FOROYAA NEWSPAPER BURNING ISSUE

Issue No.91/05, 28-30 November, 2005

 

Editorial

LAI CONTEH IS STILL MAYOR 

Transparency + Commission Report

The press release issued by the office of the President concerning the dismissal of Mayor Conteh from the APRC has led many readers to think that he has vacated his seat. They therefore anticipate an early Mayoral election. This assumption is contrary to the requirements of the law.

 

In short, section 19 of the Local Government Act stipulates the following conditions for the cessation of mayorship or councillorship: 

(a) death

(b) revocation by the electorate

(c) resignation

(d) disqualification to be elected or nominated as a member of a council 

(e) removal from office by a council by a resolution supported by two-thirds of all the members of the council

(f) absenting oneself for three consecutive ordinary meetings.

 

Since none of these conditions have been mentioned in the press release one cannot conclude that Conteh is no longer Mayor of KMC. 

Knowingly or unknowingly, the last paragraph of the press release is misleading. It gives the impression that Lai Conteh is no longer Mayor of KMC. It reads: "With this notice the IEC is hereby duly informed that Mayor Conteh ceases to be a member of the APRC and therefore does no longer represent the APRC as Mayor of KMC." 

In the first place what business has the Office of the President to do with informing the IEC that "Mayor Conteh (has ceased) to be a member of the APRC"? That is the responsibility of the APRC.

In short, if Mayor Conteh was an official the law requires the APRC to inform IEC that so and so person has replaced Mr. Conteh. In other words, Section 106 subsection (1) paragraph (b) of the Elections Decree states "If a change occurs in relation to. (b) the secretariat of registered officers of a political party, the party shall notify the commission in writing of the change within thirty days after the date on which such change has occurred." 

Furthermore, the press release alleges that the basis or the dismissal of Mayor Conteh from APRC includes adverse findings by the Commission of Enquiry into the Auditor General's Report and the Paul Commission, as well as audit exercises carried out at the KMC. Needless to the Presidency has not shown transparency regarding the Report of the Paul Commission which was submitted to the President on 21st March 2005.

According to Section 206 of the constitution "On receipt of the Report of a Commission of Inquiry- 

(a)   the President shall within six months publish the report and his or her comments on the report, together with a statement of any action taken, or the reason for not taking any action, thereon; or

(b)   where the President refuses to publish the report for reasons of national security or otherwise in the public interest, he or she shall, within six months, publish a statement to that effect.

It is now 8 months after the President received the report in full view of the public but neither has he published the report nor has he published a statement relating to his refusal to do so.

Transparency demands that he publishes the report. He should avoid picking on individuals from the report and lashing on them in the national media when such people will not have the opportunity to reply. 

 

 

WHO SACKED MAYOR CONTEH?

 

By George Sambou

The Mayor of Kanifing Municipal Council has been reportedly expelled from the APRC. 

According to a press release issued not by the APRC but by the Office of the President, Mayor Conteh of the Kanifing Municipal Council, has been expelled from the party. He has been accused in the press release of arrogance, corruption, desertion, divisive activities and contempt for superior authority. Foroyaa wanted to know why the announcement did not emerge from proper authority, the APRC. We wanted to know how the sacking of Lai Conteh was done, whether he was sacked by the executive of the APRC, by an individual or a congress.

This reporter made a trip to Adam Cham's residence in Sukuta but was told that he was at work, when contacted over the phone on several occasions he could not be reached for comment. Foroyaa then attempted to find out from the majority leader of the National Assembly, Churchill Baldeh, who told Foroyaa that he was not aware of Lai Conteh's sacking, but was quick to tell this reporter to contact him in the next 20 minutes which this reporter did on several occasions but could not reach the majority leader. Further efforts will be made to obtain clarification from APRC.

The sacking came after he was arrested by personnel of the serious crimes unit at Banjul International Airport for allegedly for subversive activities that poses a threat to security.

 

Lai Conteh's sacking has shocked many APRC supporters, especially those in the Kanifing Municipality.

 

IEC AND GOVT APPEAL

Information reaching this paper has disclosed that the Independent Electoral Commission (IEC) and the Attorney General have filed an appeal in The Gambia Court of Appeal against the decision of the High Court that those whose names are not found in the register of voters are not to be allowed to vote. Shortly before the national assembly by-elections, held on 29 September 2005, NADD and its four candidates had filed an application in the High Court, asking the court to order the IEC not to allow persons whose names do not appear on the register of voters to vote at the by-elections. This application was granted and the IEC was ordered to ensure that only persons whose names appeared on the register of voters were allowed to vote at the by-elections. 

The IEC and the Attorney General were aggrieved by this decision and have therefore filed an appeal based on nine grounds. They are that the High Court (the trial court) lacks the jurisdiction to determine the matter; that the trial court wrongly held that a court process was correct; that the court wrongly held that the Attorney General was not a party to the suit; that the court was wrong in not making a finding on the impropriety of the returning officers; that the trial court wrongly placed an unduly narrow restrictive and erroneous interpretation of section 66 of the Elections Decree; that the court was wrong in holding that only the main register is what the constitution envisaged and so on.

 

SOME TEACHERS' SALARIES UNPAID

The newly qualified teachers from the Gambia College have complained bitterly for what they describe as government's failure to pay their salaries since September.

The aggrieved teachers who spoke under condition of anonymity told Foroyaa that they are finding it very tough in their communities and schools of posting.

A female teacher told Foroyaa that she was almost thrown out by her landlord for not paying her house rent since September. "It was his sons who intervened otherwise it was going to be a different story by now. Candidly speaking, I was embarrassed despite the fact that I am serving my country as expected. I am calling on the Government to come to our aid by paying our salaries promptly." 

A 30-year old male teacher told Foroyaa that he had taken a lot of loans from people in order to meet his family expenses. "I feel very shy when I meet the people I am owing. Sometimes some of them ask me openly which is embarrassing." The sad looking teacher added that he sometimes goes to bed without having enough food; that at times he could not afford a candle or match box. 

A concerned grade six teacher told Foroyaa that he is a responsible family head. He said sometimes his children don't even have enough food. "I feel very bad about it," he said. He added that he normally engages in moulding blocks for people during weekends so that he could make ends meet. "It is really sad that the plight of nation builders is not considered," he remarked. He concluded by calling on the relevant authorities to come to their aid.

When contacted for comment, the Permanent Secretary at the Department of State for Education was not in but a source at the Department confirmed the story, saying that those teachers who already have had their interview by the Public Service Commission would receive their salaries soon. 

 

Court Overturns Eviction Order

 

By Yaya Dampha

Over twenty landlords were on Wednesday evicted from their compounds in Kunkujang, Kombo North District by a court official accompanied by personnel of the Police Intervention Unit (PIU).

According to the landlords who spoke to me, at about 5 p.m. they saw personnel of the PIU entering their compounds informing them that they obtained their compounds illegally and that the legal owner was one Mr Phoday Mangasuba. They were ordered to vacate their compounds with immediate effect. They were informed that the order was made by Magistrate Buba Jawo of Brikama Magistrates Court. They told me that they were not given adequate time to show their documents to prove that their compounds were legally obtained.

One compound owner explained how he himself and his tenants were humiliated when their belongings were thrown outside. He told me that he bought his compound from the then Alkalo in 1989 and since then he had been paying his rates and taxes. He said he was never aware that someone else was fighting in court to claim ownership of the same land. He added that Mr Phoday Mangasuba is claiming well over 100 hectares of land, including his own.

The councilor of the area is also a victim. He said the whole of Kunkujang and Wellingara were shocked when they saw people sitting under trees with their children. More than ten empty plots, some of which are fenced are also said to be part of the land claimed by Mr Mangasuba.

In response to the eviction order the victims set up a committee and filed a suit at the High Court. Committee members informed me that they were represented by Lawyer Mbye. They said that the eviction order of the magistrates court was overturned by the High Court presided by Justice Izuako. This was confirmed by a High Court official. The victims were relieved after this decision was made.

I visited the Alkalo's home but he was not in. Some residents told me that he had not been seen in public since the eviction exercise.

 

THE PRESIDENT MUST PROVIDE EVIDENCE OR APOLOGIESE 

DECEPTION IS NOT LONGER POSSIBLE!!!

Events of tremendous significance are taking place in the Gambia. History, the great recorder of events is taking note and its verdict is irreversible. On November 3rd 2005, after the Eid prayers marking the end of the month of Ramadan, President Jammeh delivered a speech in his meeting with the Muslim Elders. In that speech, the President claimed that the opposition met in New York and drew the conclusion that they cannot win an election in the Gambia nor could they orchestrate a coup d'etat. He also claimed that the opposition resolved that the only way out for them is to instigate war between the Gambia and Senegal in order to destabilize and uproot his regime. President Jammeh went further to say that the opposition had been passing false information to the Senegalese government which he said undermined relations between the two countries (Gambia and Senegal). President Jammeh threatened that such opposition members do not deserve to witness the 2006 elections. However, on the 7th of November 2005, the NADD Executive addressed a letter to the President demanding that he (Jammeh) should provide evidence to back his assertions or extend his apology to them. They (NADD Executive) gave him five (5) working days to do so; failing which, they had no option but to hold a press conference to denounce him and call for his resignation or impeachment. This was democratic demand welcomed by all democratically minded people who cherish to live in a society characterized by adherence to truth, honesty, clarity, tolerance and the rule of law. On the 15th of November 2005, a press release emanated from the Department of State for the Interior informing the Gambian people in particular and the world at large that "Hamat Bah and Omar Jallow (OJ) have been arrested and are helping the Police in their investigation into subversive activities and posing threat to national security. The release went further to indicate that the third suspect Halifa Sallah of NADD was at Large. An impeccable source told me that the Minority Leader and Member for Serrekunda Central, Hon. Halifa Sallah, who was in his office the whole day, was arrested by members of the National Intelligence Agency (NIA) by 7:30pm in his office (The People's Centre). The arrest of the NADD trio spark a heated debate in many quarters. Some were with the view that those opposition members who were "Passing false information" to the Senegalese government would soon come to light. Others were with the view that the arrest was purely politically motivated with the sole intention of weakening the opposition. On the 18th of November 2005, the NADD trio appeared in Court, before Justice MA Paul. A servitor registrar of the high Court read the following charges to the accused persons. In the first count, Halifa Sallah is charged with utterance of seditions words in a interview with Sana Camara of The Independent Newspaper in the month of July 2005 and 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. In the second court, the charge 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. As for the third accused Hamat NK Bah the only charge against him is unlawfully retaining an unauthorised document, that is, in the month of November 2005, a document of the government was found in Hamat's possession. Many felt disappointed as they left the courtroom, murmuring the following words:- "These charges have nothing to do with the president's assertion that the opposition were passing false information to the Senegalese government which he said undermined the relation of the two countries." The billion dollar question is Mr. President:- when would you provide evidence to back your assertion as stated above? If you have no evidence to support your claim? Mr. President, would you sincerely extend your apology to the NADD Executive for the sake of truth and honesty?

By Walimany Dibba

A Concerned Citizen

 

WAVE OF DISSMISSALS IN WULI

 

Suwaibou Touray

Reports reaching the Foroyaa Newspaper, spoke of dismissals and threats of dismissals of Alkalolu (Village Heads) in the Wuli West Constituency.

Many see the dismissals as, a result of the Alkalolu's lack of support for the APRC in the recently conducted National Assembly By Elections. According to reliable information, Mr. Afang Lang Darboe, the Alkalo of Fadiya Kunda was dismissed by the Commissioner, Mr. Omar Khan.

Reports also have it that the Alkalo of Sankabari, Mr. Sarjo Bah was also removed and replaced by his cousin Mr. Mamadou Bah. His wife is known to have attended a NADD rally in Jah Kunda in the last by-elections in Wuli.

As for the Sutukonding Alkalo, Mr. Kemo Jatta, brother of the NADD candidate in the by-election who was the first victim, he said his only crime is to leave the APRC rally to meet the IEC personnel who wanted to discuss the polling booth for the said election. He too is replaced by a very young person who is part of the Youth Action Group of the APRC.

An elder in Sutukonding said the removal of their Alkalo has created annoyance and disappointment, noting that it is unreasonable to remove an Alkalo on political grounds. 

Mr. Sidia Jatta who is now the returned elected National Assembly member for Wuli West said the dismissals are unjustifiable in a democratic state and as far as he is concerned, they are all politically motivated. 

Asked whether it is true that the dismissed Alkalo's wife of Sankabari gave a goat to him after his victory, Mr. Jatta said that, that is untrue.

Asked about all those who were arrested during the campaign in Wuli West, Mr. Jatta said that their cases are all adjourned till the 30th November, 2005.

Asked on the political impact of this wake of dismissals of village Heads in his constituency, Mr. Jatta opined that the dismissals are counter productive and it is only strengthening people in the support for the dismissed Alkalo and has given emergence to a more democratic Alkaloship, free from intimidation and manipulation. It has also renewed solidarity among the villagers. 

 

TRIAL OF GIBBI BAH

 

By Yaya Dampha

The criminal trial involving Gibbi Bah and the State has suffered another setback. The case was adjourned to the 24 of November to enable the prosecution to call its second witness.

However, the case did not proceed on 24th November due to the absence of the trial magistrate, Sherrif Tabally. According to the Registrar of the court, the trial magistrate was bereaved and could not come to court. The Registrar advised the accused to call his lawyer and inform him of the development. The case is adjourned to the 6th of December and the bail conditions remain the same.

 

GCAA HAS A NEW DIRECTOR GENERAL

Information reaching Foroyaa has it that the Gambia Civil Aviation Authority has a new Director General. According to sources the service of the former Director General, Maimuna Taal, has been terminated following her arrest by members of the National Intelligence Agency on the 14th of November 2005. Our sources revealed that Madam Taal was arrested in connection to financial Malpractices and is now reporting on bail. Sources at the Gambia Civil Aviation Authority confirmed the story. 

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