication to the end in subsequent issues.
Foroyaa: Generally, people have appreciated your letter to President Jammeh
but opinions have been expressed that you should not wait until the APRC
fails to do something for youths in London before doing something for them.
Halifa: Politics has its subjective and objective conditions. People do not
appreciate opportunists who try to fish support from politically troubled
waters. Hence my aim was to push the regime to change its attitude towards the
young people and further show that I had no intention of making political
capital out of the incident. The fact that I was seen to be hesitant in coming in
just because of the incident confirms that I have achieved my purpose of
showing concern without appearing to be capitalizing on the situation for
political gain. I am glad that justice is taking its course.
Foroyaa: Can you comment on the political situation in the country as
reports alleged activities to destabilise the country?
Halifa: The situation is a cause for concern. One would have expected a
press conference by the Secretary of State for the Interior to clarify matters
rather than people developing perspectives based on newspaper publications.
Foroyaa: Is it true those dissidents led by Ndure Cham, Sanna Sabally,
Bajinka and Kukoi are preparing to destabilise the Jammeh regime?
Halifa: This can only be clarified by the Secretary of State for defence or
that for the Interior. These are national security matters. What is evident
is that there is a growing militarized situation near the Gambian border with
the Cassamance region. What I do know is that during the earlier phase of the
war in Cassamance, the fighting forces of the MFDC were close to the Guinea
Bissau border. Attacks by Senegalese forces used to push the combatants into
Guinea Bissau where they used to find sanctuary. This even brought strain
between Senegal and Guinea Bissau armed forces who were accused of hosting the
Cassamance fighters. Ansumana Manneh was seen to be their backer. His murder
was expected to put an end to the rebellion in Cassamance. However, it did
not. When President Vierra came back to office, it appeared that he wanted to
steer clear of the Cassamance conflict by ensuring that the MFDC moves away
from the Guinea Bissau border and move north.
Reports make it evident that the fighting is close to the Gambian border,
thus leading to the refugees and the danger of a spill over if there is a cross
over of fighters and hot pursuit by government forces, their proxy or local
groups.
Foroyaa: What then is the real state of things?
Halifa: In politics there can be a legal opposition and an armed opposition.
What is clear is that an armed opposition must have a command and control
structure, a programme and spokesperson. They would issue statements for the
population to know about their existence.
In short, no armed opposition can succeed without being embraced by a
population.
As it stands, it is the media which is informing the public about the
existence of the armed opposition. No force has issued any threat to the existing
regime. Hence what may exist at the moment are signs of political convergences
in preparation of an armed opposition if the press reports are to go by.
Foroyaa: What is the way forward?
Halifa: The people are the ones who become refugees in any war situation. It
is therefore necessary for the government to call a press conference to
inform the public of the details of what is happening. This is to be done to
address the situation. If newspaper reports continue without any press conference
to clarify matters panic may be the likely outcome. This could lead
importers to withhold imports, investors to withold investments and stagnation to
grip the economy. The people are entitled to know the truth. Once the truth is
known officially, the whole nation will begin to re-evaluate the way forward.
Foroyaa: What are your current plans?
Halifa: I am building the Centre for Social Science Research, Civic
Awareness and Community Initiative. I will be writing books and pamphlets and
conducting many consultancies worldwide and community services at home. I am also
going to engage in capacity building to upgrade my intellectual status. At
home, I will expand my support for communities.
Foroyaa: What about politics?
Halifa: It is not my right to search for a people I am to lead. It is the
right for the person to search for a person who can lead them. My duty is be
ready to serve at all times when I am needed by the people. Since the people
have given me a break I must make the best use of it so that I can be of better
service to them whenever they see the need to entrust me with a public
office. In the absence of that I must do what I know best, that is, to engage in
knowledge acquisition and production and public sensitization.
TOTAL INVESTMENT AND PROFIT ON OCEAN BAY HOTEL
By Abdoulie G. Dibba
The Secretary of State for Finance and Economic Affairs, Hon. Musa Bala
Gibril Gaye, asserted that the total investment in the Ocean Bay Hotel and Resort
was D400,507,000 (four hundred million, five hundred and seven thousand
dalasis) and the profit to date is approximately D9,700,000 (nine million, seven
hundred thousand dalasis). SoS Gaye asserted that the profit comes from
Management accounts and that’s why they are approximated. Hon Gaye said that
presently an auditing firm, Deloitte and Touche, are auditing the accounts of the
Hotel from 2004 to date. He argued that it should be noted that the hotel
operations started in 2004. Hon. Gaye made these assertions at the National
Assembly while responding to a question raised by the National Assembly Member
for Wuli West, Honourable Sidia Jatta, regarding the total investment and
profit made by the Hotel since its inception.
In answer to a similar question last year by the former minority leader Mr.
Halifa Salla, Mr. Gaye did indicate that the figures he gave were un audited.
NAM RATIFY D139 MILLION LOAN FOR 100 BOREHOLES
By Bubacarr K. Sowe
National Assembly Members, on Wednesday, June 6, ratified a loan agreement
between the Islamic Development Bank and The Gambia government to the tune of
3,340,000 Islamic Dinars, equivalent to 4. 870 million US dollars,
approximately 139 million dalasi, for the financing of 100 water points in four regions
in The Gambia.
Tabling the motion before deputies, the Secretary of State for Finance and
Economic Affairs, Musa Bala Gaye, said the objective of the project is to
improve the access to safe drinking water and sanitation for the rural populace
in the North Bank, Central River, Western and the Lower River Regions by
providing one hundred boreholes.
Mr. Gaye said the borrower will pay the principal amount of the loan in 30
years, including a grace period of ten years commencing from the date of the
agreement in forty equal and consecutive semi-annual instalments as set forth
in the agreement.
He added that the borrower shall pay a service fee of an amount initially
estimated at 289,912 Islamic Dinars.
The SoS said the components of the project are civil works for the ninety
boreholes equipped with hand pumps and ten other boreholes powered by solar
panel system and comprising elevated water tanks and pipe network.
According to SoS Gaye the ninety hand pumps will be distributed as follows:
five in Foni Bondali,five in Foni Bintang, three in Foni Kansala, three in
Foni Jarrol, one in Kombo Central, seven in Kombo East, two in Kombo South,
three in Lower Niumi, one in Upper Niumi, two in Central Baddibu, eighty in
Upper Baddibu, two in Lower Saloum, four in Upper Saloum, four in Nianija, five
in Niani, three in Sami four in Niamina Darkunku, three in Niamina West, two in
Niamina East, nine in Upper Fulladou West, four in Fulladou East, one in
Jarra East, one in Jarra West, one in Jarra Central, two in Kiang West, one in
Kiang East, one in Kantora, two in Wuli and three in Sandu.
As for the remaining ten boreholes with solar pumping distribution, one will
be in Foni Brefet, one in Foni Bondali, one in Foni Jarrol, one each in
Niamina West and East, one in Lower Niumi, one in Upper Baddibu, one in Kiang
West and two in Fulladou East.
Mr. Gaye also said that water committees to be charged with the maintenance
cost of the pumps will be set up in each targeted village, and will be
trained by the Department of Water Resources.
Sellu Bah, Member for Basse, who seconded the motion said the provision of
clear drinking water is equally important for both humans and animals.
Mr. Bah pointed out that the National Assembly has ratified a lot of
projects but never gets feedback from the executive who implement them.
The Member for Lower Niumi, Cherno Cham, said the monitoring of the project
lies with the implementers, the executive and not the legislature.
Mr. Cham added that what the deputies need to do is to make sure that the
project does not end into the doldrums.
Netty Baldeh, Member for Tumana said since the colonial days, governments
have not executed projects properly. Mr. Baldeh said that governments put more
emphasis on where the money goes into and not the output. He added that the
money spent on village water supply in the last thirty years is capable of
providing a borehole to each village in the country.
Paul Mendy, of Kombo South, said, since 1997, all the projects they have
ratified are doing well.
The minority leader and member for Kiang West, Momodou Sanneh said that the
loan will be paid by tax payers whose interest is paramount.
Sidia Jatta of Wuli West called on the SoS to consider constructing a
borehole between the villages of Jah Kunda and Sare Teneng in Wuli, whose herds of
cattle move up to neighbouring Senegal in search of water during the dry
season. Mr. Jatta pointed out that this has an economic value since cattle tax is
collected annually from cattle owners.
Alagie Sillah of Banjul North said the monitoring and evaluation of the
projects needs thorough checking since it is a loan to be paid back. He called on
the government to also study the terms of reference of contractors and see
who is more qualified for the work.
The Member for Foni Brefet, Bintanding Jarju, welcomed the news, adding that
it is sympathetic to see women queuing for water for long hours both day and
night.
Abdoulie Kanagie Jawla of Sandu said the public needs to be well sensitised
on the importance of taking care of the water facilities. Jawla said that he
is happy that the distribution of the boreholes was politically motivated.
Majority leader Fabakary Tombong Jatta said that the provision of clean and
safe drinking water is a rightful purpose.
“I WILL NOT WAIT FOR LAWYERS”
Says Magistrate Richards
By Fabakary B. Ceesay
Principal Magistrate Moses Richards of Kanifing Magistrates Court, on Monday
11, said that his court will not wait for lawyers who have cases before him
and do not come on time.
Magistrate Richards made this revelation during the hearing of the case
involving six ex-officers of the National Intelligence Agency (NIA), of which all
the lawyers involved were absent. The state counsel A.S Umar, told that
court that one of the defence counsels, Lamin Jobarteh, is in Basse and that they
had agreed on 21 June for the next proceedings. He added that he wanted all
the lawyers to be in court. Magistrate Richards told him that to accommodate
all those lawyers in court will be difficult for him to do so. Magistrate
Richard said, “This case has been dragging on for years now and to be adjourning
it will not be convenient to the accused persons. I will accept the final
adjournment, whether lawyers are in court or not, I will proceed with the case.”
The case was then adjourned. The six accused persons were present in court.
They are Lamin Drammeh, Basiru Jabang, Lamin Sanneh, Kajali Jawara, Fabakary
Barrow and Salimina Drammeh. They were all dragged to court by the state for
allegedly robbing two German nationals of their properties, which include,
two mobile phones, eighty pieces of diamond and cash amounting to 206,000 US
dollars. The defence lawyers involved in the case are, Lamin Jobarteh, E.A
Chime and Kombeh Gaye.
IEC FOGERY CASE
Handwriting Expert Asks for One Month
By Fabakary B. Ceesay
Chief Superintendent of Police Lamin Ndong (PW6) was cross examined by
defence counsel, Musa Batchilly, in the trial of Kawsu Ceesay, the then Chief
Electoral Officer of the Independent Electoral Commission (IEC), for his alleged
forgery of the signature of the then boss of IEC, Mr. Ndondi Njie. The case
was called at Kanifing Magistrate Court on Tuesday 12 June.
CSP Ndong told the court he had his training as a hand writing and finger
print expert in Nigeria and had studied for two years. He indicated that two
years is the required period for the course and that he had completed the
course with success. He added that he had obtained a certificate in hand writing
and later produced a photocopy of his certificate in court. CSP Ndong denied
receiving any specimen signature of Mr. Njie from the NIA and that it was not
to his knowledge whether it was also sent to the I.G.P. He added that he
obtained the specimen signature of Mr. Ndondi Njie. Counsel Batchilly told the
witness that the letter which was sent to the IGP indicated that the signature
of Mr. Njie was attached to it. CSP Ndong denied any knowledge of such.
Counsel Batchilly reminded the witness that he indicated that the documents sent
to him are (a) written documents from Kawsu Ceesay dated 2 December 2005, to
Mr. Njie, (b) A memo of Code Incorporated and (c) the specimen signature of
Mr. Njie. CSP Ndong noted that (a )and (b) were sent to him but that he
obtained (e) from Mr. Njie.
CSP Ndong said that, as an expert, he used fair factor principles to compare
the documents, that is, (1) form factor, which is the appearance of a
written letter, (2) movement factor, that is how the letters were joined to other
letters, (3) alignment factors, that is how the letters were written along the
line of writing and (4) the slant factor, which is whether the letters were
written from left or right and whether the letters are down or up. CSP Ndong
noted that he did not ask Mr. Njie to present other documents which he had
signed before, adding, “I believed in the recent specimen signature of Mr. Njie.
” Mr. Batchilly said, “can that be dangerous as the person can change his
hand?” CSP replied in the negative.
CSP Ndong said Mr. Ndondi Njie never told him that he used a small ‘n’ in
his signature which indicates Njie.
He said all the specimen signatures he obtained from Mr. Njie were all the
same. ‘I put it to you that by looking at these specimen signatures, some of
them are different from each other,’ says Batchilly. CSP Ndong said, “They are
all the same, because the important elements of the signature are there and
the material elements are also there in the signatures.” CSP Ndong was later
given a bunch of documents with Mr. Ndondi Njie’s signature to compare those
to the specimen signatures of Mr. Njie and to tell the court whether they are
the same. CSP Ndong said “I need ample time to do that, at least one month
to do it during my leisure time,” defence counsel Batchilly objected to that,
that one month is too much. Batchilly told the court that the case is very
important and therefore urged the court to order CSP Ndong to prioritize the
time in the case. The state counsel, A. S. Umar, said the witness is the only
expert in the field for the whole country and that he had other matters before
him like that of the treason trial. He said to give the witness more time
will be convenient for him to do the job. The witness indicated to the court
that they have to write to the I G P to inform him about the issue for him to
do the assignment. Counsel Batchilly urged the court to write an order to the
IGP for the expert to compare the signatures of Mr. Ndondi Njie and his
specimen signature obtained by the expert. The court agreed to write an order to
IGP. Case adjourned was to 10 July, for the expert to finish the job.
CIVIL SOCIETY ENGAGES NATIONAL ASSEMBLY ON EPAs
By Bubacarr K. Sowe
The Civil Society Coalition against the Economic Partnership Agreements
(EPAs) between the European Union (EU) and the African, Caribbean and Pacific
(ACP) countries on Tuesday, June 12 tabled a series of recommendations before
the National Assembly Speaker, Fatoumata Jahumpa Ceesay.
Ant-EPA’s campaigners have the belief that signing the agreement will
increase poverty in the developing countries, coupled with increasing food
insecurity, unemployment and will seriously affect the local industries which cannot
compete with the subsidised goods coming from the E.U countries.
In an interview with Foroyaa shortly after a meeting with the National
Assembly Speaker, Lamin Nyangado of Action Aid The Gambia said they have expressed
concern to the Speaker over the speed at which negotiations on the EPAs are
moving and that the government needs to take a strong stand against these
agreements because of its implications on the citizens.
Mr. Nyangado said most importantly their recommendations called on
government to take a position, noting that African governments need adequate time to
study the EPAs.
“That time we are emphasising should be respected and granted to the African
countries,” reiterated Nyagado.
He stated that they have been given hope by the Speaker that they will
consider the recommendations.
However, Foroyaa sought for an interview with the Speaker after receiving
the EPAs recommendation but she declined the offer.
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