FOROYAA NEWSPAPER BURNING ISSUE
  Issue No. 89/2005, 21-23 November,2005
  Editorial
  THE JUDICIARY UNDER TRIAL
  Many readers and sympathisers of the three NADD leaders facing trial have expressed concern about fairness of the trial and wish the case be transferred to another judge. They simply could not understand why the accused were accused were not granted bail when the offence was a misdemeanour.
  Some judges have faced experiences similar to what Justice Paul experienced during the proceedings of last Friday in the trial of three NADD leaders. At the trial of Dumo Saho and others, Justice Grant decided to withdraw from the case when the then DPP wrote to the Chief Justice and requested that the case to be transferred. In another trial, Justice Kabalata withdrew from the case when he realised that the accused had boarded his vehicle. Both parties wanted him to continue with the case, but he declined because he felt that justice may not be seen to be done. In another trial, certain remarks were made by one of the lawyers which appeared to the trial judge as statements that doubt his impartiality. The trial judge, Justice Belghore, withdrew from the case because he felt justice may not be seen to be done. In the Appeal of Binta Sidibeh against the state, defence counsel, Lawyer Ousainou Darboe, told the Court of Appeal that his client was of the view that she would not get a
 fair trial if the President of the Court of Appeal, Justice Annin sits in the panel of judges. Justice Annin did not agree with this view. Nonetheless, he withdrew from the case. Egueme had to withdraw from a case when one of the parties indicated their fear that the judge would not be impartial. In the trial of Waa Juwara by Justice Paul, the accused indicated that he did not expect a fair trial and requested to transfer the case but the trial judge (Justice Paul) refused. He continued with the trial, convicted Waa Juwara of sedition and sentenced him to six months imprisonment.
  An experienced lawyer told me that any decent member of the bench whose impartiality in a case is questioned, unless he has vested interest in the case, would withdraw from the case. Well, may be Justice Paul is not aware of these experience or his style is simply different.


  NADD TRIO IN COURT
  Impartiality of Judge Questioned
  Halifa Sallah, Omar Jallow alias OJ and Hamat NK Bah who are all Executive members of the Executive Committee of the National Alliance for Democracy and Development (NADD) who were arrested on Tuesday 15th November 2005 after the state alleged that they are suspected of engaging in subversive activities that could threaten national security, were on Friday 18th November 2005 arraigned before Justice Paul of the Banjul High Court.
  When the case was called before an over crowded court room, there was complete silence, because the hundreds of supporters and onlookers were eager to hear the charges that are preferred against their leaders. Many onlookers were expected the charges to be related to the allegations that were levelled against the opposition by President Jammeh on Koriteh day; that the Opposition was feeding Abdoulaye Wade with false information. Others felt, given the way the arrests were conducted, that the charges would be serious.
  A senior registrar of the High Court read the charges to the accused persons. In the first count, Halifa Sallah is charged with utterance of seditious words, in an interview with Sana Camara of The Independent Newspaper, in the month of July 2005.
  Count 2 is that Halifa Sallah and Omar Jallow uttered false allegations and information against the Government of the Gambia and the President of the Republic in a publication in November, 2005.
  He went further to say that Omar Jallow is also charged with sedition, as a result of an interview he granted to Ebrima Sankareh of The Point Newspaper, in July 2005.
  On questioning the first accused whether he has heard what was read against him. Hon. Halifa Sallah said, “I am a member of the National Assembly and having participated in the debate of the National Assembly Inquiry report which implicated you, I fear I may not have an impartial and fair trial so I don’t want you to try me.” At this point Justice Paul reacted and said “Through out your studies where have you seen an accused choosing who should try him or her? At this stage, he lifted the constitution and said “I am a Judge with a difference; all my work is based on the rule of law without fear or favour.” Omar Jallow also took the same position as Halifa Sallah.
  The furious judge at this stage refused the request of the accused to be tried by another judge, noting that throughout his career as a lawyer and as a judge, he had never learnt of an accused deciding who would try him. He took their lack of taking a plea at this stage as pleading NOT GUILTY. He therefore entered a plea of not guilty on behalf of the two accused. He consulted the prosecution for a date of adjournment at this stage. The prosecution noted that the investigation was ongoing. When the prosecution wanted to raise the issue of bail, the trial judge stopped her, noting that the accused persons have not raised the issue. The trial judge proceeded to remand the two accused in custody.
  The senior registrar then moved on to read the single charge that is preferred against the third accused Hamat NK Bah who is said to be charged with unlawfully retaining an unauthorised document; that in the month of November 2005 a document of the government was found in Hamat’s possession. When Bah was asked to take his plea, he associated himself with the position taken by Halifa Sallah the first accused. He expressed the fear that he will not have a fair and impartial trial before Justice M.A Paul. Hamat said his reasons are clear. He said that he was a member of the National Assembly. He went on to say during the course of a debate at the National Assembly, he talked about the activities of the (AMRC) Assets Management and Recovery Corporation, which eventually led to the setting up of a parliamentary committee of inquiry and he (the trial judge) happened to be involved in those activities of the AMRC. “At the end of the inquiry, my lord you were implicated by the report of
 that committee and I further participated in the debate of that report. Therefore, since that committee is still continuing its inquiry into that public institution of which you were a role player, I don’t want you to try me”, Bah remarked.
  Justice Paul however in handing down his ruling against this submission, brushed aside all that the third accused said, giving the same reason as in the case of the first and second accused persons. Justice Paul took his reluctance to take his plea to mean that he had pleaded not guilty; he (Justice Paul) then entered a plea of not guilty. He proceeded to consult the prosecution for an adjourned date and the prosecution indicated that the investigation was ongoing. Without consulting the accused persons, he ordered that Hamat Bah be remanded in custody pending further Police Investigation. Sallah and Jallow are to appear in on 14th December, while Bah is to reappear on 19th December.
  As the accused were moving to board a vehicle to transport them to their places of detention, Armed Police Intervention Unit personnel were seen scattered in front of the court yard and the streets leading to the court complex.
  Some of the PIU personnel were dressed in their riot gears consisting of gas and batons. The hundreds of NADD supporters clapped and chanted slogans like:
  -“You are our heroes and liberators.
  -We are with you till liberation day.
  -this will be the era of a NADD government,
  -when the rule of law will be placed above all things,
  -when tolerance for the views of others will be highly respected,
  -the day when lawmakers will consult and sensitise people before action,
  -the day when law enforcement agents will pay respect to only the rule of law.
  -NADD is here to stay for the peace of our dear motherland and the rest of the globe.”


  Relatives NADD Detainees Denied Access
  The relatives of the three NADD detainees who have been remanded in custody by a court of trial were not allowed to see these detainees. On Friday, Saturday and Sunday the wives of Halifa Sallah, Hamat Bah and Omar Jallow went to Mile Two Prisons to visit their husbands, but they were not allowed to see them. They took foodstuff and other items for their spouses, but the guards did not accept them. The spouses intend to meet the Director General of Prisons today inorder to get an explantion on why they were not allowed to meet their husbands.
  FOROYAA’s enquiry has revealed that the visiting hours for remand prisoners, who are different from convicts, are as follows:
  9 am to 11.30 am
  2 pm to 3.30 pm
  This is any day.
  Infact in the case of Mr. Omar Jallow, the wife was told that he was not at Mile Two Prisons.

  HAMAT BAH’S ELECTION PETITION
  By Surakata Danso
  Judicial Sources have informed this paper that the election petition filed by Hamat NK Bah following the by elections that took place on 29th September 2005, will be heard by the Banjul High Court on the 22nd day of November 2005. Sources have it that the suit will be presided over by Justice Tahirr.

  PA SALLAH JENG SUES SOS FOR LOCAL GOVERNMENT AND ATTORNEY GENERAL
  Pa Sallah Jeng, the Mayor of the Banjul city Council has instituted legal action against the secretary of state for local Government and lands and Attorney General. The suit is accompanied by a certificate of urgency which is prepared and filed by outspoken human rights lawyer, Hawa Sisay, the counsel for the accused.
  “I hereby certify that it is expected that this suit be heard urgently on the ground that it arises grave and important legal issues of enormous public interest affecting the office of the mayor of Banjul elected under the local Government Act as amended and it is important that these be disposed urgently.” She pleaded.
  The plaintiff, pa Sallah Jeng is seeking the following prayers.
  (1)       A declaration that the suspension of Pa Sallah Jeng as mayor of Banjul by the Secretary of state for Land and local Government is null, void and contrary to the local Government Act 2002 as amended.
  (2)       A declaration that the no notice or resolution was signed or passed by the councilors of Banjul city Council for the removal of Pa Sallah Jeng as mayor of Banjul.
  (3)       An order directing the first Respondent, the Secretary of state for local Government and Lands to re-instate Pa Sallah Jeng as mayor of Banjul.
  (4)       An order prohibiting the respondents from lawful interference with the office of the mayor.
  (5)       An order directing the Secretary of state for local Government and Lands to revoke the appointment of the Acting mayoress of Banjul.
  (6)       Such further orders,
  The case touches on section 20 of the Local Government Act 2002 as amended by the Local Government Act of 2004. The matter also touches on section 37 of the constitution of the Republic of the Gambia.
  Battle lines have been drawn following the decision of the Secretary of State for Local Government and Lands.

  REMINDER TO THE PRESIDENT

  Dear Editor,
  Allow me space in your widely read Newspaper to express my concern about the situation in the Gambia. I do not intend to occupy your space this time but the nature of the situation has compelled me to do so. The substance contained in this message will serve as a reminder and food for thought for the President.
  Mr. President when you came to office in July 22, 1994, people thought you were going to create an atmosphere better than the former regime, where people will own themselves, live in liberty and dignity. But these thoughts were ironical. You have transformed the Gambia into a country where murder, terror, mental and physical slavery, hunger, poverty, unlawful arrest and detention, hatred among people, injustice, discrimination and brutality are the order of the day.
  The type of Gambia we know is not the type we have found ourselves now. This is a strange Gambia to Gambians. Gambia used to be a land where humility, stability, peace, tranquillity, freedom of _expression and security was the order of the day. Mr. President you want to retain the Presidency but forever you know that is impossible. That seat is temporary and the only seat that is permanent is that of Allah. Yesterday you were not there, but today you are there and tomorrow it will be somebody else. This has really corroborated your statement that the world is three days, i.e. yesterday, today and tomorrow. You must get up from that seat one day whether you like it or not. Mr. President imagine how many people your leadership has impoverished; imagine how many people have been kept and continue to be kept unlawfully in Mile 2 Central Prisons and other prisons in the country; imagine how many people have been unlawfully detained and continue to be detained at NIA Headquarters, Police
 Headquarters and other detention centres. Remember that history is on the record and you must account for your deeds.
  Mr. President times come and pass, and each time comes with its nature. Therefore, leadership and governance must come and pass. Each day that comes is a page and history shall judge you by your records. History shall teach you a lesson. Can’t you remember people like Kwame Nkurumah, Nelson Mandela, Thomas Sankara, Patrick Lumumba? They struggled for African unity and liberty. Didn’t you ever wish to be like them? These people will ever live in the hearts of the African people who treasure justice. Mr. President you have adopted the systems of people like Eddi Amin, Penusubi, Mobutu and Heissen Habre, who is currently undergoing a bitter experience.
  Mr. President, you seem to use your praise singers i.e. GRTS, Interior to fabricate an unbelievable story in a bid to discredit Halifa Sallah. Unfortunately Mr. President you and praise singers cannot achieve your purpose, as people including yourself know very well that Hon. Sallah is not a man of that type. You are only fanning propaganda. You know very well that Halifa is not the man who would run or be at large for fear of being arrested, terrorised or murdered. History has proven Halifa to be a brave man, as you know very well his encounter with your group during the transition period when most people were muted. Instead you are the coward, who is even threatened by words. That is why you fenced yourself with gunmen. Halifa was only clarifying the air so that you can justify yourself by providing evidence or apologise to them because they are being accused of causing the problem between Gambia and Senegal. Now that the state has charged them for sedition, tell the Gambian
 masses and the world that you have fabricated this story from your APRC bureau. Hon. Sallah is a man of the people and his credibility will ever remain in the hearts of Gambians. No bullet, no detention or sentence or threat can bar him from his service to the people.
  Mr. President, you have appealed against a case involving Ousainou and Co. You would bear me witness that the DPP was geared towards this appeal case. Indeed, this is an interesting scenario. Mr. Agim was the Chief Prosecutor of that case and now he is a judge at the court of appeal
  Mr. President do not be afraid of the polls in the 2006 election if you are confident that Gambian people will vote for you. It is high time that you do not see the opposition as enemies but as an alternative government. This will help you in creating a Gambia that is known for peace and free of oppression. Gambia must regain its peace, stability, security and harmonious relationship among people.

  By S.S
  A Concern Citizen

  GAMBIA UNIVERSITY UNDER MICROSCOPE
  The Gambia University which was established in 1999 as a successor to the University Extension Program (UEP) is really experiencing waves of academic sicknesses. A university which is a training ground for future intellectuals of sobre orientation has now been turned to a political, egocentric and monarchical system of kingship. The administration, after the departure of the first ever vice chancellor, Professor Donald Ekong and the registrar Emmanuel (JP) Apkan, has not met expectation. Then what is the purpose of setting a university? If the president of the Republic feels every Gambian student must be educated to a university level and that is why he created these two universities UEP and Gambia’s own university, then why is he discouraging some private sponsors? He has declared at the Arch 22 to us that he was going to give all of us present at the peace march where we were dragged to, like oxen ploughs student leaders in collaboration with some stakeholders who thought some of
 the student leaders at the time were anti government.
  We, the students, are now demanding from His Excellency to either pay the sum to university of the Gambia so that we can graduate and others can attain their lectures and on time. Most of us lost our sponsors owing to the president’s remarks at the Arch 22 regarding full scholarship to the students and neither are they paying nor the government is paying, where do we stand?
  In limbo and darkness our future does not hold anything for us. Injustice any where is a threat to justice everywhere; we are caught in an inescapable network of mutuality, tied in a single game of destiny. Whatever affects one directly, affects others indirectly but never again can we afford to live with the narrow, provincial “outside agitator’ idea. Any one who lives in the Gambia University and does not lie to the state can never have scholarship from the government. Then readership, where is the credit going to? We do not want to create a tension in the minds so that individuals could rise from the bondage of myths and half-truths to the unfettered realm to creative analysis and objective appraisal. We do not need violent gadflies to create the kind of tension in the university that will help students to rise from the dark depths of prejudice and paradigm to the height of understanding and brotherhood
  It is time that through painful experience that freedom is never voluntarily given and our promised scholarship will never come, we must demand for it or revoke our support to a regime that gives us velvet promises as a sugar quoted lip services by playing with the intelligence of we the future leaders.  There will come a time when the cup of endurance will run over, and men and women of the university will no longer be ready to be plunged into an abyss of injustice to experience the blackness of corroding despair. We hope the government will understand our legitimate and unavoidable impatience.
  Furthermore, shallow understanding from people of good will is more frustrating than absolute misunderstanding from people of ill will. Luke warm acceptance is much more bewildering than outside rejection. It is the hypocritical and unswerving commitment to truth and their philosophical delving precipitated and misguided popular minds thus backed the centripetal. We are now moving with a sense of cosmic urgency towards the promised land of natural justice come 2006 national history. The current University Students’ Union is not the thermometer that can record the ideas and principles of popular opinion in the university as most of us follow the union before for scholarship but we do not because we have killed ourselves by day and night yet nothing. The union is now a thermometer that transforms the mores of society.

  By a concern student of UoTG


  STATEMENT BY STGDP

  Wednesday, November 16, 2005
  The Save The Gambia Democracy Project (STGDP), the Movement for Democracy and Development, the Movement for Restoration of Democracy in The Gambia, and many other Gambian associations, and well wishers, join the people of Gambia and the rest of the international community in passionately condemning, in the strongest sense of the word, the confirmed arrest of
  Omar Amadou Jallow (OJ) and Hamat Bah, and Honourable Halifa Sallah of the National Alliance for Democracy and Development (NADD).
  STGDP has confirmed that OJ and Hamat Bah were arrested by security personnel late Tuesday, November 15, 2005 and are currently held at the Mile Two prison complex on allegations of engagement in subversive activity; the whereabouts of Hon. Sallah could not be confirmed at this time.
  We wish to extend to the families of the affected individuals, the people of Gambia, and the entire international community, our heartfelt support and intent to do everything we possibly can to ensure that OJ, Hamat, and Halifa’s fundamental rights and privileges under the law, are not further trampled upon with impunity. We intend to ensure the maximum exposure of the brutality, blatant disregard of the fundamental rights of individuals, abrupt kidnappings, and disappearances perpetuated by the APRC government to the international community.
  We understand that these spurious allegations of engagement in subversive activity are the threats President Yaya Jammeh promised to deliver in his end of Ramadan speech to the Muslim Elders, in which he alluded to the fact that he was going to ensure that most of the opposition leaders will not be around for the 2006 elections. We can say without a doubt that being leaders of a political coalition that has the potential to unseat the APRC government in the impending general elections in 2006, OJ, Hamat, and
  Halifa have other things on their minds other than engaging in subversive activity against the government.
  The NADD leaders, albeit President Jammeh’s massive usurpation of the judicial powers, have always opted to go through the legal system.  They have endured countless threats, harassment, abductions, torture, and various forms of violations of their civil and human rights, and that of their colleagues and loved ones; but have never resorted to any illegal means.  Instead, they have continued to refrain from anything that may plunge the Gambia into civil unrest and brought their complaints to the attention of the legal and international community.  These are loving sons, and daughters, of the Gambia, who have made countless sacrifices in their fight to bring about a democratic Gambia.
  Furthermore, every well meaning observer of Gambian politics will attest to the fact that Hon. Sallah is not the type that will flee arrest contrary to the press release issued on Gambia Radio and Television.
  Hence, this latest series of arrests is but another one of the APRC government’s endless trampling of the rights of Gambians and of those who refuse to turn-a-blind-eye to their numerous despotic activities.
  With this press release, we herein appeal to all Gambians, in and out of the country, all Gambian organizations around the world, journalists and other press groups, all African and international organizations, all governments, and all believers in democratic jurisprudence to join us in harnessing all resources in order to maximally expose the tyranny that is in the APRC government, and to demand for the immediate release of OJ, Hamat, and Halifa. Join us in sternly warning the security forces that their well-being must not be compromised in any way, and under any circumstances. We further demand that the APRC government immediately confirm to the general public the whereabouts of Hon. Sallah.
  We are hereby letting President Jammeh know that we hold very seriously, his stated threats to the opposition, during his end of Ramadan speech and these recent arrests of NADD leaders.  We also hereby state that from this day forward, we are resolved to take all actions necessary to ensure that
  President Jammeh and his junta will be held accountable for any, and all, actions that violate the civil and human rights of individuals or the constitution, and for all illegal government mandated activities by the security forces or other agents of the regime.
  WE WILL NEVER BE SILENCED.

  NADD’S STATEMENT ON ARREST OF TRIO
  The people of our dear nation are shocked by the press release emanating from the Department of State for the Interior informing the world at large that Hamat Bah, Omar Jallow (OJ) “have been arrested and are helping the Police in their investigations into subversive activities and posing threat to national security” and that “the third suspect Halifa Sallah of NADD” was at large. Gambians and all sane and decent minded persons are not only shocked by this announcement but they are disgusted by the misinformation and the arbitrary arrest and detention of these three members of the Executive Committee of the National Alliance for Democracy and Development (NADD). They have, since their arrest by the Security forces on Tuesday, 15th November, 2005, been held incommunicado.
  Although the State’s misinformation machinery disclosed that these three senior members of the NADD Executive are helping the Police in their investigations of subversive activities and threats to national security yet information reaching NADD from official sources are that the State is studying what charges to prefer against them. This practice of arresting political targets and then scratching one’s head in the search for trumped up charges is to say the least arbitrary and an abuse of the State’s power of arrest. It is inimical to the rule of law and undermines the bona fide application of the due process concept that requires the arrest of a suspect upon reasonable suspicion that he has committed an offence or is about to commit an offence.
  The release issued by The Department of State for the Interior is very typical of the false and fabricated assertions by dictators against political opponents and this particular release is no exception.
  Gambians will recall that after the Supreme Court of the Gambia declared the seats of the four Opposition National Assembly members vacant, President Jammeh addressed a political rally at Sinchu at which he declared that he will support and take part in any effort that is aimed at destroying Hamat Bah and that he will do everything possible to ensure that both Hamat Bah and Halifa Sallah do not return to the National Assembly. The arrest of and detention of both Hamat Bah and Halifa Sallah is a fulfillment of that promise. With the type of fabricated allegations against the three arrested
  NADD Executive members, Halifa Sallah (the Minority Leader and a member of the Pan-African Parliament) will not only be kept away from participating in the proceedings of the National Assembly and the PanAfrican Parliament for an indefinite period but the wish and will of the people of Serrekunda Central in electing to the National Assembly will stand stultified.
  It is the view of the NADD that the airing of the Press release by the State media which continued even a day after the arrest of Halifa Sallah is a calculated ploy by President Jammeh’s regime to mislead the nation that he was at large even though he had been arrested by 7.30pm on Tuesday 15th November, 2005. Such an act is very irresponsible and constitutes an abuse of office. The ploy will however not work.
  The interest of NADD is to have a clean sweep at the 2006 polls. But the conduct of the President is yet to convince the Gambian public that he is interested in a peaceful, free and fair election. On the contrary, the indications are that he is interested in an election ridden by violence, intimidation, chaos and confusion. The unwillingness of the APRC to sign the Memorandum of Understanding between political parties in The Gambia initiated by General Abubakar former Head of State of Nigeria on behalf of the Commonwealth is a living testimony to this.
  The arrest and detention of these three persons runs contrary to the letter and spirit of the Memorandum of Understanding. These arrests and detention are politically motivated and signs of what is in store for the Opposition in the run-up to the 2006 Presidential Elections.
  We demand the immediate release of the three NAAD Executive Members whose continued detention is without justification. Their continued detention is unacceptable.



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