Foroyaa Newspaper Burning Issue
Issue No. 108/2006, 4-5 December, 2006
Editorial
Who Will Advice The President?
The state media has been broadcasting the remarks of the President during
his meeting with President Abdoulaye Wade’s envoy and the swearing in of new
cabinet members. In each case the remarks went far in excess of what is
demanded by the situation.
In terms of the swearing in of new cabinet members what is best is always to
focus on the constitutional requirements, the qualification of the appointee
and then can give advice on how the person can help to promote the ideal of
collective responsibility.
In short, section 72 of the Constitution states that “The Vice President and
secretaries of state shall be responsible for the Departments of State and
other business of the government as the President assigns to them. In making
assignments, the President shall have regard to the desirability of ensuring
that such responsibilities are entrusted to competent persons with relevant
qualifications or experience.”
Hence, the swearing in of a cabinet member should be marked by the
elaboration of the demands of the cabinet post, the indication of the qualification or
area of competence of the appointee and an advice on what is expected to
ensure best performance of duty. Such an approach helps a President’s speech to
be focused and helps him or her to avoid diplomatic slippage that can earn
one bad press.
In the same vein, speeches that should be associated with visits by foreign
envoys and their Gambian counterparts to a head of state should be carefully
guarded to ensure that they do not go outside the bounds of the term of
reference and level of authority of the envoy.
The best performing President is one who allows himself or herself to be
guided by the collective wisdom of a cabinet, a public service or the people in
general.
NADD FLAG BEARER ON NATIONAL ASSEMBLY ELECTIONS 2007
The IEC has spoken. National Assembly elections are to take place on 25th
January 2007. Nomination of candidates is fixed for 4th – 6th January 2007. The
campaign period is fixed for 10th - 23rd January 2007. I am not sure whether
the IEC is adhering to the letter of the Constitution in establishing the
date for the elections. The amendment to the constitution states that “The
person declared elected as President shall take the prescribed oaths and assume
office on the day the term of office of the incumbent President expires.”
Presidential election took place on the 22nd September 2006. Four months
after the date of the election of a new President should be 23rd January 2006.
We will not belabour the point. We simply wish to reiterate that NADD stands
for the rule of law and shall forever weigh all actions of our public
institutions against the dictates of the law. Those who manage them are free to act
according to the dictates of their own judgments and conscience. History shall
be the final judge. The question now arises: What is NADD’s position on the
National Assembly elections, 2007.
The answer is simple. If NADD is to be relevant it must develop strategies
and tactics that are in line with the aims and aspirations of The Gambian
people.
What do the Gambian people want? What are NADD’s strategies and tactics for
the 2007 National Assembly elections? Clarity on these questions are
absolutely essential if the people are to have a sense of direction on what issue to
base their votes on.
First and foremost, NADD must remind the Gambian people that they have
absolute power to determine how their country is governed. This is clearly
stipulated in section 1 sub section (2) of the Constitution which 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 this Constitution.”
Dear Compatriots, sovereignty resides in each of us. Collectively, we are
the rulers of the country. The President and the National Assembly members are
our servants. They are supposed to do what we want otherwise we can remove
them from office and select those who can better render us the services we
want. Principal among their tasks is to eradicate poverty and tyranny and promote
liberty and prosperity.
The people therefore want a President and National Assembly members who will
promote their liberty and prosperity by enacting good laws and formulating
good politics.
The people have already elected a President. The President appoints a
cabinet of secretaries of state or ministers who formulate policies and utilise
natural resources to implement programmes. They can also prepare bills on
specific areas where they need laws to implement policies and bring them to the
National Assembly for approval.
The National Assembly is created to enable an independent and powerful body
to scrutinise and restrain the executive by criticizing bills, policies and
programmes that are not likely to promote the liberty and prosperity of the
people.
Hence a genuine National Assembly is one that can effectively monitor all
bills, international conventions, policies and programmes from the various
secretaries of state or ministers and oppose any legal instrument, policy or
programme that is not in the interest of the people or the Nation.
This is why section 112 of the Constitution states categorically that “all
members shall regard themselves as servants of the people of The Gambia,
desist from any conduct by which they seek improperly to enrich themselves or
alienate themselves from the people, and shall discharge their duties and
functions in the interest of the nation as a whole and in doing so shall be
influenced by the dictate of conscience and the national interest.”
One may now ask: What is NADD’s strategy and tactics in ensuring that a
genuine National Assembly emerges in 2007.
Learning from hindsight, if a genuine National Assembly is to emerge it
should not be dominated by the party of the President. Strategically, power to
make decision in the National Assembly is determined by numbers.
Currently, there are 48 elected seats and five nominated seats in the
National Assembly. When one of the nominated members takes the place of Speaker,
National Assembly members who have power to make decisions reduces to 52
members.
According to the Constitution, to amend it would require ¾ of the votes of
the members of the National Assembly. This is equivalent to the 39 members of
the National Assembly. Hence if the non APRC members occupy even 14 seats the
APRC government and its National Assembly members would not be able to amend
the Constitution without the consent of the non APRC members. Hence the
first strategic objective of NADD is to have sufficient non APRC members of the
National Assembly elected to deprive of the members in the National Assembly
to amend the Constitution as the executive wishes. This is the first point.
Secondly, certain decisions of the National Assembly require a 2/3 majority.
This would require 35 seats. This means that if non APRC members occupy 18
seats those decisions cannot be made by the APRC group without the consent of
the non APRC group.
To have enough seats so that the APRC group will not be able to have 2/3
majority to make decision without the consent of the non APRC group is our
second strategic objective.
Finally, the passing of most bills and other decisions of the National
Assembly are done on the basis of simple majority. The simple majority for 52
seats is 27. Hence, if the non APRC members occupy 26 seats and the APRC occupy
the other 26 it will not be possible for the APRC executive to do what it
wants without consultation with the non APRC members. Needless to say, if the non
APRC members have 27 they should be able to scrutinise.
Hence, NADD’s final strategic objective is to ensure that the non APRC
members of the National Assembly occupy at least 14, 18 or 26 or 27 seats to be
able to pose an effective check over the powers of the executive. Now that our
strategic objectives are clear. What tactics are we going to employ to attain
them?
The first tactic we should have employed is for the opposition to negotiate
and put one candidate in each constituency. Now that the UDP led alliance has
declared its stand to put up candidates in all constituencies. NADD shall
aim to attain its strategic objective by identifying individual candidates it
can support irrespective of whether they stand as independent candidate or
under the ticket of other parties.
What is significant is to identify between 14 and 27 genuine candidates as
our minimum programmes require and then give them the fullest support.
Each candidate identified will be named and given approval in public.
In this regard, all independent candidates who wish to stand for NADD or for
other parties but would not appreciate NADD’s support should address letters
to NADD before 14th December 2006 when nomination papers are to be
distributed by the IEC.
The Address is as follows:
NADD Executive,
Papa Sarr Street,
Churchill’s Town
Other contact numbers are:
NADD Executive,
P.O. 2306,
Serrekunda
Phone: 4373138
Mobile: 9902864
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The battle to take full charge of our destiny has just begun. The
Presidential election is now history. Another opportunity exists for people to entrust
their power to representatives who can ensure that the executive operates in
an accountable and transparent manner so that impunity is checked and
governance to promote prosperity and liberty prevailed. This is the demand of all
just and sensible Gambians and should be respected.
NADD will do its part to answer to the call of destiny. We therefore call
for the material, financial, verbal and moral support of everyone who wants
decency to characterize the manner of governance of this country until the
desired change can be effected by the people.
Power to all sober Gambians
Long live the solidarity of all those who want genuine representatives
Long live NADD
Long live transparency, accountability, truth and justice
Abdoulie Sowe Testifies Against Captain Bunja Darboe
By Fabakary B. Ceesay
Detective First Class 1580, Abdoulie Sowe, on Thursday 30th November 2006,
testified as the first prosecution witness (PW1) in the case of Captain Bunja
Darboe.
Detective Sowe told the court that when Captain Bunja Darboe was brought
before the panel that was setup by the state to investigate into the March 21st
coup plot, a document was found on him. He said that the document is called “
Preamble.” He said the document was prepared to be read out to the general
public, if the coup succeeded. He posited that Captain Darboe told the
panelists that the document is kept in the drawer in his office. Detective Sowe
indicated that he, together with Nfally Jabang and Detective Corporal 1203, Boto
Keita, escorted Captain Darboe to his office to retrieve the said document. He
said that Captain Darboe admitted to the panel that he was asked by the then
Chief of Defence Staff (CDS), Colonel Ndure Cham, to prepare a written
document to be read out to the general public, as his role and involvement in the
foil coup. Mr. Sowe also indicated that a document containing the names of
those involved in the coup, those to be arrested and released, a document
containing a list of charities and a document written in Arabic were found. Sowe
added that, upon the request of the accused person to speak to the general
public and to the commander in Chief of The Gambia National Army, a video tape
was recovered from GRTS. He said a radio tape (cassette) and a micro radio
tape with a small cassette were also recovered. Sowe then identified the said
document, “Preamble,” and added that it contained Captain Darboe’s signature.
At this point, the prosecution wanted to tender the said document but the
defence raised objections.
Defence Counsel Lamin Jobarteh objected that the accused person is not the
maker of the statement, (Preamble). He said even if the accused was the maker,
it was made in front of the panel under severe duress. He said:” This
document is at no time recovered at the drawer of the accused person’s office.
There is nothing to show that the accused is the maker of that document nor to
say that he was supposed to read it to the public. I therefore urge this court
not to accept it.” The prosecutor, Emmanuel Fangbele, said there is no doubt
that the accused is the maker of the document because the witness has
identified to the court the signature of the accused on the document. He added that
there is no evidence of duress before the court. “I therefore urge the court
to admit it,” he concluded. The Judge advocate Justice Agim, ruled that the
accused is the maker of the document. He said that the witness has testified
that he and two other officers went to the office of the accused person and
found the document in his drawer. He dismissed that the document was made at
the panel. “There is no evidence to show that the recovery of the said document
is illegal. I therefore agreed with the prosecutor that it is relevant to
tender the document in court,” Justice Agim ruled. The said document was later
tendered and marked as an exhibit.
Detective Sowe further stated that he, detective 1203, Boto Keita, and
Nfally Jabang accompanied Omar Keita (alias Omar Faal) the marabout of the accused
person to his house. He said they found a document bearing a list of items
as charities and a document written in Arabic. At this point counsel Jobarteh
objected that the issue about Omar Faal Keita is not the case before the
court and that Omar is standing trial at another court. He indicated that the
witness is saying that the document was recovered from Omar Faal and not any one
of the accused persons in this court. He said that the document that
contained the items to be used as charity is “nothing,” because that charity could
be for any use. Jobarteh added that Omar Faal is not the accused before this
court, so the issue about him should be laid to rest. He also urged that Omar
Faal should not be treated as the marabout of the accused person. Jobarteh
appealed to the court to ask the press not to write anything on that issue
because Omar Faal faces trial at another court. But Justice Agim ruled that, “
Even though Omar Faal is before another court, the newspapers are likely to
report what happens here.” The document was later tendered and marked as
exhibits.
On Friday 1st December 2006, Detective Sowe continued his testimony. He told
the court that the video cassette that was recovered at GRTS has a green
mark and that he would recognise it, which he did. But defence counsel Lamin S.
Camara objected that the witness did not lay a proper foundation about the
cassette and that there is no evidence as to where the cassette was recovered
and that the witness is the recorder of the cassette, but rather GRTS. Camara
argued that only GRTS can tender the said cassette and that the witness has
not testified that the accused is the maker of the cassette. Counsel Jobarteh
also objected that the witness did not indicate that he went to GRTS to
recover the video cassette by himself. Jobarteh argued that the witness never
conducted any search at GRTS to recover the cassette. He said that the witness
did not say he recovered the cassette but that during the cause of their
investigation they recovered the cassette at GRTS “Moreover, the cassette was not
marked, but it was labelled “coup plotter’s video,” the Police officer did
not understand the differences between “Mark and label,” said Jobarteh. He
further stated they are very disappointed by the prosecution, because the
summary of evidence that was given to them is practically different. In his
submission, the prosecutor Emmanuel O. Fangbele pointed out that Detective Sowe has
mentioned two Police officers including himself who went to recover the
video cassette, a tape cassette and a micro cassette. He said the witness did not
say the cassette was recovered by any person but that he recovered it in the
cause of their investigations. Fangbele argued that the defence cannot prove
that the witness did not conduct any search at GRTS. “The defence cannot say
the cassette is not marked, labelled and marked are all the same and whether
it is a stroke or writing they are all the same.” Judge advocate Agim ruled
that there is no doubt that the investigating officer who recovered the
cassette can tender it. At this point, the cassette was tendered and marked as an
exhibit.
Going further, Sowe indicated that during their investigation, one Corporal
Mbye Gaye was brought to the panel upon information that he were having a
micro radio tape and a small cassette of which he said was recorded from the
coup plotters. Detective Sowe said he recovered the said materials from Corporal
Gaye. He identified the material which was tendered and marked as an
exhibit.
“Crackdown On Beggars Is Unfortunate”
Bubacarr K. Sowe
Muhamed Korah, Chairman of the Gambia Federation of the Disabled (GFD) has
described the recent crackdown on beggars as unfortunate.
Speaking to Foroyaa on Saturday, Mr. Korah said that the authorities should
have collaborated with their federation in order to work on appropriate
solution. “It is just unfortunate, because we do not know how it came about,” he
said.
Korah also indicated that The Gambia Organisation for the Visually Impaired
(GOVI) has written to the Department of State for the Interior appealing on
behalf of the blind people.
He also said that some of the disabled organisations are on the verge of
creating programmes that may change the lives of the disabled towards a
dignified life. He added that GOVI has started a community base rehabilitation
programme for the blind and an skill centre has been established by the Gambia
Association of the Deaf and Hard of Hearing (GADHOH).
It could be recalled that 21 beggars were recently convicted for causing
public nuisance after a mass operation that targeted beggars at Westfield and
along the Kairaba Avenue was carried on by the police.
NAYCONF Finalises With Alieu Mbye Ndere
By Isatou Bittaye
The Chairperson of the National Youth Council and member of the NAYCONF
orgainsing committee, Mr. Alagie Kebbeh, has said that their team has returned
from Dakar, where they secured the services of the popular musician, Alieu Mbye
Ndere, for a fundraising show. Mr. Kebbeh indicated that Alieu Mbye Ndere
played for NAYCONF in 1999 and is invited again for NAYCONF 2006. He said they
had already signed the contract with him and he is to perform on the 24th of
December in Brikama, 25th December at the Teranga Beach Club and the 26th of
December, at the Independent Stadium. Mr. Kebbeh noted that the fundraising
committee is working on the price of the tickets for the show. He indicated
that they have set up teams for a pre-NAYCONF Sensitisation programme in all the
regions noting that the sports committees have started since last Saturday,
and the Culture and Award Committee will start on Monday. Mr. Kebbeh added
that NAYCONF is appealing to all donors to come on board to support them on
their fundraising. He said consultations and preparations would continue in
order for NAYCONF 2006 to be a success.
“We Were Rescued” Repatriated Migrant
By Modou Jonga
A repatriated migrant has given a vivid picture of how they were rescued by
a Dutch Crew at sea.
In his narration, the repatriated migrant who spoke to this paper on
condition of anonymity, said they boarded a boat at the creeks at Old Jeshwang
during the month of Ramadam.
“The boat was hidden at the creek at Old Jeshwang. Two officers from the
Police Intervention Unit came to the creeks at Old Jeshwang the day we were
supposed to leave for Spain. But they did not see the boat. A helicopter hovered
over the area, but the crew did not see the boat. We postponed the trip that
day and left two days after that incident,” he remarked.
The returnee said some of them paid twenty five thousand dalasis, while
others paid thirty five thousand dalasis for the trip.
He pointed out that there were one hundred and eleven people on board the
boat. According to him, they managed to pass through the Ports Authority
without been noticed by the marine. He said they were determined to reach Spain,
but their hopes varnished in thin air when the battery of their compass got
finished. According to him, they roved in the sea for seventeen days. He said
their water finished on the sixteenth day of the trip.
“We did not drink the whole of that day (the sixteenth day). Some of us
tried to drink the salt water, but we had to spit it out, because it was not
drinkable. We did not cook food that day because there was no water; some of
those who were hunger stricken had to eat uncooked rice. Our cigarettes got
finished and we had to wrap on paper and smoke it. We also ran out of fuel. We
were terrified. We thought we were going to die. We wrote our names and
addresses on our laps and hands because we thought we were going to die. It was on
the evening of the seventeenth day that we saw two vessels. The crew on board
the vessels told us that they were Dutch nationals and that we were in Dutch
territorial waters. They said we have passed Spain. The captain of our boat
asked them to help us. They told us that they were going to Nouadibou in
Mauritania. We agreed to go with them. They tied our boat with a rope and tied it
to one of their vessels. We headed for Nouadibou, but to our surprise we were
taken to Morocco where we were received by Moroccan coastal guards. We were
taken to the Moroccan port where we met a heavy presence of security guards.
Some of our colleagues who were ill were put on board on ambulance and taken to
a hospital where they received treatment. We were in Morocco for 20 days. We
were well treated by the Moroccans. We were in the same camp with the
Senegalese and Malians. The Senegalese left Morocco before us. We were impatient
because we were eager to come home. In fact there was a day we took our bags
and headed for the airport. We had a scuffle with the Moroccan guards who later
forced us to go back to the camp. It was during the twentieth day that an
official from the Gambian Embassy in Morocco came to the camp to meet us. We
left Morocco and on arrival at Banjul International Airport, we met a heavy
presence of security officers at the airport. They interviewed and treated us
nicely. The authorities we met at the airport gave each of us one hundred and
fifty dalasis. They also provided transport for each of us,.” he remarked.
The repatriated migrant said the captains of their boat, namely Ndongo Njie
and alias “Big Bos” were arrested by the Police at Banjul International
Airport. He said the boat they boarded was impounded by the Moroccans.
Palaver At Old Yundum
Plans to move the Old Yundum Market to the latter’s football field has
triggered rancour amongst the residents of the area. The fued between the local
authorities and the residents of the area led to the arrest of Joe Mendy, Mamut
Bah and several others. Talking to this reporter, the women of Old Yundum
asserted that they cannot accept the decision of the Alkalo’s son to move the
market from it’s present place to the football field. According to them, the
football field is not an ideal place for a market since the health post and the
school are situated there. Worst of all, the women that they need to cross
the highway daily if the market is moved to the football field.
The men and the youths who spoke to this reporter, pointed out that they
cannot sit and allow an individual to put villagers at risk just for his own
individual interest. They matched to the PIU.
At the PIU, over one hundred women accompanied by forty men complained to
the officers that the Alkalo of Yundum Koto and his son in collaboration with
the Governor of Western Division sold their market and was to move them to the
football field which according to them is not a good place for a market.
However, their complaints were noted by the officers who received them, but
the officers told them that they were the ones who had given the Alkalo the
audacity to sell the land. They told the villagers that the decision to move
the market to the football field was made known to them, but they did not
lodge their complaint to the appropriate authorities. They told the villagers
that they (villagers) did not go to them (PIU) until they ordered their men to
move them to take up the matter with the council for redress.
The youth of the area have expressed dissatisfaction over the decision to
move the market to the area where the football field is situated.
Biran Saine Heads National Guards
The President in his capacity as the Commander-In- Chief of the Gambia Armed
Forces, has appointed Lieutenant Colonel Biran Saine as the Chief of
National Guards Staff. This announcement was made by The Gambia Armed Forces.
The Gambia Armed Forces is composed of the Gambia National Army, The Gambia
National Guards and The Gambia Navy. By his appointment, Lieutenant Colonel
Biran Saine is the head of the National Guards.
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