Foroyaa Newspaper Burning Issue
Issue NO. 111/2006, 11-12 December, 2006
Editorial
When Does Parliament Stand Dissolved?
The Nation stood amazed when the information spread that the APRC National
Assembly members have passed a bill to enable the President to dissolve the
National Assembly. To many this was the worst decision made by the majority in
the National Assembly against the wishes of the minority, NADD members.
However, in giving the powers to the President the majority ignored the
remarks of the minority leader that the power to dissolve parliament was in
contravention of Section 99 (1) of the Constitution which states that: “Subject to
the provisions of this section, the National Assembly shall stand dissolved
on the day immediately preceding the day appointed in accordance with section
97 for the first session of the next following National Assembly.” In short,
according to this Section this National Assemble shall continue to exist
until the day before the very first sitting of the National Assembly to emerge
from the forthcoming National Assembly elections in January.
This confirms that those who are to be National Assembly members should be
conversant with the Constitutional provisions before they take part in
changing laws. No one can ever imagine a country with an executive without a
National Assembly. Hence any member of the National Assembly who would accept to
pass a law that empowers an executive to dissolve parliament and then continue
to exist can be accused of promoting a constitutional monarchy. It is hoped
that the future members of the National Assembly will not accept for Section 99
(1) to be amended to give absolute supremacy of the Executive over the
National Assembly.
NADD Calls For Tactical Alliance
The Executive Committee of the National Alliance for Democracy and
Development (NADD) has issued a press release in which it called for a tactical
alliance to ensure a stronger opposition in the National Assembly. The full text of
the press release reads:
The Executive Committee of NADD calls on the party militants in the
constituencies which have expressed interest in having a NADD candidate or an
independent candidate with NADD support to come to their final decision as soon as
possible. The NADD Executive further calls on all opposition parties to enter
into a tactical alliance with NADD to ensure that the credible candidate of
each party is supported and thus ensure that the power in the National
Assembly between the opposition and the ruling party is balanced and in favour of
proper scrutiny and restraint of Executive power
AT THE COURT-MARTIAL
Major Ebrima Bah Testifies
By Fabakary B. Ceesay and Annia Gaye
Major Ebrima Bah, the Commanding Officer of the first Infantry Battalion has
testified in the on going court-martial. Major Bah and two other soldiers
have also testified on Friday 8th December 2006, at Yundum Barracks.
Major Bah told the court that, while he was at his office on the 20th March
2006, Captain Yaya Darboe came in and greeted him. He said he then asked him
whether he had come to pay a visit to his family. He said Captain Darboe told
him that he was posted back to first Infantry Battalion from the Second
Infantry at Farafenni. Major Bah noted that he told Captain Darboe that he (Bah)
had not received any signal about his transfer. Major Bah said that Captain
Darboe told him the CDS (Ndure Cham) had asked him to come without his
knowledge. Bah indicated that he then called CDS Ndure Cham to confirm. He said he
told Cham that he (Bah) had not received any signal about Captain Darboe’s
transfer. He pointed out that CDS Cham replied him in a very angry language that
he (Cham) can post his soldiers anytime without signal. Major Bah asserted
that he then asked Captain Darboe to resume office, since that is the case. He
said that Captain Darboe was an adjutant at the First Infantry Battalion
before he was transferred to Farafenni the Second Infantry Battalion.
He said anytime soldiers are posted there must be a signal prior to that.
Major Bah indicated that when Captain Yaya Darboe resumed as adjutant, he was
responsible for the feeding of the soldiers and the armoury. Major Bah posited
that on a latter day Captain Darboe asked for permission to go home to cook
as his wife was sick. He said he granted him permission to go home.
Cross Examination
During cross examination by Lawyer Sainabou Wadda Ceesay, who was holding
brief for Lawyer Borry S. Touray, he asked Major Bah when Captain Darboe was
transferred to Farafenni Barracks. He said he cannot remember the actual date
but that there was a letter for his transfer. He noted that he could not tell
how long Captain Darboe served at Farafenni unless he went through the
posting letter. Major Bah indicated that he was Captain Darboe’s immediate boss but
cannot tell how long Captain Darboe served as an adjutant. He said Captain
Darboe had been an adjutant for a long time. Mrs. Ceesay ask him who gave the
signal for the posting of the soldiers. He said the signal come from The
Gambia National Army (GNA) headquarters from the high command, to the units. He
said he had no authority over postings. Lawyer Wadda Ceesay asked him whether
in the army it is usual for verbal orders to take place. Major Bah replied
that it is not usual. Major Bah asserted that he had been working with Captain
Yaya Darboe for more than five years. Counsel Wadda Ceesay asked the witness
whether he (Bah) was arrested in connection to the coup plot. Major Bah
replied that he was arrested and detained for one (1) week before he was released.
Testimony of Staff SGT Jobe
Staff Sergeant Dam Jobe testified before the court that, on the 21st March
2006, he was the orderly Sergeant at the Yundum Barracks. He narrated that he
had finished distributing the meals to soldiers at their guard posts, he was
ordered to answer to the duty officer, Lieutenant Demba Savage. Sergeant Jobe
noted that Lieutenant Savage asked him whether he knew where Captain Darboe
was staying and he replied in the negative. He said Savage told him that the
driver that he went with, Lance Corporal Colley know the place. He pointed
out that Savage then gave him a bunch of keys and told him that the keys are
those of the armoury. Sergeant Jobe said that Lieutenant Savage asked him to
take the bunch of keys to Captain Darboe. Jobe noted that upon his arrival at
captain Darboe’s house his wife told him that Darboe was out. He said he then
decided to give the keys to his wife and told her that they are for her
husband. He added that he told the driver that Darboe was not there but that he
gave the keys to his wife.
Sergeant Jobe asserted that he informed Lieutenant Savage that Captain
Darboe was not there but he gave the keys to his wife. He said that Savage later
called Darboe to enquire whether he had received the keys. He added that
Savage later told him that Captain Darboe has received the keys.
Cross Examination
During cross examination, Counsel Wadda Ceesay asked him why he was ordered
to take the bunch of keys to Captain Darboe Sergeant Jobe replied that he did
so because Captain Darboe was an adjutant. Jobe said he cannot tell how long
Captain Darboe has served as the adjutant of the Yundum Barracks. He added
that as an adjutant you are responsible for the safe keeping of the armoury
keys. Sergeant Jobe indicated that he did not know how the keys came into the
possession of Lieutenant Savage.
Testimony Of CPL Camara
In his testimony, Corporal Arjuma Camara, who is attached to the first
Infantry Battalion at Yundum Barracks pointed out that on the 20th March 2006, he
was posted at the Abuko Earth Station as the Guard Commander. Camara said at
around 7 to 8pm as he is preparing to perform the “Magreb” prayers, he saw
Captain Wassa Camara coming towards their guard post. Corporal Camara noted
that Captain Camara told him that he is there to see one Mr. Njie. He said he
then ordered one of his men to accompany Captain Camara to the building and he
continued with his Magreb prayers. Corporal Camara noted that after five to
ten minutes, Captain Camara came back and joined them on the prayers.
Corporal Camara narrated that on the 21st March at around 8 to 9 in the evening
Captain Camara came to their guard post and asked for the same Mr. Njie. He said
he accompanied Captain Camara to the building of operations where he
introduced Captain Camara to one Mr. Colley. Corporal Camara noted that he told Mr.
Colley that captain Camara is his senior officer and that he had an
appointment with Mr. Njie. He noted that Mr. Colley picked up the phone and called Mr.
Njie. Corporal Camara noted that he then left him to have their private
conversation. He said he went outside the building and wait for Captain Camara. He
asserted that he and Captain Camara went together to a shop and Captain
Camara bought them a packet of “attaya” (china green tea) and a cup of sugar.
Corporal Camara said Captain Camara told him that he wanted to drink the first
serve before he left. He said he then asked Private M.A Njie to brew the tea
(attaya) while Captain Camara was outside. He said he later saw Captain
Camara coming from the other side of the fence and was communicating on his mobile
phone. Corporal Camara asserted that he gave Captain Camara the first cup of
the “attaya” and that Captain Camara told him he did not want the second
round. He posited that while they were at their guard post they received a phone
call from the base to Private Njie that there was a coup plot going on and
he woke up all his men and gave them the information.
Corporal Camara asserted that they made a call to one Private Sanneh B to
verify what they heard. He said Private Sanneh told them that the information
is true and that some officers had been arrested in connection to it. He said
he told Private Sanneh that Captain Camara had been coming to their post at
the Abuko Earth Station for the past days.
Cross Examination
During cross examination by counsel Lamin S. Camara who was holding brief
for Lawyer Lamin Jobarteh. Lawyer Camara asked him whether he know the Mr. Njie
Captain Camara was looking for, Corporal Camara said, he knows Mr. Njie the
Managing Director of the Earth Station. He said that Mr. Njie is the only
Njie he knows at the Earth Station. Corporal Camara said he told Captain Camara
that Mr. Njie the Managing Director would not be in office at that time. He
said he asked Private Mendy D Square to escort Captain Camara to Mr. Njie’s
Office.
Counsel Camara asks him whether he knows the reason of Captain Camara’s
visit to Mr. Njie, he replied in the negative. He said he cannot tell what
Captain Camara was saying on the phone when he gave him the “attaya.” Counsel
Camara asked him whether he was arrested and how long he had been detained. He
replied that he was arrested and detain for three (3) weeks. Counsel Camara
asked him whether he knew the reasons for his arrest, Corporal Camara said, he
was arrested to make a statement at the NIA. Corporal Camara indicated that
his statement was that Captain Camara came to the Earth Station on two
occasions. He said that Captain Camara had never met Mr. Njie at the station. He
added that he never knew what Captain Camara and Mr. Njie discussed on the phone.
At this point, Counsel Camara applied for the witness to stand down for
further cross examination by Counsel Jobarteh as he is only holding brief for
him. Corporal Camara was later ask to stand down, until Jobarteh is available.
The matter was adjourned till Saturday.
SINGHATEH AND BALAJO RELEASED
Mr. Alieu Singhateh and Kemo Balajo both of the National Intelligence Agency
(NIA) were released on Friday 8th December, 2006 after spending over eight
months in detention. They were arrested on suspicion of their involvement in
the alleged March 21 abortive coup plot. According to an eye witness who was
at the prison when the two were being led outside the prison gate on Friday
morning when Mr. Singhateh and Balajo woke up from their cells, they were taken
to the hall in the prison where they were told that they are released and
free to go home.
When this reporter visited the family members of the duo they confirmed the
release of their loved ones and expressed their appreciation to the
authorities for the release of their breadwinners. A source from the security forces
also confirmed the release of the two men. According to the source they were
released unconditionally because the investigations showed they were not
connected to the coup plot.
In a separate development, this reporter is reliably informed that all the
arrested staff of Works and Infrastructure were released except, Mr. Lamin
Sanneh and Karamo Jaiteh, who according to sources close to the police, will be
charged with economic crimes and taken to court.
However, it should be noted that they have been detained for more than the
seventy-two hours stipulated in the 1997 Constitution of the Gambia.
NATIONAL ASSEMBLY APPROVES D300 MILLION LOAN
Members of the National Assembly on Wednesday ratified the loan agreement
between the Government of the Republic of The Gambia and the Islamic
Development Bank amounting to ID6, 300,000 (six million, three hundred thousand
Islamic Dinar) equivalent to US$8,900,000 (eight million, nine hundred thousand US
Dollars) and ID1,300,000 (one million, three hundred thousand Islamic Dinars)
equivalent to US$1,800,000 (one million, eight hundred thousand US Dollars)
for the participation in financing the Lowland Development Project. Tabling
the loan agreement before Deputies, SoS Bala Gaye told them that the objective
of the loan is to ensure food self-sufficiency and poverty alleviation. SoS
Gaye told Deputies that the loan would be paid in a period of 25 years with a
grace period of 7 years. According to SoS Gaye, the loan would attract a
service fee of 2.5% of the loan on an annual basis. He said the loan would be
paid semi annually and that is 30th June and 31st December.
Fatoumatta Jahumpa Ceesay rose to second the motion for the ratification of
the loan agreement without comment.
On his part, Halifa Sallah, Minority Leader and Member for Serrekunda
Central said that any Agricultural Project that aims to ensure food security and
food self-sufficiency is crucial to the survival of the people. But Halifa
said, the fundamental question is, will this project help us to achieve food
security and food self-sufficiency. Halifa argued that if one critically examines
the loan agreement, one would discover that the beneficiaries would pay 8%
just like the Government is paying 8%. Halifa asserted that his concerns are:
What are the means of production; who are the owners of the means of
production and how are the beneficiaries going to pay? Halifa pointed out that these
are necessary to know because the loan would be paid within period of 30
years. Therefore, if the project is not properly implemented we would be
mortgaging the future.
On his part Fabakary Tombong Jatta, Member for Serrekunda East said that any
loan geared towards the productive sector, is a laudable move and should be
supported. He said his only worry is the service fee which is very high. In
winding up the debate, SoS Gaye said that they are asked to pay a commitment
charge, in this particular loan once you pay the service fee that would be
all. Regarding the 8% to be paid by the beneficiaries, SoS Gaye said that this
is not cash but in labour form and kind. Regarding the project design, SoS
Gaye said his line department is only involved during loan negotiation. He
promised to come with the project design in the future.
FORMER PRINCIPAL’S CASE RE-ADJOURNED
By Modou Jonga
The trial involving Mr. William Forster, a former principal at Foster
Academy in Brikama was on Thursday adjourned to 4th January 2007 due to the absence
of the police prosecutor. The accused (Mr. William Foster) was arraigned
before the Brikama Magistrate Court presided over by E.F. Mbai, on a charge of
willful damage to personal property, being the windscreen of a vehicle with
registration number WD 025A. He pleaded not guilty to the charge. The alleged
offence was said to have been committed at the main Garage in Brikama. The
prosecutor holding brief for the prosecutor 1831 Sanyang was 29 Saine and the
accused and his defence counsel, Sydney Riley, were also present in court.
ATHLETE’S PASSORT THEFT CASE DEFERRED
By Modou Jonga
The case of Abdoulie Bamba Njie (the accused) versus the I.G.P on Thursday
7th December 2006 was adjourned to 4th January, 2007 by the presiding
Magistrate E.F. Mbai. Mr. Njie pleaded not guilty for allegedly stealing a passport
belonging to Ansu Sowe, a well known Gambian athlete. The alleged passport
theft is said to have happened on the 31st August 2006 at the Banjul
International Airport. The defence counsel Sydney Riley and the accused were present in
court. Prosecutor 629 Saine, holding brief for ASP Badjie in applying for an
adjournment said the latter is absent and that the witness to testify was
unavailable and as such the case could not proceed.
FODAY BAH’S TRIAL RE-ADJOURNED
By Modou Jonga
The trial of Foday Bah, a supporter of the United Democratic Party, versus
the IPG was on Thursday 7th December, 2006 adjourned to 4th January 2007 by
Magistrate E.F Mbai. Mr. Bah a resident of Sinchu Alagie, is alleged to have
violated section 91 (a) of the Election Decree during the Presidential
Election. In his application for adjournment, prosecutor 413 Sanyang informed the
court that the prosecutor is yet to receive the file of the said case from the
Attorney General’s Chambers where it was earlier sent for legal advice. The
accused who pleaded not quilty was present in court while his lawyer, Counsel
Neneh Cham Chongan, was not present in court as she was said to be attending
the court martial at the Yundum Military Barracks.
EBRIMA JALLOW’S TRIAL RE-ADJOURNED
By Modou Jonga
The trial involving Ebrima Jallow and the state was on Thursday 7th December
adjourned to 21st December 2006 by the presiding Magistrate E.F. Mbai due to
the absence of the accused who is remanded in custody.
The accused, Ebrima Jallow, is alleged to have obtained goods by false
pretence from one Mariama Jallow in May this year at Gunjur. He, however, pleaded
not guilty to the charge of defrauding by false representation.
The said Ebrima Jallow was the alleged ring leader of five other
impersonators arraigned in the Brikama Magistrate Court sometime this year. The six said
impersonators were alleged to have posed as CID and health officers with an
intent to defraud shopkeepers at the Brikama Market. The six were also said
to have in their possession a faked identity card and a handcuff.
LAWYERS CAUTIONED ON DUBIOUS PRACTICES
By Bubacarr K. Sowe
Dr. Henry Carrol, the Acting Solicitor General has called on lawyers to
desist from practices detrimental to their profession. Addressing a gathering for
the swearing-in ceremony of two members to the bar recently, Dr. Carrol said
that they have been receiving complaints about ill-practices some lawyers
are engaged in.
He advised barristers to maintain their impeccable integrity and that of the
profession. “Always aim for the excellent,” he said. The Chief Justice,
Abdou Karim Savage said legal practising is founded on learning, advocacy,
ethics, selflessness and service to the people.
“Legal practitioners have the public duty of providing guidance and
assistance to all manner of persons within a framework of rules, regulations and
procedures that primarily ensure the rule of law,” said the Chief Justice.
Amie Bensouda, the president of The Gambia Bar Association said like all
commonwealth jurisdictions, The Gambian Bar also faces many challenges. She said
that some of the challenges are external, arising from limitations of the
environment in which they operate.
“Others are internal to the profession and require that both individually
and collectively we are effectively organise to take up our role in upholding
professional standards and ethics, protecting our members from persecution and
improper restrictions and infringements, providing legal services to all in
need of them, and cooperating with governmental and other institutions in furt
hering the ends of justice and the public interest,” Madam Bensouda pointed
out.
COURT FINES DRIVERS
By Modou Jonga
The Brikama Magistrate Court has fined three drivers who pleaded guilty to
various traffic charges preferred against them.
The trio, Omar Dibba, Alieu Touray and Seedy Saho were arraigned before
Magistrate E.F Mbai on Wednesday 6th December, 2006. However, the fourth
defendant, Musa Sanneh was cautioned and discharged by the Magistrate for unlicensed
driving based on the latter’s manifest remorse and guilty plea.
Police prosecutor 1320 Bojang represented the Inspector General Omar Dibba,
the first defendant, was charged with obstruction of public highway and fined
D1000 (one thousand dalasis) or in default serve three months in prison. The
second defendant (Alieu Touray) charged for unfunctioning rear braking
system, was fined D1000 (one thousand dalasis) or in default to serve three months
in prison. However, the third defendant, Seedy Saho, who charged with
carrying unlicensed passengers had been fined D500 (five hundred dalasis) or to
serve one months in prison and was further warned to desist from committing such
act in the future. The last defendant, Bakary Janneh, was meanwhile granted
bail in the sum of D3000 (three thousand dalasis) by a Gambian surety with a
valid identity card, and who must prove having means. The case was adjourned
to 13th December 2006.
In the same court, earlier on 29th November, two drivers who pleaded guilty
to various traffic charges were also handed down with fines. The first
defendant Papis Kuyateh was fined D500 (five hundred dalasis) or in default will
serve two months in prison on count one for unlicenced driving and a further
fine of D1000 (one thousand dalasis), in default to serve three months in
prison on count two for inefficient braking system.
JESHWANG NAM LAID TO REST
By Fabakary B. Ceesay
Honourable Mam Mbye Secka, the APRC National Assembly Member for Jeshwang
Constituency was laid to rest at the Ebo Town Central Cemetry after passing
away on Friday 8th December, 2006 at his residence at Ebo Town. He died in the
early hours of Friday morning.
Honourable Secka went unopposed at the National Assembly Elections in
January 2002 when he was sponsored by the ruling APRC party. This is the first time
he has served as a National Assembly member. He is also a member of the
National Assembly Select Committee on the Environment.
According to family members, Mam Mbye has always associated himself with the
people and was a devoted Muslim and a hardworking family man. They said that
Mam Mbye was a youth mobiliser since his youthful days. “This is why he was
selected to represent Jeshwang at the National level,” they lamented. Family
members noted his involvement in organisations like the “Sotokoto Vous” in
Banjul. According to them, he was the Manager of the Karantaba Musical Band in
the early 1980s.
A resident of his constituency noted that Mam Mbye has helped them build a
skills centre for the constituency.
Honourable Secka, 56, is survived by three wives, two sons and five
daughters. Funeral service was held at the Ebo Town Central Mosque. On Sunday 10th
December, 2006, the community recited the Holy Quran at his residence in
pursuit of blessings.
PA SALLAH JENG’S TRIAL
Financial Directress Testifies
By Bubacarr K. Sowe
Oumie Sanneh-Badjie, Director of Finance at the Banjul City Council (BCC),
on Wednesday gave her testimony in the trial of mayor Pa Sallah Jeng of
Banjul. Appearing before Justice Monagen at the High Court, Mr. Sanneh-Badjie said
that in August 2005, the BCC made a payment of D10, 000.00 to EAP printing
press for the publication of a book entitled “In My Time.”
She said an invoice from the printers was issued to BCC and she was
authoritised by the Chief Executive Officer to make the payments and upon which a
receipt was issued by the printers. On the payment of allowance, the finance
directress said that prior to the Finance and Audit Act of 2004, the BCC used to
pay 130 pounds days to the mayor. She said there is no written evidence to
show that the Major should receive the said amount, but it was a tradition at
the counsel paying that amount. She also said that even before becoming head
of finance that was what her colleagues pay to the mayor. Mrs. Sanneh-Badjie
indicated that the council is responsible for air tickets and allowances of
staff and the present official allowance is £100 and £90 pounds for the mayor
and others, respectively.
For the purchase of a towing ambulance, Mrs. Sanneh-Badjie said that after
being approved by The Gambia Public Procurement Authority (GPPA) she was
authorized by the CEO to make payment.
She added that at the time of purchase the towing ambulance was brand new
and cost them 350,000 .00 dalasis. On the purchase of three compressors
comparators, she said the council approved their purchase at a council meeting in
September 2003; that in November 2003, a written notice from the mayor to the
CEO authorized the part payment of 300,000 dalasis for the three compressors
comparators. She said that the payment of the sum of 1.5million dalasis, as
the total cost of the compressors, has been completed now.
Mrs. Sanneh-Badjie further testified that between September and December
2004, a 25KVA generator was brought to the BBC by a friend of the mayor,
following the disconnection of their electricity supply. She said that they were
told by their technician that the generator was good. Mrs. Sanneh-Badjie
explained that an invoice was brought to them and he was authorized by the CEO to
pay D15, 000.00 to the supplier. The trial continues on Monday, 11th December.
TREASON SUSPECT APPEARS IN COURT
Bubacarr K. Sowe
Abdoulie Sonko, who is accused of leading the military assault on the
Farafenni Army barracks in 1996, on Thursday the 30th November appeared before
Justice Monageng at the High Court in Banjul.
Sonko informed the court that he wanted to defend himself until he has a
lawyer.
He added that his lawyer has travelled and he cannot wait for him. He said
his concince is clear. He complained that his case has been dragging in court.
A senior lawyer, Ousainou Darboe who was in court informed the court that he
will talk to the President of the bar regarding Sonko’s defence.
Justice Monageng, however, briefly ruled that it is a requirement by law
that Sonko should have a defence and she thus adjourned the case to the 14th of
December.
Abdoulie Sonko is charged with different counts of murder and treason.
The military assault on the Farafenni Army barracks has left some soldiers
dead. Sulayman Sarr, Ballo Kanteh, Omar Dampha and Essa Baldeh were convicted
and sentenced by the court for taking part in the said incursion on the
Farafenni Barracks.
AZIZ TAMBA SENTENCED
The APRC assistant deputy youth mobilisers; Mr. Aziz Tamba was on Wednesday
December 6th sentenced to a Jail term of eight (8) years with hard labour.
Mr. Tamba who was arraigned before principal magistrate Moses Richards pleaded
guilty to two charges of stealing and one on having an unlicensed pistol.
According to the particulars of offence Mr. Tamba, sometime this year went to
some cattle dealers and took their animals on false pretence and he also took
some bags of rice from the APRC ‘operation no compromise’ stores without
payment. The accused pleaded guilty to both charges and begged for mercy. In
delivering his judgment, Magistrate Richards said that based on the accused person
’s own plea of guilt, he was, therefore sentencing him to 3years in jail for
count one that is having an unlicenced fire arm and 5years for count two
that is stealing. Aziz Tamba was immediately whisked away in a prison van to
mile two.
Issue NO. 112/2006, 11-12 December, 2006
Editorial
TURNING A NEW LEAF?
The President Is In Command
Section 191 of the constitution establishes the National Intelligence
Agency. It states that “There shall be a National Intelligence Agency which shall
be under the command of the president.”
The president is in command of the NIA. At this very moment, the operation
of the NIA is governed by the National Intelligence Agency Decree of 1995.
Even though the Gambia government need so review the decree and submit a bill to
the National Assembly for its amendment section 3 gives the NIA the
following functions:
“(a) obtain and provide the government with information relating to actions
or intentions of persons which may be a threat to state security; (b) protect
the security of the state, generally, and in particular, protect the state
against threats from espionage, terrorism, and activities relating to sabotage
undertaken by Gambians or foreigners, agents of foreign powers,
organisations or institutions; (c) take adequate precautions to protect the state against
actions which may undermine the government or lead to the overthrow of the
government through industrial, violent or other means; (d) take necessary
measures to safeguard the welfare and economic well being of persons living in
The Gambia, against threats posed by internal or external aggressors; (e)
investigate and obtain information relating to the prevention or detection of
serious or economic crime; and (f) undertake such assignment as may be assigned
to it by Council.”
It is therefore clear that the NIA should be an Apex Institution for
National Security which should deal with serious crimes that threaten state
security. Even the economic crimes it should deal with should be those that are
designed to undermine the economic viability of the state such as money
laundering, counterfeiting and so on and cases of drug barons who can establish
terrorist gangs to threaten state security.
The new Director General of NIA should prepare a blue print of what a
National Intelligence Agency should be for consideration by the executive. The
institution needs to define the scope of it operation in relation to other law
enforcement agencies so as to avoid duplication of responsibilities.
There is need for clear demarcation of responsibilities so that detention
without trial for more than 72 hours will be history unless this becomes
history. One cannot claim that the past is no longer with us.
As the president assumes a new term of office we hope it will give rise to a
new approach to government.
FORMER FONI KANSALA CHIEF AND OTHERS ARRESTED
By Modou Jonga
Mr. Modou Lamin Nyassi the former chief of Foni Kansala and two other
persons, all residents of Bwiam village in the Foni Kansala District are in
detention, family sources said.
The other two persons are Ndongo Mboob, a supporter of the ruling APRC
party, and Buba Sanyang. The three people were allegedly picked up on the same day
by plain cloth officers. The family members said they have made efforts to
establish the whereabouts of their loved ones, but their efforts did not bear
fruits. “We visited the state central prison, the police and the NIA
headquarters but we were unable to locate their whereabouts,’ emphasised a family
source.
STATE URGED TO SHOW COMMITMENT IN MAYOR JENG’S TRIAL
By Babucarr K. Sowe
Lamin S. Camara, Counsel for Pa Sallah Jeng (the Mayor of Banjul) has urged
the state to demonstrate commitment by bringing witnesses before the High
Court in order to avoid delay in the case. Appearing before Justice Monageng on
Tuesday, Lawyer Camara said it is displeasure to see the case delayed both on
Monday and Tuesday due to the absence of the prosecution witness.
“We are always here. The state has to demonstrate a similar commitment on
this matter,” he told the court. The state counsel Merley Wood told the court
that it is unfortunate that they could not bring the witness on Monday and
Tuesday. On Monday, the matter was adjourned to Tuesday following the absence of
the prosecution witness. The court ruled that it will consider the inability
of the prosecution to bring the witness to court and adjourned the case to
18th of December.
26 PURPORTED SEX WORKERS PLEAD GUILTY
By Yaya Bajo
Twenty six purported sex workers pleaded guilty when they were arraigned
before Magistrate Richards of Bundung Magistrates Court on Monday 11th December
2006 on a charge of rogues and vagabonds. The sex workers who numbered about
31 were arrested after police raids within the Kanifing Municipality. The
arrested sex workers were charged with being rogues and vagabonds contrary to
section 167 (b) Criminal Code Cap 10 Volume III laws of the Gambia. Most of the
sex workers pleaded guilty to the charge that was preferred against them,
but five of them pleaded not guilty. They are to be tried separately.
Delivering his judgement for the 26, Moses Richards of the Bundung
Magistrates court ruled that prostitution is not a crime, but the act of soliciting
customers for prostitution is a criminal act, which is punishable by law. He
warned that if any one of them wants to practice the trade let that person stay
in her house for men to find her there. They must desist from this evil
practice of soliciting customers, he posited. Magistrate Richards added that the
evil practices might lead to the upsurge of sexually transmissible infections
in the society,
He cautioned them to be careful of their own health.
The Magistrate vowed that he would send all of them to prison in order to
send clear signal to others and to deter them from committing similar offences.
At this juncture, Lawyer Lamin Jobarteh intervened and pleaded on their (sex
workers’) behalf in spite of the fact that he was not holding brief for any
of them. Your worship, some of them are nursing mothers and if they are taken
to prison, who will take care of their children for them? He asked. Lawyer
Jobarteh maintained that he did not condone their act, but for humanitarian
reasons, they deserved leniency from the court.
Magistrate Richards then ruled that he is ordering the 26 women to keep the
peace and be good role models by desisting from the practice. He said he
would let them go, but if they are arraigned before him within the next 12 mouths
for committing a crime, they would be automatically sent to prison for six
mouths for the present offence, and then tried for the fresh crime. He
therefore ordered the police to take all their photographs and thumb prints for
identification purposes. The prosecutor was 1748 Mballow of the Bundung Police
Station
CAPTAIN BUNJA DARBOE PROTESTED
Witness tells court
By Fabakary B Ceesay &Annia Gaye
Detective Sergeant Boto Keita informed the court martial that Captain Bunja
Darboe protested that he wanted to see a Lawyer before he wrote his statement.
Sergeant Keita made this revelation on Saturday 9th December 2006, at Yundum
barracks in the ongoing court martial involving Captain Bunja Darboe,
Captain Yaya Darboe and the other soldiers. A trial within trial has commenced in
the case of Captain Bunja Darboe. The aim of the trial within trial is to
challenge the allegation that the undated cautionary statement made by Captain
Bunja Darboe, was made voluntarily and to test whether an independent witness
was present when the latter made the statement.
Testifying before the court, Detective Sergeant 1203 Boto Keita (TWTI) who
is attached to the Major Crime Unit at Police Head quarters in Banjul said he
has served The Gambia Police Force for sixteen years.
He said he has been at the Major Crime Unit for one year and one week.
Sergeant Keita pointed out that on the 21st March 2006; he was called by his
commanding officer, Malamin Ceesay who asked him to report to their office. He
said he was assigned to be part of the panel that was setup to investigate in to
the foiled coup. He posited that Captain Bunja Darboe was brought before the
investigate panel (the panel that was set up to investigate the alleged coup
plot) at the NIA to explain his role and involvement in the coup plot.
Sergeant Keita said he introduced an independent witness (Babou Loum) to Captain
Bunja Darboe, He asserted that he showed the cautionary warning to Captain
Darboe. He said Captain Darboe preferred to write his own statement. He added
that Captain Darboe and Babou Loum both signed the statement and he signed as
the officer who cautioned him. Mr. Keita was shown the said statement. He
recognised the statement by identifying the name of Babou Loum and his signature.
He also identified his own signature. At this juncture, the prosecutor
tendered the statement and it was marked exhibit TWT one (1).
Cross Examination by Lawyer Lamin S Camara
During cross examination, counsel Lamin S. Camara asked Detective Sergant
Boto Keita to tell the court the date the statement was written. Detective
sergant Keita replied that he could not remember the actual date. He said it was
in the early part of May. Mr. Camara asked him to look at page one of the
statements (TWTI) and tell the court whose writing is on it. Keita replied that
it is his own writing. He said that the accused person only wrote his name,
address and occupation. He accepted that the accused person did the same
writing on pages 1, 2, 3 and 4. Lawyer Camara asked him to tell the court what the
accused person did not write on the statement, he said the name of the
independent witness and his address. Lawyer Camara asked him to tell the court
when he knew Babou Loum, and he replied ‘In 2004, when he joined office with
Sergeant Ndure in Banjul.’ Sergeant Keita said he does not know the ethnicity of
Babou Loum, but he knows Loum speaks Wollof and English.
Mr. Keita indicated that he could not remember the time the statement (TWT1)
was taken at the NIA, but that it was in the morning. Mr. Camara asked him
why TWT1 is not dated and whether it is usual for cautionary statements to be
undated. Keita said he does not know why it was not dated, but it sometimes
happens. Camara asked him to tell the court what an additional statement mean
in police language. Keita said it means the statement was made after the
first one.
Camara asked him who could have written the small 2 on the statement, he
said he did not know. ‘I’m putting it to you that the accused wanted to write
the date and you asked him not to,’ said Camara.
Keita said he did not do so. Counsel Camara asked him whether the 2 was part
of the accused person’s signature, he replied in the negative. Camara asked
him why the 2 is on the statement. Keita replied, “I don’t know why it was
there” Lawyer. Camara further asked him what was the condition of the
accused person on the day he wrote TWT1. Sergeant Boto Keita said Bunja appeared
normal before him. Keita indicated that he did not notice anything on the body
of the accused person He added that the accused was not under his custody
prior to the making of the statement (TWT1). Counsel Camara asked him whether he
knew what happened to the accused person prior to the making of the
statement (TWT1). Keita said he did not know. Camara finally asked him whether all
the other statements were dated apart from TWTI, he replied in the positive.
Cross Examination by Borry S. Touray
Lawyer Borry Touray asked him whether he advised the accused person of his
right to a counsel before obtaining the statement from him. Detective Keita
replied in the negative. Touray asked him whether it is correct that Bunja
protested to see a lawyer before he wrote the statement (TWT1), Keita replied in
the positive. Touray asked him whether he noticed a bandage on the hand of the
accused person. Keita said he did not notice that because Bunja was wearing
a long sleeve. Touray asked him whether he could remember that TWT1 was
obtained at the conference hall where the panel normally sat and that it was in
the presence of his boss, Malamin Ceesay. Keita replied in the negative. Touray
put it to him that TWT1 was copied ‘word to word’ from the statement he
made on the 22nd March 2006; Keita said he did not know.
MAGISTRATE RICHARDS VOWS TO PUNISH
By Yaya Bajo
Magistrate Moses Richards has asked the police to probe into the operational
legality of Bakadaji, Class One and City Pub Bar with immediate effect.
Magistrate Richards made this statement when the police prosecutor 1748 Mballow
informed him (Richards) that the police received a tip off that these bars and
restaurants were being used as an avenue for sex trade.
Magistrate Richards told the police to investigate the operational licences
and other legal documents obtained by the Managers of the above named bars
and brothels. He ordered the police to summon any of them for prosecution if
they are found to be operating with inappropriate documents. He said such
managers would be charge for keeping brothels contrary to section 138 of the
Criminal Code.
Magistrate Richards further urged the police to continue hunting prostitutes
in bars and brothels around Fajara, Tallinding, Manjai kunda and the Tourism
Development Areca (TDA) in order to root out this evil practice, which is
inimical to our society’s moral valves. ‘Bring their proprietors too, I will
try than accordingly’, he ordered.
DEFENDANT ORDERED TO PAY D93, 000 TO PLAINTIFF
By Yaya Bajo
One Babucarr Cham was on Friday admitted that he owed an amount of D93, 000
(Ninety-three thousands dalasi) to one Mariama Dahaba. The said debt is in
respect of a plot of land the plaintiff paid for, but the defendant did not
give her the title deed of the land.
According to the fact sheet, the defendant, Babucarr Cham, received an
amount of D93,000.00 from the family of Mariama Dahaba for the sale of a piece
of land, but the defendant failed to deliver the title deed of the said piece
of land to the family of the complainant. The defendant acknowledged to have
received the above mentioned amount of money from the complainant. The
presiding Magistrate Moses Richards, ruled in favour of the complainant. “Having
the defendant admitting to have received the money from the complainant, I
have entered judgment in favour of the complainant and the defendant must pay
her (complainant) the sum of D93,000 plus D1000 as compensation;” he stated. He
urged the defendant to effect payment within two weeks from the day the
verdict has been handed down.
MAN CONVICTED FOR STORE BREAKING
By Modou Jonga
Lamin Gassama , a resident of Farato village, was on Monday 4th December,
2006 convicted by Magistrate E.F Mbai on two counts of charge.
The accused, on count one, is charged with store breaking in the month of
October 2006 in Farato village with intent to commit felony. The same accused
on count two, is also charged, with stealing contrary to Section 252 of the
Criminal Code.
The said stolen items included, a pedal bicycle valued at D1, 400 (one
thousand four hundred), a wheel barrow valued at D1, 300.00 (one thousand three
hundred) and a Tile Cutter, the value of which is not known. The total valued
of the stolen items is D2700.00 (one thousand seven hundred). The accused thus
pleaded guilty on both counts preferred against him. These stolen items are
said to be the property of one Bakary Demba.
In narrating the facts before the court prosecutor 1831 said that with
regard to the said theft and store breaking, a complain by the complainant was
lodged to the Brikama Police Station. The matter said the prosecutor, was then
forwarded to the CID office at the said station. After an intensive
investigation, the bicycle was recovered which led to the subsequently arrest of the
accused person which in turn led to the recovery of the other stolen items.
said the prosecutor. The picture of the stolen items was tendered and admitted
as evidence without objection by the accused.
Subsequently the accused was sentenced to nine months in Prison with hard
labour on the two counts consecutively.
COURT ISSUES BENCH WARRANT FOR REPATRIATED MIGRANTS
By Modou Jonga
The Brikama Magistrate Court on Tuesday, 12th December 2006, issued a bench
warrant for the arrest of twelve repatriated migrants. The repatriated
migrants are charged with criminal offences.
The twelve accused persons are part of a group of thirty accused persons
standing trial at the said court for malicious damage to the property of the
Gambia Civil Aviation
Authority at the Banjul International Airport.
The thirty-repatriated Gambian migrants were arraigned on 29th November.
Fifteen of them were present that day. The accused persons who were present on
Tuesday were each granted bail in the sum of D3000.00 and must provide a
Gambian surety who must fullfil the bail condition.
The magistrate further said that the bail could be revoked if the accused
persons failed to be in court on the adjourned date (19th December, 2006) the
accused persons are yet to take their plea.
KEBBARINGO JAMMEH & CO DETAINED AT MILE II
The councilor of Kanilai Ward, Kebbaringo Jammeh and one Alphusiney Jammeh
are currently incarcerated at the Mile Two Central Prison, a source told this
paper.
The source informed this paper that the duos have been lasguishing at the
State Central Prison for the past months. State security agents several mouths
ago arrested the three natives of Fogni. Their family members have expressed
shock over the disappearance of their loved ones.
In a separate development, Abdoulie Jobe, the Former Managing Director of
NAWEC who was arrested and detained at Mile Two Central Prison, was released on
Sunday.
However Foroyaa is yet to establish the whereabouts of Messr-Haruna Jammeh,
Jasaja Kujabi, Tamba Fofana and Mrs. Macie Jammeh who were all arrested by
security forces several mouths ago.
CHILDREN’S ACT LAUNCHED
By Amie Sanneh
The Athorney General and Secretary of Stated for Justice, Kebba Sanyang on
Monday launched the Children’s Act at t a ceremony held at the Kairaba Beach
Hotel.
The SOS for justice said the Children’s Act is an Act that sets out the
Rights and Responsibilities of Children. He said the Act seeks to consolidate the
laws relating to children and it also provides for the establishment of a
children’s court. He further stated that the Act provides a criminal justice
system for children.
He added that the enactment of the children’s Act in 2005 is a manifestation
of the commitment of Government in domesticating the United Nations
convention on the Rights of the child (UNCRC), which was ratified on the 3rd of
August 1990.
SOS Sanyang described the convention as a landmark international instrument
that sets but a comprehensive vision of basis that any civilized nation must
assure its children.
The SOS outlined the structure of the Act, which he said contains 242
substantive provisions dealing with children’s right.
He told the gathering that significant achievements in many aspects of the
convention such as education, health and child welfare have been made,
Also speaking at the launching, the Chief Justice, Abdou Karim Sawage, said
the children’s policy and children’s Act of 2005 speaks volumes of the steps
taken to give meaning to children and matters relating to them.
The children’s Act he noted led to the establishment of the first Children’
s Count at the Kanifing Magistrates Court. This court is devoted solely to
issues relating to children and young persons and is designed to be user
friendly, he said.
He said his office plans to provide a comprehensive training programme for
members of the panel. Speaking earlier the UNICEF Representative, Cheryl
Gregory Faye, said the enactment of the children’ Act makes the Gambia among few
countries in the region that have fully harmonized their domestic laws with
the CRC. The Act she said needs to be popularized in order to offer the legal
protection its drafters envisaged. Madam Faye said all the procedures; miles
and institutional mechanisms need to be in place in order to give full effect
to the provisions of the Act. “There must be adequate budgetary allocations
to ensure the full and effective implementation of the Act,” she said.
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