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Fri, 18 Nov 2005 18:22:09 -0800
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                     BY PA NDERRY M'BAI

Gambia's leading opposition leader and NADD Executive member Lamin Waa
Juwara, has rejected  sedition charges brought against his detained
colleagues,  Halifa Sallah and Omar Amadou Jallow (OJ), describing the
indictments as "bogus and unfounded."

While dismissing the unauthorised document charges brought against Hamat K
Bah, Waa Juwara,  also accuses the Jammeh administration of raising false
alarm and unnecessary propaganda against his colleagues.  The NADD strong
man speaking in an exclusive interview  with this paper, shortly after the
imprisonment of his colleagues yesterday,  charged that the Jammeh
government should be charged with causing false alarm, as there was no
mention of  state security on the indictments brought against his
colleagues, contrary to the Interior Ministry Press release.

"It was equally surprising that the release from the Department of  for
the Interior said that these people were arrested because of state
security and Halifa was at large. Now turning round to say that they are
charged for sedition, sedition that took place a month ago is very
interesting. The actual timing of the whole affair is more seditious than
the sedition that they are charging them. The charges are unfounded and
politically motivated."Mbarodi fumed.

The Niamina Dankunku lion maintains that the state gave the impression in
their press release that the accused persons were engaged in a matter
relating to breach of state security,  when according to Waa there was
nothing of that sort.  He  also argues that there was no mention of The
Gambia/Senegal border impasse,  on the indictments, which the government
time and time accuses the opposition of having hands in it..

While describing the current situation as "very delicate and critical" to
Gambia's fragile democracy, Waa Juwara says NADD will not be intimidated
by such bogus charges.  He argues that the government is scared of NADD
and is  hell bent on employing politics of intimidation, which according
to  the prominent politician  will never move them.  "NADD has scared the
regime and NADD is solidly on the ground."Mr.Juwara maintains.

Commenting on the credibility of the presiding judge,  assigned to the
opposition case Justice Paul, Waa,  who was sentenced to six month jails
term  by the said judge on sedition related charges said,  his colleagues
have good reasons to doubt Paul's credibility, in view of  his past
records.  He noted that one of the accused persons Ha mat  Bah,  had a
history of bad blood with Justice Paul, following Bah's  revelations in
the National Assembly that Paul and other Asset and Management Recovery
Corporation top officials were engaged in alleged corrupt practices.  This
according to Waa led to an enquiry to be set up by the National Assembly,
which later  indicted Justice Paul and others for corruption and abuse of
office.

"Hamat Bah exposed corruption against Paul,  at the floor of the National
Assembly. There is bad blood between Hamat and Paul.  In view of that,  I
don't think Hamat Bah,  will be comfortable with Paul trying him. In the
interest of justice and fair play,  the case should be transferred to
another judge."Waa said.

Waa Juwara, who is an arch critic of the Jammeh government said,
following the damning corruption revelation against Justice Paul, the
country's Bar Association had since then refused to appear before Justice
Paul's court. This he went on, also contributed to the remanding of his
colleagues to prisons,  as there was no lawyer to represent them in court.

"The Bar said they are not going to appear before Justice Paul and as a
result our colleagues are denied legal representation.  Justice Paul's
credibility as a judge is questioned by the Bar. The current situation is
very delicate."said Gambia's fire brand politician.

Waa called  on opposition  followers to remain calm and  focused. He said
NADD will continue to expose "the Jammeh dictatorship come what may.
Juwara says they are united and that nothing can shake them.  He added
that Jammeh will fail woefully in his drive  to intimidate the opposition.

Meanwhile, hundreds of NADD supporters converged in and outside the High
Court building in Banjul,  yesterday to witness the appearance of their
leaders in court.  Armed paramilitary officers  were stationed around the
vicinity of the court and in the capital City Banjul.  NADD supporters
applauded their detained leaders, as some publicly condemned the detention
of Halifa, OJ and Hamat.  The accused persons were put on board a prison
truck and whisked away to the Mile Two Central Prisons, which President
Jammeh referred to as "Baba Jobe's hotel.

Emotions were high among NADD supporters and officials, as they watch by
Halifa, OJ and Hamat being whisked away to prisons.  Sources say Halifa,
OJ and Hamat appeared confident in court and refused to take their pleas
before Justice Paul.  They all argued  that they don't believe Paul will
dispense justice with fairness and therefore refused to plead to the
indictments brought them by the prosecution.

It would be recalled that the National Assembly, probe Committee,
recently recommended for the prosecution of Justice Paul, Kawsu Gibba, the
current Gambia Ports Authority GPA MD and other AMRC officials for
allegedly embezzling state funds amounting to millions of dalasis.  The
National Assembly also recommends that pass ports belonging to  the
indicted officials,  including Justice Paul be seized pending the
determination of the said criminal proceedings recommended against Paul
and co.

Under the Gambian 1997 constitution, judges accused of corruption cannot
continue to server on the bench, unless  they are cleared from such
charges by a competent law court or enquiry.  Sources  close to the Bar
Association say,  the Jammeh government is bent on ignoring the said
constitutional  provision, which according to our sources should "be
observed by any government claiming to be democratic."  Bar Association
sources say,  appearing before Justice Paul's court means disobeying the
constitution  and they will never venture into such constitutional
violations.  "We will never be a party to Yahya Jammeh's constitutional
violations. This is a clear violation of the Constitution.  Justice Paul
himself should know this. Moral conscience should dictate to him that, he
cannot continue to seat in court, in view of the scandalous allegations
made against him. We are not surprise by Paul's continuous presence in
court. He is Yahya's hand picked judge.  This is the reality." said our
sources.

Other legal luminaries who spoke to us also argued that the government is
trying to create a dangerous precedence for Gambia's judicial system.
They say if the trend continues accused persons appearing before Paul will
not receive justice, as they will not be accorded with the right to legal
representation.

Meanwhile, judicial sources in Banjul say,  Paul's court had been reduced
to a "ghost court room" as the Bar association had asked the Chief Justice
to transfer their cases before Paul to other judges.  Prior to his
appointment as a High Court Judge, Paul was working at AMRC as a legal and
compliance manger.  His duties include debt collection and to manage
confiscated landed properties belonging to former  officials of the
deposed PPP administration.  While Paul is assigned to try Halifa, OJ and
Hamat, there is a pending missing "millions" AMRC scandal case hanging on
his head.


The author is the former Secretary General of The Gambia press Union and
also a former Voice of America radio Banjul Correspondent. Mr. M'Bai who
now resides in the US State of North Carolina Raleigh was a leading
political and crime reporter with the Point and Daily Observer newspapers
respectively. He can be reached by email at the following addresses:
[log in to unmask], [log in to unmask] or [log in to unmask]

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