Foroyaa Newspaper Burning Issue
Issue No. 025/2007, 2-4 March, 2007
Editorial
Daily Observer asked what Foroyaa really wants?
THE ANSWER
Foroyaa cannot understand what benefit it is to the government to violate
the human rights of its citizens.
Section 1 subsection (2) of the Constitution states that “The sovereignty of
the Gambia resides in the people of The Gambia from whom all organs of
government derive their authority and in whose name and for whose welfare and
prosperity the powers of government are to be exercised in accordance with the
Constitution.”
The fundamental law of the land states that the authority that the
government derives from the people should be exercised to promote their welfare and
prosperity.
Suffice it to say those living with physical impairment or disability are
entitled to the same rights as those who do not have the same physical
disability.
Section 31 of the Constitution states that “The right of the disabled to
respect and human dignity shall be recognised by the state and society.”
What Foroyaa wants is for the government to recognise that the disabled have
a right to respect and human dignity.”
Subsection (2) states that “Disabled persons shall be entitled to protection
against exploitation and to protection against discrimination.” Society has
neglected the right of elderly disabled persons to education, vocational
training and employment when they were young. Now they depend on begging to meet
their family needs. Many disabled persons are mothers and fathers who have
the obligation to meet the day to day needs of their children. An interview
with many of them would reveal that they have relied on begging to feed and
educate their children.
What Foroyaa wants is for the government to recognise that in a heavily
indebted poor country with most people living on less than a dollar a day,
begging is the only way many people make ends meet. Those living with disability
can be easily identified. However, there are more beggars in the street than
many people think. Since disability is visible this is why those living with
disability are being discriminated.
Foroyaa wants this to stop.
It wants people like Rambo, Kanyiba Kanyi, Ngorr Secka, Vincent Jatta,
Abdoulie Kujabie, Foday Barry, Omar Ndow, Chief Manneh and others, who are
detained for over 72 hours without charge to be released. It wants the government to
respect the human rights of all people in The Gambia.
It wants the Secretary of State for Health and Social Welfare to have a
meeting with those living with disability especially organisations like GOVI,
NUDY, GAPD and GADHOH to discuss how those living with disability can seek for
assistance without being a burden on anyone.
Where there is desire to find a solution there is a way. Foroyaa wants a way
forward so that no disabled person will be arrested for begging and
assistance provided to save them from poverty.
AT THE COURT MARTIAL
“I WAS ESCORTED BY MASKED SOLDIERS” - LIEUTENANT SANYANG
By Fabakary B. Ceesay
Second Lieutenant Pharing Sanyang of The Gambia Armed Forces has revealed to
the court martial that he was escorted by soldiers who wore black uniforms
(in a robot style) with masks over their heads on the day of his arrest.
Narrating further, 2nd Lieutenant Sanyang indicated that the members of the
group wore black knee guards and black gloves. He said they were armed with
PGL, AK47 rifles, pistols with bayonets hanging on their waists. When asked
whether he was able to recognise any of them, and how did he recognise them, he
responded that they were members of Malick Jatta’s group. He added that
since he trained most of them, it was easy for him to recognise them through
their voices, their sizes and the way they walked.
Going further, Sanyang pointed out that when he was taken to Mile Two
Prison, the authorities there searched and took his valuables from him. He said the
items included a mobile phone, gold plated wrist watch, silver chain, two
silver rings, bronze ring, beret, combat boots, pair of socks and three hundred
and fifty dalasi(D350) cash. He indicated that he marched barefoot to
security wing number five (5) where he was locked up; that the handcuff was removed
before he entered the cell, adding, “But for almost one hour and forty five
minutes I was in handcuff.” He said that a prison guard pointed to a bucket
and said it is his toilet and a concrete slap as a bed. Lieutenant Sanyang
explained that during his encounter with Malick Jatta he sustained injures on
his head and a broken tooth and that he was later taken to the polyclinic to
remove the remaining tooth. He said he was taken to the polyclinic on the 6th
April 2006 when his gum started developing holes. He said that he appealed to
Lieutenant Colley to take him to hospital to uproot the remaining tooth. He
said that he was attended by one doctor, called Emmanuel. Sanyang also said
that he gave his torn and blood stained uniform to his wife who in turn handed
it to his counsel. “But my lawyer later told me that his office was broken
into and the uniform was stolen,” he said.
Defence counsel Lamin K. Mboge asked the court’s permission for the
examination of his clients claims of injuries on him and to show the court the space
in his gum where his tooth was uprooted. He was then examined on different
occasions by both the panel and the prosecution. His hand and head were also
examined. 2nd Lieutenant Sanyang noted that when he sustained the injuries on
his head, Lieutenant Colley later asked him what had happened to him and he
said he told him that he was beaten. “Colley told me he will go to state house
to lodge complaint, because I am not the type to be beaten like this,”
Pharing said. Continuing his narration, Lieutenant Sanyang said that the day he was
taken to the NIA to appear before the Television, WO2 Nfally Jabang asked
him to speak to the Gambian people. “I told him I have nothing to tell them,
all of a sudden Colonel Tamba came in and asked them, how can you put this man
before the TV with those plasters and wounds on his head ?” he asked. He
added that the TV recording was cancelled, but he was asked to read his statement
in order for it to be recorded on tape. Lieutenant Sanyang concluded by
saying that he knew Tijan Bojang (the independent witness) personally. Tijan was
not present when he made this statement. See next issue for cross examination
of the witness by DPP.
VOIR DIRE AT TREASON TRIAL
By Bubacarr K. Sowe
Justice Avril Anin-Yeboah has ruled that the treason trial involving the
suspects of the March 21st foiled coup will go for a voir dire (trial within a
trial) to test whether the statements obtained from the accused persons were
indeed voluntary.
Wednesday’s ruling arose after the defence applied to the court to look into
the voluntariness of the statements. The application was objected to by the
prosecutors.
Testifying before the court, police detective, Lamin Cham said on March 28th
last year, Tamsir Jasseh appeared before the investigative panel at the
National Intelligence Agency. Cham said that Jasseh was asked about his
involvement in the foiled coup and after explaining his knowledge, he was asked
whether he is willing to give a statement, which he agreed to. Cham added that he
was instructed to obtain the statement from Jasseh. He said that he cautioned
him and that he was not forced to say anything out of his wishes. He said he
was told that anything he said will be recorded and could be used as
evidence. The detective officer said that Jasseh and an independent witness signed
the cautionary statement. He added that Jasseh then wrote his statement which
he signed, the independent witness also signed and likewise the detective
officer. According to Cham, Jasseh reappeared on 6th April at the panel and
another statement was obtained from him. He said that while taking down the
statement, an independent witness, Babou Loum came in.
Testifying further, detective Cham said that on the 28th March 2006, Omar
Faal Keita also appeared before the panel and was asked to explain his role in
the foiled coup. Cham said that Keita told him that he was willing to give a
statement. He added that he cautioned him and introduced the independent
witness Babou Loum to him. He said that he filled in Keita’s names in the
cautionary sheet and told him that he is free to say what he wish to say. Cham told
the court that he read out the statement to Keita about two to three times
and translated it too, after which Keita thumb printed and signed it and the
witness also signed. Cham said that on April 2nd, he took an additional
statement from Keita, witnessed by Babou Loum.
According to Cham, the erstwhile National Assembly Member, Demba Dem was
brought before the panel and asked to explain his understanding about the coup.
He said that before obtaining Dem’s statement, he introduced the independent
witness, Babou Loum to him. Cham said that he cautioned him accordingly and
filled in his names. Cham testified that Dem requested that he dictate and his
statement be written down, which he the witness and Cham himself signed.
Cham also said in court that his office, the major Crime Unit of The Gambia
Police force, was moved to the mile 2 Central Prisons during the
interrogation period.
Cross Examination
During cross-examination with counsel Lamin S. Camara, Cham said he was part
of the panel of thirteen investigators. He said that he is a resident of
Sukuta likewise his independent witness, Tijan Bojang. He also said he knows
Bojang for years now. According to him he called Bojang as a witness since he
works as a mason and is not involved in police, army or intelligence work. He
responded that he will be surprise if Tijan is an undercover NIA operative.
Cham told the court he cannot recall the time Bojang appeared at the panel, but
noted that he appeared at the panel on the 26th of March. He also said that
he has been a police in the past years. He later said he did not know whether
he can advise suspects on seeing a lawyer. Trial continues for next week.
NEW SOS FOR HIGHER EDUCATION SPEAKS
By Amie Sanneh
The new Secretary of State responsible for higher education and research
in the country, Mr. Chrispin Grey-Johnson, has described his new department as
the one responsible for the manpower development of this country.
In an exclusive interview with this reporter at his “temporary” office at
the Department of State for Communication, SoS Grey-Johnson said his
department will be responsible for all higher education institutions above secondary
level. This he highlighted will include the College, University, GTTI,
vocational and skills training centres in the country.
The new Secretary of State who was sworn in last Thursday added that they
will also be responsible for policies across the board at that level, and not
only monitor institutions within the public sector, but the private sector as
well. He also disclosed that the National Training Authority will be under
his department of state.
The main function of this new department of state, among others, he said,
will focus on science and technology, policy formulation, planning and
extensive research, noting that they will be partnering with research institutions,
such as MRC and NARI. Disclosing the reason why the Education Department is
being divided, the SoS said that education in the country has grown
tremendously in the past 12 years.
He added that the burden on one department is becoming too heavy, noting
that the university is expanding.
Mr. Grey-Johnson pointed out that due to this, it was deemed necessary to
have a higher education department away from basic and secondary education in
the country to highlight the research aspect.
He remarked that it is not a small organisation in terms of mandate, and
will be working closely with the Education and other Departments of State.
The SoS solicits the cooperation and collaboration of everybody.
KANILAI FARM FINANCIAL CONTROLLER TESTIFIES
By Yaya Bajo & Sajo Camara
Famara Colley, who claimed to be the then financial comptroller at the
Kanilai family farm co ltd, on Monday testified in an ongoing theft case involving
one of the farm’s managers Mustapha Bojang. The matter was presided over by
Magistrate Amina Saho of the Bundung Magistrates’ court.
In his testimony, Famara Colley said that he started work at the farm on
June 5th 2005 and was employed by Aziz Tamba through Mustapha Bojang. He noted
that Mustapha Bojang was next to Aziz Tamba as the deputy farm manager. He
added that his work involved handling the proceeds of rice sales which were
collected by Mustapha Bojang from customers. Colley said some of these proceeds
collected were deposited in the office. He acknowledged that Aziz Tamba was
the head of the farm and he was consulted on all the farm’s transactions.
Testifying further, Colley said Mustapha Bojang normally collected monies
from him on verbal instruction which he did record later. He told the court
that Aziz also approached him sometimes and received money from him on the
ground that he (Aziz) was asked by the president to buy cattle or pay bills. He
added that before August 2005, he had a book where he recorded all the farm
monetary transactions concerning his work.
Asked by prosecutor 1748 Mballow whether the receipts given to him by
Mustapha Bojang were being kept, he replied in the affirmative. He added that he
cannot remember how many times Bojang approached and received money from him.
Also asked whether the farm has a bank account, he replied in positive. Colley
further testified that Bojang took money from him both cash in hand and at
the bank. He said he ceased to be the farm’s financial Comptroller in January
8th 2007.
Under cross examination Colley stated that Mustapha Bojang used to give
receipts to one Yankuba Jatta, adding that he cannot tell whether Bojang gave him
(Yankuba Jatta) all the receipts. The matter was adjourned to March 13th
2007 for continuation of the cross examination.
It could be recalled that the accused Mustapha Bojang is standing trial for
stealing the sum of D1,093 965.00 from the coffers of the Kanilai family farm
ltd.
THE CASE OF THE INDEPENDENT CANDIDATE FOR NIAMINA EAST CONTINUES IN COURT
By Lamin Fatty
The trial of the defeated independent candidate for Niamina East in the
recently held National Assembly Election, Ebrima L.S Marenah, and his
coordinator, Talibo Ceesay, which was scheduled for 6th February 2007 but could not
proceed due to the opening of the Basse High Court, continued on the 20th
February 2007 at Jareng presided over by Magistrate Baldeh. Marenah charged with
public disorder.
When the case was called, CPL 1260 Kolley appeared for the IGP, while the
accused persons stood for themselves. The first prosecution witness identified
himself as First Class 90 Seedy Gibba. He said that he could remember on the
19th of January 2007, while on duty, in Jareng around 5 pm, an intelligence
officer, Demba Fofana, came together with the Chief of Niamina East, Alagie
Kebba Touray, and 5 other Alkalos and disembarked from their vehicle; that they
got inside the office of the station officer. He said that he was not told
what they had discussed in the office but that after the meeting they then
came out with the Chief and stood in front of the Police Station, together with
the five Alkalos. He said the Chief started addressing them. 1st Class Gibba
explained that his attention was later called by one Madi Noho who asked him
as to whether he knew the 1st accused because he was with them and he did not
know why he was there. He said that Madi Noho further told him that the
first accused was talking to the Alkalo of Njie Kunda; that it was then that he
paid attention to the accused. He went on to explain that for the second time,
the accused called the Alkalo to the road side and that he advanced towards
them but before he got to there the accused left. He said he later approached
the accused and invited him to the station. Constable Gibba said while he was
leading the 1st accused to the station he looked back but could not see him.
The prosecution witness said that he looked around but could not see him but
that he however saw his counterpart, the second accused, who was arrested
and brought to the station. He said he then asked the 2nd accused about the
whereabouts of the 1st accused and he responded that he did not know. He
explained that he told the 2nd accused that the 1st accused had run away but that
while saying that, the 1st accused just appeared and said he did not run away.
1st Class Gibba said that at that moment, the NIA officer, Demba Fofana,
ordered him to put the duo in the cell. During Cross examination the 1st accused,
Ebrima L.S Marenah, asked the witness the following questions among others.
Q- Mr. Gibba, how long have you been in the Police Force?
A- 27 years
Q- What do you understand by the word public disorder?
A- Somebody who went to a place where nobody invites him.
Q- Do you know that Jareng Police Station is a public place?
A- Yes
Q- Should someone be charged for public disorder for merely going to a
public place?
A- Yes
Q- Is it a crime for some one to also ask about something that he has no
knowledge of?
A- No
Q- Does a police officer have the right to insult someone who is just
invited to the station and did not resist.
A- No
End of cross examination by the 2nd accused.
P.W.2
Prosecution witness No.2 identified himself as 1st Class 832 Dampha.
According to Dampha while he was in the charge office between the hours of 19:30 and
20:00, the Chief of Niamina East, Alagie Kebba Touray was addressing Alkalos
in front of the Police Station. PW2 said that it was PW1 Seedy Gibba who
informed him that while the Chief was addressing the Alkalos, one Talibo Ceesay
from Kudang was present without identifying himself; that he was therefore
invited to the station by the said Gibba and that he was asked to sit behind
bars for further investigation. He said within that duration, he saw Ebrima L.S
Marenah telling Gibba that he won’t run away. “I am the independent
candidate for Niamina East,” he explained. He said at that moment Demba Fofana, the
NIA officer, ordered Gibba to put him in cell and he Fofana would shoulder
the consequences.
Cross examination by the first accused.
Q- Is it true that all what you narrated here in court is based on hearsay?
A- No
Cross examination of PW2 by the 2nd accused.
Q- When I was brought to the police station by 1st Class Gibba, did he put
me in cell or not?
A- Yes you were put in cell.
The next person to be called was the 3rd and final prosecution witness, Madi
Noho.
This is his testimony:
According to him, it was Fofana who called the Alkalos, the Chiefs and the
politicians but he did not know why they were called. Madi Noho said he
himself was amongst them and that when they arrived they were called into the
station officer’s office one after the other; that while he was sitting in the
station vehicle outside he saw the Alkalo of Njie Kunda came out of the station
with two others; that he saw the accused talking to him and that he was later
joined by the 2nd accused. He said that was the time he approached them and
asked the 2nd accused where he was from and he replied that he came from
Kudang. Madi Noho said that since he did not know their names, he alerted 1st
Class Gibba to tell the Chief to be mindful of what he was saying because the
independent candidate they were talking about was with them with some U.D.P
members, whereas their gathering was an APRC meeting. According to the
prosecution witness, the laws of the I.E.C state that when one political party is
gathering no other party should be there. He said at that time the 2nd accused
left. He said that Gibba then went for him and asked about the 1st accused and
told him that he had ran away; that the second accused told him three times
that the 1st accused had not run away. He continued to say that after this
exchange the 1st accused came and told Gibba, “Here I am, I did not run away.”
Madi further told the court that the 1st accused and Gibba were talking in
English which he did not understand but he believed that Marenah was telling
him (Gibba) that he was the independent candidate for Niamina East. He said
that this was the time Fofana, the NIA officer, ordered Gibba to put him in the
cell, which he did. During cross examination the first accused asked:
Q- Did the IEC issue permit for APRC to have a meeting in Jareng on the 19th
January 2007?
A- No
Q- Did IEC issue permit to any political party to hold meetings at any
Police Station?
At this stage, the prosecution objected to the question. At that stage the
case was adjourned to the 13th March 2007 for the defence to open its case.
FOCUS ON POLITICS
THE ROAD TO INDEPENDENCE, BUMPY
In the last issue, we were dealing with the Gambia’s road to independence
which we described as bumpy. We stopped where we said the British were prepared
to groom leaders who would administer the country in British style, after
their departure. Countries like Ghana attained independence irrespective of the
desire of the British. But the British at that time preferred to leave power
in the hands of people who they have observed would not be hostile to
British interest. This was why they were dragging their feet, and this was also why
by 1965, the Gambia remains a constitutional monarchy, not a Republic, just
like in the case of Moshoeshoe in Lesotho, Southern Africa.In 196 Chief
Leabua Jonathan was appointed Prime Minister but the queen of England kept the
powers of appointing a Prime Minister, approving bills, etc.despite the presence
of the Lesotho king
It was equally the same thing in the Gambia, and this was why the 1965
constitution states in section 32 that” “there shall be a parliament which shall
consist of her majesty and the House of Representatives”. It was also the
duty of the Governor General to appoint a Constituency Boundaries Commission to
determine the boundaries of constituencies. The other observation in the 1965
constitution which showed clearly that the Gambia had not attained
independence in 1965 is found in this “the executive authority of the Gambia is vested
in her majesty.” This further gave powers to the Governor General to
exercise executive authority on behalf of her majesty the queen of England directly
or indirectly.
Further more section 63 of the 1965 constitution also stated that “there
shall be a prime minister who shall be appointed by the Governor General.”
As you can see, there are many sections that went to show that the Gambia in
1965 had not attained full independence from the British crown. For example,
section 70 indicated” that “The Prime Minister shall keep the Governor
general fully informed concerning the general conduct of the government of The
Gambia and shall fumish the Governor General with such information as he may
request with respect to any particular matter relating to the Government of
Gambia”.
According to Section 60, “The Governor General may at times prorogue or
dissolve parliament. “Subsection (4) reads “In the exercise of his powers to
dissolve Parliament, the Governor General shall act in accordance with the
advice of the Prime Minister provided that if the Prime Minister advises a
dissolution and the Governor General considers that the Government of The Gambia can
be carried on without a dissolution and that a dissolution would not be in
the interest of The Gambia, he may refuse to dissolve parliament.” The fact of
the matter however at this stage was that the British were supposedly
grooming the new Gambian government on the modus operandi of the Elizabethan system
of government, that was why Ian Macleod was skeptical as to whether The
Gambia could go it alone and become a viable state. That was just a delaying
tactic.
In short, there are a thousand and one provisions to show that The Gambia,
under the 1965 Constitution, was a constitutional monarchy where the leaders
still owed allegiance and obedience to the British monarch. This is precisely
the reason why we maintain that The Gambia was on the road to political
independence in 1965, but did not fully get there. Some further political and
constitutional developments had to take place before The Gambia could become a
sovereign republic.
THE FIRST STEP
The first step that was taken after 18 February, 1965 was to consult the
Gambian people to find out whether they were ready to become a sovereign people.
This is why a referendum was held on 30 November, 1965, to find out whether
the people wanted a Republican Constitution and move away from constitutional
monarchy. It needed a two third majority of registered voters to stand.
61,568 voters supported ‘yes’, 31,921 voters voted ‘no’ The two thirds majority
could not be achieved. Hence, The Gambia could not become a sovereign
republic because of the ignorance of the voters.
Whilst the Gambia marched towards full sovereign status, there emerged the
issue of association with Senegal because it was felt in some quarters as to
whether the Gambia could go it alone as a nation, looking at its size,
population and resources. Since the PPP under Mr. D.K. Jawara defeated the United
Party under leader Mr. Pierre S. Njie and became premier, it then behoved on
its leader to negotiate the final stage of decolonization with Britain.
On the issue of association with Senegal, a joint Senegalo-Gambian
ministerial committee was set up which asked the United Nations to study the
possibility of such an association. This was during the time when P.S. Njie was chief
minister.
According to Dawda Faal, The United Nations report rejected integration
between the two countries as unrealistic and recommended closer association in
stages, but at this stage, it was D.K Jawara who was the prime minister, who
sent his ministers to negotiate closer union with Senegal and the U.N sent
legal and financial experts to advice them. Faal indicates that they then agreed
that the two countries coordinate the development of the Gambia River Basin,
sign a defence pact and share diplomatic missions abroad.
As far as Senegal was concerned, a merger was welcomed but the Gambian
leaders feared that the Gambia, small as it is, may be submerged by Senegal
economically, politically and even culturally. They then opted for independence.
According to Robert July, Gambia’s smallness posed the problem of economic
viability and for Dawda Faal, the PPP Government was faced with what he called
the stark economic realities at the time which must have made them to be
less insistent that independence from Britain must come at once. This must have
been the reason why The Gambia was the last British colony in West Africa to
attain independence.
But for Halifa Sallah, the problem has been with the politicians at the time
who were not fully prepared for national liberation and therefore undermined
each other. This was why another referendum had to be called in 1970 which
made Gambia to achieve a sovereign republican status on 24th April 1970. Thus
1970 constitution states categorically in chapter 1 “that the Gambia is a
sovereign republic”, and Sir Dawda Kairaba Jawara on 24th April 1970 became the
first president of the Republic of The Gambia.
ARMED ROBBERS HIT FARATO
By Abdoulie Dibba
Armed robbers on Friday 23rd February 2007 hit Farato Village in Kombo South
and went away with cash amounting to D75, 000 and CFA 47,000 and goods
valued at D31, 800 leaving the watchman and a helper with several cutlass injuries
on their bodies.
Talking to this reporter at his shop, Habbie said the incident happened on
Friday when a group of armed robbers came to his shop with a mini-truck and
broke the door that housed the watchman, slapped him and tied him with a rope.
According to Habbie, as the robbers attempted to slaughter the watchman, he
got hold of the cutlass, but robbers cut the watchman with the cutlass on his
left side and twice on his back which completely paralyzed him.
During the encounter between the robbers and the watchman, Mariama Bah, the
wife of Abdougadiri Sowe, woke her husband up. As Abdougadiri was coming out
from his house to help the watchman, the robbers had already divided
themselves into groups, and had stationed in all surrounding compounds around the
shop. They attacked Abdougadiri with a cutlass. Habbie told this reporter that
the robbers wanted to chop the head of Abdougadiri with a cutlass. According to
Habbie, Abdougadiri wanted to neutralize the arm robbers attempt to hurt him
on his head, but the robbers managed to chop his hand and left him with
injuries on his head and hand. Lamarana Jallow (the watchman) and Abdougadiri
Sowe (the helper) are currently admitted at Royal Victoria Teaching Hospital.
Habbie said some of the robbers entered the shop after the encounter and went
away with the following items:-
1. Cash =D75, 000 and CFA 47,000
2. 50 bags of Rice and Sugar
3. 1 Carton of Piccadilly costing D11, 000
4. 1 Carton of Bond costing D6, 500
5. 1 Carton of Monte Carlo costing D4, 300
6. 2 Packets of Gamcel Scratch cards D 10, 000
The rest of the stolen items, Habbie said cannot be quantified. He concluded
by calling on well to do persons to help re-activate her business. He also
called on government to help with security.
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