Foroyaa Newspaper Burning Issue
Issue No. 47/2007, 25 - 26 April, 2007
Editorial
WHO IS THE NEXT IEC APPOINTEE?
THE INSTITUTION THAT JUST CANNOT RETAIN ITS COMMISSIONERS
As we commemorate Republican day, 24 April 2007, the day on which the
sovereignty of the people was established 27 years ago, in 1970 it is necessary for
Foroyaa to focus on the institution which is established to oversee the
assertion of the sovereign will of the Gambian people to determine their manner
of government; that is the Independent Electoral Commission.
The Constitution of the Republic establishes security of tenure of members
of the IEC which many of them never enjoyed.
Section 42 of the constitution states among other things that “the members
of the commission shall be appointed for a period of seven years and may be
reappointed for one further term.”
This means that the tenure of office of a member of the commission is 7
years. The longest period a person can serve as IEC member is two terms adding up
to 14 years.
The fact of the matter however is that since the 1997 Constitution came into
being the members of the IEC have been changing so rapidly that one wonders
whether they are experiencing any security of tenure as provided for by the
constitution.
The recent appointment of Mr. Alieu Omar Njie, a member of the Commission to
the office of Acting Mayor KMC is an example of the situation of uncertainty
that has plagued the IEC since its inception.
In short, once Mr. Njie occupied the office of Mayor he became disqualified
both by the Local Government Act and the Constitution for membership in the
Independent Electoral Commission.
Now that Mr. Njie is no longer a member of the IEC somebody else should be
appointed to the post.
Foroyaa invites Gambians to begin to propose candidates for the post to
determine whether the President will react to public opinion favourably. Foroyaa
would like to propose Ms. Bijou Peters or Mrs. Belinda Bidwell. Either one of
these women are likely to take this important function seriously and serve
with independence and impartiality as has already been displayed by their
track record.
Do you have other Gambians who should be given recognition for public
service? Write and we will publish your opinion.
“NO EVIDENCE AGAINST MAIMUNA TAAL,” Says Lawyer
By Bubacarr K. Sowe
Antouman Gaye, Lawyer for Maimuna Taal, ex-Directress General of the Gambia
Civil Aviation Authority (GCAA) on Monday April 23, made his submission at
the High Court that the state does not have sufficient evidence to proof the
seven economic crime charges against Mrs. Taal.
Mr. Gaye was saying this while submitting “a no case to answer” before
Justice S.M Monageng. Before Mr. Gaye made his submission, the court ruled in
favour of the accused person that she can make a submission of “no case to
answer.” This followed the prosecution’s objection to her making the submission.
On counts one and two, the defence argued that the prosecution witnesses
have not shoes any evidence of illegal or dishonest on the part of Mrs Taal for
receiving allowance from the Airport Improvement Project.
Mr. Gaye said that it was a normal procedure which was received by Taal’s
predecessor and successor including all members of the contract committee.
According to Gaye, the state could not make an attempt to substantiate the
allegations. On count three, the lawyer continued to say that the accused did
not recommend the awarding of the staff residence refurbishment contract to
Bajan Enterprise.
The accused person was only approving what was recommended by the contract
committee, he went on to say.
Pushing his defence further, counsel Gaye said the accused person did not
have any ulterior motive in gaining from the GCAA as counts four, five and six
claimed.
The lawyer argued that non of the prosecution witnesses is in a position to
say whether Mrs. Taal caused economic loss to the Government of The Gambia. “
The evidence is completely opposite to the charges. The prosecution witnesses
did even help the accused to defend herself,” the lawyer posited.
On the final charge, count seven, Lawyer Gaye said that even the prosecution
witnesses told the court that Taal was professional and did not abuse her
office.
Mr. Gaye cited numerous cases to support his argument, among which is R. vs.
Baker. The state which is represented by Merely Wood in court will reply to
the defence’s submission by filing in on April 26th.
KOINA WARD SURRENDER ARMS FOR DEVELOPMENT
By Bubacarr K. Sowe
A number of 28 guns and some ammunitions voluntarily surrendered by
communities of Koina Ward in the Upper River Region (URR) were on Saturday, April 21,
destroyed in exchange for development projects provided by the West African
Network for Peace building (WANEP) The Gambia.
The Sub-Regional Programme on Small Arms and Light Weapons Project
(SRP-SALW) is being funded by the Canadian Fund for Africa, through a consortium of
Oxfarm-Great Britain and the Canadian Centre for International Studies and
Cooperation (CECI). It is also being implemented in Guinea, Guinea Bissau and
Senegal.
The two year pilot programme which is in its last month is aimed at
improving and promoting peace and security of people in the sub-region with the
vision of creating an enabling environment for sustainable development.
WANEP which is the focal point of the programme in The Gambia undertook a
sensitization programme in the area recently resulting to the collection of
different types of guns and ammunition and in turn providing them with a
multi-purpose skills centre, a hand pump well and two grinding machines for coos,
millet and groundnuts, which were unveiled at the ceremony.
The Secretary of State for Interior, Ousman Sonko, told the gathering at the
destruction of guns ceremony that the government needs the cooperation and
assistance of its citizens to fight crime at all times.
Mr. Sonko re-called the recent up surge in armed robberies in the country,
saying that his government has given priority to security and safety for its
citizenry.
“Government was a signatory to the adoption of the draft ECOWAS convention
on Small Arms and Light Weapons during the ECOWAS Head of State Summit in
Abuja in June 2006.” I am pleased to assure you all, that Government will not
only adopt but would also ratify this very important convention in the
sub-region,” SoS Sonko promised.
He added that Koina Ward being, a guns-free society is a positive message
and is enough justification to extend the project to other communities cross
The Gambia.
Dr. Pamela Cole, National Coordinator of WANEP-The Gambia, said that The
Gambia is in a strategic location of a region which has witnessed armed
conflicts in the recent past.
She said that The Gambia needs to be wise and learn from the mistakes Guinea
Bissau, Casamance and other war ravaged countries have encountered.
Despite being a poor country, she said, The Gambia has peace as it’s most
precious commodity, which if preserved can serve as an engine to end poverty in
all communities.
Mr. Job said that development cannot be enjoyed in the absence of peace. “No
meaningful development can be sustained without peace and security,” he
stressed. He noted that gone are those days when people should be engaged in
endless conflict like the Medieval periods in Europe and the Dark Ages in Africa.
The programme’s Technical Adviser in Dakar, Ndiankou Gueye, said that the
communities of Koina Ward and the Gambia’s Security forces have been helpful to
the project.
Mr. Gueye added that their objective is to see the sub-region free from
conflict and achieve development. Julie Lambal of Movement Contre Les Armes
Ligeres en Afrique de l’Ouest (MALAO), WANEP’s sister organisation in Senegal,
also recognised the need to consolidate peace for sustainable development.
The ceremony was coloured by traditional musical performance by the
Sarahule, Fula and Mandinka singers, drummers and dancers.
A multilingual play was staged by the Nova-Scotia Gambia Association Peer
Health Educators featuring a young man maimed by a gun which his father refused
to dispose of.
AFRICA MALARIA DAY TODAY
By Sarjo Camara Singhateh
Today id Africa Malaria Day and The Gambia Government together with its
partners should now be commemorating the day.
Speaking to Foroyaa the Manager, Health Education Unit, Mr. Amadou Sowe
stated that this year the celebration is to be held at Mamut Fana in the Central
River Region; that the host for the celebration is (NYAAMA) Niamina Youth
Association Against Malaria and AIDS.
He stated that the Slogan for this year 2007 is “Free Africa from Malaria.”
He emphasized that the theme is “No time to waste in the urgent struggle
against malaria”. He pointed out that the slogan recognises the tremendous
burden of those living in endemic countries, “With malaria claiming the lives of
children and incapacitating adults”. The disease he said is holding back the
development of an entire continent, he asserted.
He noted that the slogan is an appeal not only to the urgency but also to
the possibility of immediate action. New funding and new technologies are
starting to show impressive results, already saving the lives of hundreds of
thousands of Africans. With more resources, more coordination and more leadership,
“we can save and improve the lives of millions now! That is what the slogan
aimed at,” he said.
He said it is imperative also to build on the Dakar Appeal in which African
governments of endemic countries are calling upon the global community to
step up their efforts to strike back at Malaria.
He said the theme for this year is “headership and partnership for results?
He further stated that it highlights how we need to move forward to free
Africa from malaria. It emphasises strong leadership and effective partnership as
key to achieving our goals. Leadership, he said, is required at all levels
to meet the challenges of scaling up malaria control. He said countries must
show leadership in prioritizing malaria and increasing their health budgets. “
They must demonstrate leadership in managing malaria resources effectively. A
successful use of existing funds is most likely to attract new financial
resources”, he remarked. He said community and corporate leadership is also
critical in effective implementation, as is the leadership of NGOs and others
working at all levels.
He stated that partnership is key in overcoming implementation bottle necks
and ensuring that commodities begin to flow to where they are needed most. He
pointed out that only by working together can we hope to control malaria. He
mentioned that partners must coordinate and harmonise their activities under
the leadership of countries with a clear focus on achieving results.
He said result means saving lives. “This will happen on a large scale if
countries can achieve 80% coverage of population at risk with insecticide
treated bed nets. Indoor residual spraying, and the most effective malaria
treatments available today,” he stated.
He emphasised that with effective leadership and partnership, together we
can achieve results!
INTERVIEW WITH HALIFA
On Republican Day, NDAM, NADD
Foroyaa: Today, 24 April is Republican Day. Do you have anything to say?
Halifa: The absence of any commemoration confirms that we are yet to have a
government which truly want the people to treasure their sovereignty. There
can be no Republic without a sovereign people. A Republican state is the
highest form of a Democratic state. A Republican State is one where sovereignty
resides in the people. This is why Chapter 1 subsection (2) of the Constitution
states categorically that
“The sovereignty of The Gambia resides in the people of the Gambia from whom
all organs of government derive their authority and in whose name and for
whose welfare and prosperity the power of government are to be exercised in
accordance with this constitution.”
This provision is the bedrock of a Republican Constitution. It should be
memorized by every Gambian if they are to be mature citizens of a Republic.
Hence as we commemorate 24 April each Gambian should ask himself or herself
this question. “ Does the sovereignty of the country reside in me? Is the
authority of the government derived from my consent in addition to the consent
of the majority of my fellow compatriots? Is the authority derived from us by
those who manage our affairs being exercised to promote our liberty,
prosperity and general welfare? These are the questions that all citizens should act
on, on Republican day. If the answers to the question are in the positive
then one should celebrate the birth of such a Republic. If the answers are in
the negative then one should know that one lives in a Republic only in name and
should strive to bring changes to make Republican existence a reality. This
is my message to the Nation on this august day which every government which
treasures the sovereignty of the people must transform into a public holiday
to enable marches and speeches to take place to remind the people that power
belongs to them.
Foroyaa: Mr. Juwara has written a letter indicating the withdrawal of NDAM
from NADD. What is your reaction?
Halifa: That does not need a reaction. It requires acceptance of the
position of a sovereign person and sovereign political entity. Association is a
matter of choice. Each person has freedom of Association. Each party has freedom
of Association. I respect his view and the position of his party.
Foroyaa: This does not make you change your view on Juwara?
Halifa: Those who have followed the history of Gambian politics would know
that Juwara has gone through very trying times. He has been ostracized for his
positions and beliefs. I had my opinions of many political personalities in
the Gambia until I fought my own misgivings to accept to be a Coordinator of
an opposition alliance. I must say that even though things did not
materialize as expected I have come out of the process knowing how to build positive
relationships with any person. I’m compelled by historical circumstances to
work with.
In my view, Juwara is heading towards his mid sixties and above. The age
limit of being a Presidential candidate is 65. He has witnessed the difficulties
of trying to change a government without adequate financial and moral
support from those who are quick to preach doom and gloom. I sympathize with any
move he takes and hope that the sacrifices he had made to the point of enduring
broken hands and imprisonment will not have been endured in vain. Very few
people have gone through the ordeal he experienced. I wish him a dignified and
honourable existence out of the NADD compact.
Foroyaa: What is the future of NADD?
Halifa: The grassroots membership especially the women are displaying
overwhelming resilience. It is necessity which gave birth to NADD. Apparently,
necessity is keeping it on track. The grassroots base is calling for more
activities. I am sure the leadership will soon meet to chart a way forward. The
future is bright for NADD.
IN KANILAI FARM TRIAL
ACCUSED LACKS COUNSEL
By Modou Jonga
An accused person, Milko Berben a 46 year old Dutch national, has on Tuesday
24th April, 2006 stated that he cannot engaged the service of a lawyer
despite making efforts.
According to the Dutchman most lawyers declined to represent him upon
knowing that his case is connected to Kanilai Farms. Mr. Berben, an engineer with
the Global Energy Company is standing trial before Magistrate M’bai of the
Brikama Magistrates’ Court for allegedly stealing three generators being the
properties of Kanilai Farm Company.
The alleged theft case is said to be committed sometime in 2006 at Kanilai
and Bugene village respectively in the Western Region.
In his testimony as the first prosecution witness, Mr. Musa A.M Njie NAWEC
Operation Engineer Kotu power station, said he was instructed by his manager
to accompany three NIA personnel to Bijilo. Their mission, stated the witness,
was to check some generators and to ascertain whether they can be operated.
Upon arrival at Bijilo, the witness said, precisely four mechanics were
found working. Testifying further, the witness stated, that he was told by a
mechanic that the said generators cannot be operated due to mechanical break
down.
Subsequently, the witness affirmed that he was instructed by the NIA
Officers to make a report with regards to the generators. The said report was
tendered in court and marked as an exhibit without objection by the accused person.
While being cross examined, the witness noted that, he was not informed of
their mission to Bijilo prior to their departure on 29th January, 2007.
Also testifying; the second witness Jim Secka, an engineer with the Global
Energy Company said he often service generators at Kanilai together with other
personnel.
According to the second witness, he was authorised by the accused to take
three generators from Kanilai to the Global Energy headquarters at Bijilo
accompanied by the accused and his family. As a result of a break down, the
witness said the three generators were brought to Bijilo.
The third generator, stated the witness, belongs to the mother of the
president and it was taken from Bugene. The pictures of the said generators which
were identified by the accused person were tendered in court and marked as an
exhibit without objection by the accused.
At the disembarking scene of the three generators the witness said, pictures
of the generators were also taken. The said pictures were also tendered in
court and marked as exhibits.
According to the witness, upon arrival at Bijilo, the three generators were
inspected but a break down on them was discovered. With this regard, the
witness said, the accused was informed accordingly. The witness, noted that while
the generators were being taken to the National Intelligence Agency
headquarters in Banjul, the said generators were intact. The witness also stated
that, he made a statement to the Police.
The further noted that the said generators are presently with the NIA but
said he did not know the NIA personnel who took the said generators. At that
juncture prosecutor Superintendent Dibba applied for an adjournment. The case
was thus adjourned to 9th May 2007.
HOW THE COURT MARTIAL CAME TO ITS VERDICT
By Fabakary B. Ceesay
The president of The Gambia Court Martial, Commander Sarjo Fofana, while
delivering judgment 19 April on Thursday indicated that every long journey must
come to an end. He added that the whole court process was done in justice and
that it was done in peace.
Commander Fofana stated that the prosecution has duty to prove beyond
reasonable doubt that the alleged offenders are prosecuted accordingly. Fofana
added that the dragging of the case was not an issue as long as justice is not
denied. “I think we are now in a position to read out the verdict and we pray
that this never happened in the history of The Gambia.”
The judge advocate, Justice Akimoyae Agim, added that any body who is
excited by the verdict should try to control his or her emotion, saying “especially
soldiers, who were trained to be disciplined.” He also warned those who
might not be controllable or saddened by the verdict, not to harass anybody. He
said, “the verdict today is not anybody’s responsibility but that of the
court.”
Agim said that on the 27 September 2006, Chief of Defense Staff, Colonel
Lang Tombong Tamba issued an order for a Court Martial to try the accused
persons who were all members of The Gambia Armed Forces. He stated that on the 21
March 2006, the accused persons were procuring other people to cause mutiny
and to over throw the government of The Gambia. He said that on 11 October
2006, the accused persons were arraigned before the court martial and they
pleaded not guilty. He said that the prosecution has called witnesses to testify
and the defense also called for a trial within trial of which many witnesses
testified. Justice Agim indicated that the prosecution has to prove beyond
reasonable doubt that the accused persons were guilty of the said offenses. He
said that the statements were confessionary statements. Justice Agim said that
it was the idea or view of the accused persons to be put before GRTS so that
they will apologize to The Gambian Public. He said the tape is admissible
before the court, saying “In that video recording, the tape speaks for itself.”
Agim noted that Captain Saikou Secka testified as an eye witness account
that he was persuaded by Colonel Ndure Cham and Captain Bunja Darboe to be part
of the coup. Agim asserted that Captain Bunja Darboe stated that he was
instructed by Colonel Cham to prepare a written address to the public.
He added that Corporal Arjuma Camara also testified that, Captain Wassa
Camara came to his guard post at the Abuko Earth Station and asked for one Mr.
Njie. He added that Mr. Njie also testified that he was called by one Camara
while he was on his way to Senegal but that he told him to see him at his
office the following day.
He said that the second accused person (Yaya Darboe) has also gone to Gamtel
to cut off the external communication, with the third accused person, (Wassa
Camara).
On the fourth (4) accused person, 2nd Lieutenant Pharing Sanyang, “that
Corporal Samba Bah’s statement indicated that while he was chatting with the 4th
accused person, they saw Musa Bojang (Intelligent Officer) was passing by and
the fourth (4) accused person kept quiet, he said this clearly shows that
the fourth accused was part of the coup. He said that even though Corporal Bah
advised Pharing Sanyang not to be part of it, the fourth accused (Pharing)
was hiding information from the intelligent officer who was passing by. He also
added that when Captain Famara Jammeh told the fourth accused that he heard
about a coup being planned, the fourth accused person did not tell Captain
Jammeh of what he knew. Instead he sat in his office without doing anything.
On Captain Abdou Karim Jah, Agim said that, Jah stated that he was called by
Captain Bunja Darboe to his office but that upon his arrival, he met three
civilians there and that he returned for the second time and met him with 2nd
lieutenant Pharing Sanyang, RSM Tamba and the other he did not know. Agim
added that Captain Jah stated that he did not know what the quartet were
discussing but that Captain Darboe promised to call him back which he never did.
On Captain Pierre J. Mendy, Agim said that, Captain Mendy stated that while
they were working at the Barracks, RSM Alpha Bah asked him whether he (Mendy)
was informed by CDS Cham about the coup and that he (Mendy) replied no. Agim
indicated that, according to Captain Mendy he told RSM Bah not to mention
the coup to him because he would not be part of it. Agim noted that, during the
testimony in chief of Captain Mendy, he said that his statement was obtained
under duress, threat and promises. Agim ruled that the court did not believe
in his testimony that his statement was not obtained under threat or duress.
On Lieutenant Momodou Alieu Bah, Agim stated that Captain Bunja Darboe
stated in his cautionary statement that the then CDS Ndure Cham mentioned to him
names of people who were part of the coup which included Lieutenant M.A Bah.
He said M.A Bah and Captain Seckan were to take control of the Fajara
Barracks.
On Corporal Samba Bah, Agim said that the prosecution has laid evidence
against him that he was informed by Second Lieutenant Pharing Sanyang about the
coup, and who was to take control of Denton Bridge to State House. Agim said
that, Corporal Bah did not do anything to inform a Senior Officer, Magistrate
or a Police Officer. Agim said that, Corporal Samba Bah has mentioned in his
statement that he did try to stop Pharing from taking part. He said that
Corporal Bah testified in court that his statement was not written by him but
that he was forced to do so before they got rid of him. On Lance Corporal Babou
Janha and Private Alagie Nying, Justice Agim said the evidence against them
is the same. Agim said that, going by the tape that was relayed over GRTS TV,
Alieu Jobe had informed the two about the coup. Agim indicated that the duo
did not do anything to report the matter. He concluded that Alieu Jobe
corroborated Omar Faal Keita’s statement. He said that their counsel made a no case
submission but it was overruled.
After the president of the court pronounced the accused guilty. Justice Agim
finally called on the defense counsels to mitigate on behalf of their
clients. Counsel, Lamin S. Camara, Borry S. Touray, Lamin K. Mboge and Lamin
Jobarteh told the court that the accused persons were military officers of The
Gambia Armed Forces with distinguished records in the force and that they are
family men, and some of them are with two wives and many children. They said the
accused persons are in their prime. They indicated that the ten men had laid
their lives for The Gambia and had adhered to the rules and regulations of
The Gambia Armed Forces. They urged the court to temper justice with mercy.
They said the court can discharged the men from the Armed Forces. They pleaded
that sentencing them will not only have serious repercussion on them but on
their families.
Justice Agim also ruled that the application for the state to return the
vehicles and properties of the accused persons is granted. He said he will write
an order and direct it to Director General of NIA, IGP, the Director of
Prisons and the Chief of Defense Staff.
However, before sentence was delivered the President of the Court, Commander
Sarjo Fofana, indicated that the remarks made by the counsels under the law
are recognizable. He maintained that the accused persons wanted to overthrow
the democratically elected government of the country. He said several attempts
were made to overthrow the government. He said looking at what is happing in
other countries, the peace we have will never be compromised and the
competent and constitutional authority of the state should not be challenge. He
therefore sentenced Captain Bunja Darboe, Captain Yaya Darboe, Captain Wassa
Camara and Second Lieutenant Pharing Sanyang to life imprisonment. Captain
Abdoukarim Jah and Lieutenant Momodou Alieu Bah were each sentenced to twenty-five
(25) years imprisonment, while the rest, Captain Pierre Mendy, Corporal Samba
Bah, Lance Corporal Babou Janha and Private Alagie Nying were each sentenced
to ten years imprisonment. All sentences are to run concurrently. As the
verdict was being read, relatives, sympathizers, cronies and family members of
the convicts became emotional and started sobbing. The convicts were quickly
whisked away into a mini bus which was escorted by a fleet of vehicles.
Bakau United in First Win, Real Trash Biko
By Modou Nyang
Relegation threatened Bakau United collected their first full three points
on Sunday when they beat newcomers Seaview by two goals to nil. And at the
Independence Stadium on the same day, Real de Banjul demolished Steve Biko by
three goals to zero.
Ebou Jorbateh put the struggling Bakau side in the lead and Buba Bojang made
safe all three points from the penalty spot. Seaview struggled to cancel out
Jorbateh’s lead but were not fortunate enough before Bojang closed the day,
when striker Daddy Gai was fouled inside the penalty area.
Real de Banjul on the other hand defeated Biko by a three goal margin
despite being without their coach who resigned last week. The win propelled Real to
join third position with 14 points together with Gambia Ports Authority FC.
ROAD TRAFFIC INJURIES-TOO COSTLY
(Globally $518 Billion Per Year!)
By Sarjo Camara Singhateh
“Everyone killed, injured or disabled by a road traffic crash has a network
of others, including family and friends, who are deeply affected,” says Mr.
Momodou Gassama, WHO communications officer.
Mr. Gassama was quoting from the world report on road traffic injury,
prevention summary report.
He said Globally, millions of people are coping with death or disability of
family members from road traffic injuries. It would be impossible to attach a
value to each case of human sacrifice and suffering, add up the values and
produce a figure that captures the global social costs of road crashes and
injuries. According to the report the economic cost of road crashes and injuries
is estimated to be 1% of gross national product (GNP) in low-income
countries, 1.5% in middle income countries and 2% in high-income countries. He said
the Global cost is estimated to be US$518 billion per year. Low-income and
middle-income countries account for US$65 billion, more than they receive in
development assistance. He stated that road traffic injuries place a heavy
burden, not on global and national economies but also household finances. “Many
families are driven deeply into poverty by the loss of breadwinners and the
added burden of caring for members disabled by road traffic injuries.” According
to the report by contrast, very little money is invested in preventing road
crashes and injuries. The report further stated that funds spent on research
and development focus on several health concerns, including road safety.
Comparatively little is spent on implementation, even though many interventions
that would prevent crashes and injuries are well known, well tested,
cost-effective and publicly acceptable.
PROSECUTOR’S ABSENCE DELAYS LAMIN FATTY’S TRIAL
By Bubacarr K. Sowe
The absence of Police Prosecutor, Momodou Mballow, from court on Monday led
to the adjournment of the trial of Lamin Fatty, a journalist with the closed
bi-weekly, The Independent.
Defence counsel, Lamin S. Camara told the court that in the interest of
justice he had no option but to adjourn the case.
The Presiding magistrate, Buba Jawo of the Kanifing Magistrate Court,
deferred the case to the 30th of April, 2007.
Mr. Fatty is standing trial for allegedly publishing false information.
FORMER PS’s TRIAL SUFFER SETBACK
By Fabakary B. Ceesay
The trial involving the former Permanent Secretary of Works and
Infrastructure and the state has been adjourned due to the absence of the state counsel.
When the case was called before Magistrate Pa Harry Jammeh of Kanifing, the
defence counsel Lamin S. Camara announced his representation for the accused.
The case was then deferred to the 8th May 2007 for the prosecution to be
available in court. Magistrate Jammeh told the accused person to be coming to
court regularly as required by the law. The former Permanent Secretary, Mr.
Lamin Sanneh was brought to court by the state for alleged negligence of
official duties contrary to section 113 of the criminal code. The particulars of
offense indicates that on the 8th and 9th November 2006, Mr. Sanneh neglected to
report to the office as he was required to do so. He pleaded not guilty and
was granted bail with the sum of D100,000 Mr. Sanneh prior to appearance in
court, has spend almost five months in detention. He first appeared before the
court on the 3rd April 2007. This is the second time his case has been
adjourned, without proceeding.
KAWSU CEESAY’S TRIAL
More Testimonies
By Bubacarr K. Sowe
Safiatou Njie, Directress of Administration at the Independent Electoral
Commission (IEC) on Tuesday appeared in the six million dalasis forgery trial of
Kawsu Ceesay, IEC’s Chief Electoral officer.
Mr. Ceesay is accused of forging the signature of the then Chairman of the
IEC, Mr. Ndondi Njie for the approval of the purchase of electoral materials
from Code Incorporate, a Canadian firm.
Testifying before Magistrate Babucarr Secka of the Kanifing Magistrates
Court, Mrs. Njie said she knows Code Inc as the company IEC used to order
electoral materials from.
She went on to say that, in March 2006. Mr. Ndondi Njie told the
commissioners that he received emails and telephone calls from Code Inc regarding IEC’s
order of electoral materials which she said the IEC had already cancelled
after making a firm order.
She added that this was related to her while at the ex-Chairman’s (Njie)
office with other commission members including the accused person, who also
attended the meeting.
Mrs. Njie went on to say that at that meeting, Mr. Njie informed them that
he never gave approval while Mr. Ceesay argued that it was Mr. Njie who gave
him the green light to order for the electoral materials.
She narrated that during the argument between Messrs Njie and Ceesay, no
document was produced on the purported approval.
Mrs. Njie told the court that she was surprised when she was shown the
approval document between July and August, 2006, after Mr. Njie’s removal from
office as IEC’s Chairman.
Under cross-examination with defence counsel Musa Batchilly, she said that
nothing in a memo (exhibit) given to her in court indicates that Mr. Ceesay
was asking for approval.
She agreed that Ceesay was instructed by the IEC to look for invoices for
electoral materials and that he got an invoice from Code Inc.
She also said that Ceesay had maintained that he was given verbal
instruction by Njie, but Njie also argued that he could not do so since there was no
fund to pay for the order made.
She also said she is not aware if IEC has ever investigated the matter.
Mrs. Njie finally said that IEC has been ordering electoral materials from
Code Inc. in the past, adding that she is not aware of any order made by the
IEC to Code Inc after Njie’s tenure of office.
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