Foroyaa Newspaper Burning Issues

Issue No. 49/2005, 23-26 June, 2005





Editorial

ONE STEP FORWARD TWO STEPS BACKWARD

Two weeks ago the IEC held a meeting with the Diplomatic Corps and the various political parties to discuss about the way forward for the electoral system. All the representatives of the political parties, the embassies and the IEC left with renewed hope that Gambia was heading in the right direction. It took few days for the political atmosphere to be clouded with news that the parliamentary opposition are to be unseated and rumours that the members of the IEC have been sacked. This went like a current in the veins of the people. The whole nation was thrown into confusion. This is the price of having a leadership which is yet to be committed to democratic values.

In short, if the people truly had faith in the democratic credentials of the regime they would never have believed that the members of the IEC could be dismissed by the executive.

The vacillation of the regime is further confirmed when they took a bill in the National Assembly to amend some of the draconian provisions which imposed mandatory prison sentence without the option of a fine. The same National Assembly members who supported the draconian law have also supported the amendment.  This undermines the very integrity of the National Assembly.

The members of the APRC should therefore ask themselves how the government can earn respect by its attitude towards opposition, the press and the IEC. Isn’t it time to tell the executive that it is leading their party towards national and international isolation by its duplicity in policy and actions? If this was the only consequence then many Gambians would not mind. The unfortunate thing however is that. It is the Gambia that will end up suffering for the wrong actions of their government. Gambians therefore need to reassess their political affiliations to take charge of their destiny.



Roberts Still Chairman

The Chairman of the Independent Electoral Commission Mr. Gabriel Roberts still occupies his position. According to IEC sources the entire commission remains intact and they have received no communication whatsoever relating to the removal or sacking of any member or staff of the independent electoral commission.

Rumours have been rife in town that the Chairman of the IEC had been sacked. Some even indicated that they have seen the letter while others claim that they were informed by the courier of the letter. However, one thing remains clear that as it stands until further notice, the IEC remains intact.



No Case To Answer

Says Judge in Darboe & Co Trial

Justice Abubacarr Tahirr on Wednesday took the bull by the horns by acquitting and discharging the UDP quartet, namely Ousainou N.M. Darboe, Shyngle Nyassi, Lamin Marong and Rewane Seck who were charged with the murder of a sympathiser of the APRC, Alieu Njie. The judge’s decision to free the quartet was met with rapturous applause from the on lookers at the court room.

In his ruling, the trial judge stated that the defence team made a no case submission after the closure of the prosecutions case.  He said the prosecution later filed a written brief in response of the defence’s submission.  He noted that out of the prosecution witnesses, two of them are eyewitnesses to the brawl that took place between the sympathisers of the UDP and that of the APRC in Kundam in the year 2000.

Justice Tahirr said defence counsel Antouman Gaye dwelt on the evidence of the two eye witnesses, namely Omar Sowe and Demba Camara.  Justice Tahirr said the defence counsel did indicate that Lamin Marong was in court, but Omar Sowe could not identify him.  Justice Tahirr further pointed out that defence counsel Antouman Gaye did indicate that Omar Sowe denied the statement he made to the Police in court.  Justice Tahirr told the crowded court room that Antouman Gaye also said that the second eyewitness who testified for the prosecution, Demba Camara, denied the statement he made to the police in court.  The trial judge stated that defence counsel Antouman Gaye had informed the court that Demba Camara’s testimony alleging that Ousainou Darboe had told the UDP sympathisers to kill the APRC sympathisers was not corroborated by any of the witnesses.  The high court judge posited that Antouman Gaye had informed the court that the witnesses are inconsistent and untruthful, and that their
 evidence cannot be relied on.  Justice Tahirr noted that the defence team did inform the court that the witnesses made conflicting testimonies.

The trial judge pointed out that in the prosecution’s reply to the no case submission made by the defence team, Sharaka Wijesingkhe had informed the court that Omar Sowe and Demba Camara were consistent in their testimonies.  The trial judge said the prosecution had informed the court that Omar Sowe and Demba Camara had informed the court that Alieu Njie died of stab wounds, and that the deceased was stabbed more than once.  He said the prosecutor also informed the court that there was expert evidence to confirm that Alieu Njie died of haemorrhage.

In his ruling, the trial judge ruled that there are contradictions in the testimony of the prosecution witnesses.  Justice Tahirr further pointed out that he did go through the submissions of the counsel and the authorities cited by both parties, after which he asked himself whether the prosecution have adduced enough evidence to warrant the accused persons to enter their defence.  The trial judge concluded by stating that the evidence adduced by the prosecution is insufficient and therefore uphold the no case submission made by the defence.  He then decided to acquit and discharge the accused persons. The relatives and supporters of the freed men were overjoyed.



OPPOSITION NAMs STILL SEATED



By Abdoulie G. Dibba

The Speaker of the National Assembly, Hon. Sheriff Mustapha Dibba, on Tuesday 21st June 2005, declared in the National Assembly that his office wishes to inform all the Hon. Members of the National Assembly, that following the IEC registration of NADD as a Political Party and the resultant public debate on the Constitutional implications, particularly on the fate of the following Members of the National Assembly, who are also members of  NADD, Hon. Halifa Sallah – PDOIS – Member for Serrekunda Central, Hon. Sidia Jatta – PDOIS – Member for Wuli West, Hon. Hamat N.K. Bah – NRP – Member for Upper Saloum, and Hon. Kemeseng Jammeh – UDP – Member for Jarra West, his office, after due consultations, concluded that the seats for the aforementioned honourable members are vacant.

Consequently, the Speaker went on to say that the Clerk of the National Assembly, acting on the Constitutional provisions of Section 91(3), informed the IEC of the said vacancies with copies to the aforementioned honourable members.

Meanwhile, the Speaker continued, the Clerk of the National Assembly, today 21st June 2005, was served with the process file in the Supreme Court, on the 20th June 2005.  Since the matter is now before the court, the Speaker said, with due respect for the courts and the law, the said honourable members are allowed to resume their seats, pending the decision of the court.



TRIAL OF JUNG KONTEH & CO



By Yaya Dampha

Ex-chief Jung Konteh and Mr. Saihou Morio Jarjue, who are facing criminal charges of felony, reappeared before Magistrate Bubacarr Jawo at the Brikama Magistrates’ Court on Tuesday 21st June, 2005.

Before the last adjournment, the duo were detained at mile 2 central prison for 8 days and later brought to court.  The prosecution only applied for an adjournment on the reasons that their team of Investigative Police Officers (IPOs), were not ready with the files.

This time, when family members and friends of the accused persons came to court, they were only told that the Magistrate was on a meeting.  The team of lawyers were told that the case has been adjourned to the 14the July 2005.



The Criminal Code Amended Again

Deputies at the National Assembly on Wednesday 22nd June 2005, passed a bill entitled, “An Act to amend the Criminal Code”. In tabling the Bill before Deputies, SoS Raymond C. Sock said that the Bill seeks to amend the criminal code in a bid to give an option of fine for offences relating to sedition, libel, false publication and to strengthen the provisions relating to unnatural offences, making them more comprehensive and protective of the public. SoS Sock indicated that the amendment is an amendment that followed an amendment of the Criminal Code which was passed by the National Assembly in December 2004. He said that amendment is without an option of a fine for crimes relating to libel, sedition and false publication. SoS Sock pointed out that the proposed bill seeks to include an option of a fine. He said the other aspect of the amendment is to define unnatural sexual offences in order to avoid any problem in terms of what would constitute unnatural sexual offences or what is
 called offences against the order of nature.

Seconding the bill, the National Assembly member for Wuli East Hon. Duta Kamaso said that the bill is a non controversial bill since it is an amendment seeking to include an option of a fine. She called on her colleagues to pass the bill. On his part, Hon. Kemeseng Jammeh pointed out that the Secretary of State has stated that this is not the first time for the said amendment to come to the Assembly; that the objective and reasons stated for the coming of this bill, were raised in the National Assembly during the debate of the previous amendment relating to these issues but were ignored by the majority of the deputies. Hon. Jammeh asserted that the failure of not heeding to the genuine concerns raised by members of the majority resulted to the returning of the amendment to the National Assembly. He stressed that the latest development is a serious indictment to the National Assembly which parliamentarians should not allow. He concluded by saying that they should be sincere to the
 electorate and the public at large and not to reduce the Assembly into a rubber stamp assembly.

On her part, nominated member Fatoumatta Jahumpa Ceesay said “Laws are made and are to be looked into always.” She posited that if it is necessary to amend laws, then it should be amended. She dismissed the notion that the National Assembly is a rubber stamp assembly because the majority is in the ruling party. On his part, the National Assembly member for Basse, Hon. Momodou Sellu Bah, said that he would call on the Attorney General Chamber to scrutinize the bills properly before they come to the Assembly because as National Assembly members, they rely on the expertise of the AG Chambers.

On his part, Jean Koli Faye, member for Lower Niumi said that this is a “trial and error”. He said that it is not that whatever they do or say in the National Assembly is right. Hon. Faye said thanks to the system which accepts changes.

In winding the debate, SoS Sock indicated that law is a dynamic thing and it moves with society, and when society changes, the law should reflect the wishes and aspirations of the people. SoS Sock said the returning of the bill to the Assembly is in response to certain appeals that were made, and considerations on the part of the general population and those who felt affected by the bill.



PAP CHEYASSIN SECKA’S CASE

The dust surrounding the adverse recommendation of enquiry into the assets, properties and activities of public officers who worked for the AFPRC/APRC regime is far from settling.

The miscellaneous application filed by the former Attorney General and Secretary of State for Justice Pap Cheyassin Ousman Secka for leave to apply for an order of certiorari has met opposition from the state.

The Attorney General’s Chambers have filed a notice of preliminary objection opposing the aforesaid application made by Pap Cheyassin Secka.

The grounds of the said objection made by the Attorney General’s Chambers are that: (I) the president having indicated his acceptance of the Report of the Commission of Inquiry into the assets, properties and activities of public officers and issued a public statement thereon, the high court of the Gambia has no jurisdiction to entertain the summons or grant the reliefs being sought by the applicant.

(II) that the honourable court (high court) lacks jurisdiction to determine the application for stay of execution. (III) that the application is incompetent and an abuse of court process.



LAUNCHING OF NADD

Part 6

Ousainou Dardoe’s Speech (Excerpts)

I wish to greet our honourable chairperson, Mr Assan Musa Camara and our hardworking coordinator, Halifa Sallah. Greetings to all party leaders, namely, Sidia Jatta, Lamin Waa Juwara, Hamat Bah and Omar Jallow.

Today is a day of discussion. I wish to congratulate the launching committee for the actualization of this day. I am also thanking our chairperson for his advice and courage from the beginning to this day. I wish to thank Gambians in the Diaspora, notably in America, England, Germany, Sweden, etc., especially those in America, Everything happening here is in their interest, everything that worries Gambians here also worries them, all our sufferings are noticed by them. These people have invited us to America to discuss about the country’s issues, like the oppression and impoverishment of the masses. I am thanking all Gambians for understanding our common problems and listening to each other. The voice that echoes at Koina is heard by those at Kartong and the voice that echoes at Essau is heard by those in Cassamance.

Now the choice is yours, will you act or not?  All Gambians have to fulfil a promise owed to the unborn Gambian that we will change the country for a better future.  Gambians should continue with their commitment for empowerment through popular vote, through our wishes and abiding by the law. You are the ones who, in 1996, took ownership of the constitution, in which you enshrined your dignity and libe4ty, regardless of our poverty. If you go to Kagai they will tell you that we are poor, if you go to Soma they will also tell you that we are poor, even though your dignity and rights make you happy in the society. There is somebody who wants to take these rights from you. This only happens here.

Fellow Gambians, what you want should prevail. NADD is not promising you anything that we cannot do. We will only promise things that we can do, we are not saying something to please you. NADD wants you to be empowered by selecting your own Alkalo and take part in the running of your councils. We will not see rights being tampered with and we sit down. We have to fight hard to get it back. And it should be done in that manner, because other countries have changed their governments peacefully.

Why shouldn’t Gambians do so? First of all, this is why we disregard the government, because they came to power undemocratically.

Please utilise the rights granted to you in the appropriate way in order to achieve happiness. If you hold an egg and you are not benefiting from it, it is better to drop it so that it breaks. (Applause)

Fellow Gambians, you should know that it is only the votes that you cast that are counted. So don’t confuse yourselves by saying that the votes were stolen at the counting. The only thing is that, you dont put your votes in the right place, and you should not do that. Put your votes in the right place so that you can strengthen the power of the people. Give your votes to somebody who will develop the country without borrowing huge sums from the developed countries. Such borrowing can be stopped if you want. How much did they purchase those helicopters for?  That money could have bought the groundnuts of our poor desperate farmers. They also brought an aeroplane, calling it a jet fighter. Where is the aeroplane? They brought planes, saying they are fighting locusts. Why did they not use them during the Serrekunda Market fire incident? The citizens of the country should be able to distinguish good and bad.

The economy is worsening. If the economy is still strong, why should the price of rice and other basic commodities not stable. A month ago a bag of rice was D600 and today it is D670. Fellow Gambians the country lies in your hands. Your vote can get rid of all these problems. I told the people at Soma that I have only one vote, Halifa Sallah has only one vote and you, Pa Sainey Jallow (the interpreter) has only one vote. No one’s vote is more powerful than another. Yahya Jammeh’s vote is not more powerful than any other voter. Your vote is your power. It is your arms and ammunitions. They will tell you that they need your vote and they want to help you. They will then turn around and bribe you with thousands of dalasis for your votes.

Only a fool can accept such reasoning. If you want to help someone, do it for nothing, don’t bribe him or her. Don’t accept these bribes these bribes. Be careful! What ever is happening here today, you should realise that you have relatives in America, France, England, etc. Assan Musa Camara, the chairperson of NADD, who is more than 80 years of age is running up and down. You should know that it is you the young we are fighting for. It is your future that we fighting for. Assan Musa Camara can sit comfortably at home and look after his family and no one would follow him. Halifa Sallah can be a lecturer at the university and enjoy his life without anyone disturbing him. Waa Juwara can also do something. Sidia Jatta as you all know was at the Curriculum Development Centre but he quitted for the benefit of the Gambian youth.

You the youth should not believe anyone who tells you this government is working for you, a government that controls you against your will and wishes. They killed one or two cows and invited you to a party. Be careful of this.

In the forthcoming election if APRC wins, Gambian youths are doomed forever because you will not have somebody standing for you again. They will collect you and take you to Kanilai at any time during the rainy season for weeding. NADD has come into being to deliver The Gambia which is sinking in a river. Now we want to secure The Gambia.

Thank you all.



AN IMPORTANT HEARING At The Supreme Court

On Friday 24th June, a single judge of the Supreme Court will preside over the application of the 4 opposition NAMs whose seats have been declared vacant by the clerk of the National Assembly, namely Halifa Sallah, Hamat Bah, Sidia Jatta and Kemeseng Jammeh. These four NAMs allege that the clerk acted unconstitutionally and beyond his powers and would like the court to declare action his void. The four have also applied for an interim injunction (1) to restrain the clerk or any authority from preventing the four occupying their seats (2) to restrain the IEC from conducting any by-election in any of the four constituencies which these NAMs represent.

Meanwhile, the state has filed a preliminary objection to the application of the four NAMs alleging that the court is not competent to handle the application. This means that rather than hearing the application on Friday, the Supreme Court will first hear the preliminary objection and decide on that matter. If the court rejects the preliminary objection then the application will be heard. Lets wait and see what the outcome will be on Friday.



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