FOROYAA NEWSPAPER BURNING ISSUE
Issue No. 87/2005, 14-16 November, 2005

  Editorial
  SUD FM STILL CLOSED DOWN
  NO DISCUSSION ON THE ISSUE WITH THE PRESS DURING SOS’ VISIT
  SUD FM is a radio station. The station manager lives at quarters of the station. Members of the security forces under instruction just marched into the station and told the station manager to hand over the station to them to be closed down. Claiming that he lives at the station they insisted that he can live where he has been given a room but should cease to operate the station. There was no court order or court action. The decision to close SUD FM is purely an administrative decision by the executive.
  Section 23 of the constitution states that
  "No person shall be subjected to interference with the privacy of his/her home, correspondence or communications save as is in accordance with law and is necessary in a democratic society."
  As the saying goes freedom has fences beyond which actions encroaches on the rights of others. In short, one can say that one’s freedom stops where the freedom of the other begins. This is why a law is democratic and just when it protects the rights of all against encroachment by any. However, where the exercise of rights and freedoms are deemed to have exceeded the bounds of justice and the law, it is the courts that should be the final judge of who is right or wrong.
  The fact that SUD FM should be closed by executive order confirms that the electronic media has no protection.
  Section 207 of the constitution which states that "the freedom and independence of the press and other information media are hereby guaranteed" is reduced to an empty assertion.
  According to government, SUD FM was insulting the Senegalese authorities. However, the same leaders of the government could rely on national radio not only to insult their opponents but to even threaten death. Yet the national radio and TV are still operating. This is the practice of the rule of might.
  The Gambia Press Union, the Embassies, the human rights community, the Bar Association and other civil society organisations in the country should not be silent. The struggle to defend rights and freedom should not be left to Reporters Without Borders and other international media associations. When a radio station is closed the right of people to be heard is abrogated. The radio station is simply an organ of amplification of the words of diverse people.
  Suffice it to say that if a broadcaster violates the law, other broadcasters should not be punished for his or her transgression. Collective punishment for an individual offence is draconian and undemocratic. However, the SoS is silent and many people who should fight for justice are silent on the SUD FM closure. When will justice prevail if those who should defend it are in a slumber?
  FOROYAA calls on those who believe that injustice anywhere should be the concern of the just everywhere to take their stand.
  Any person who is alleged to have done wrong should be given a free trial. Nothing will justify the closure of a media house for the wrongful action of one of its employees. This is censorship of the highest type.


  BANJUL’S DEPUTY MAYOR ACCUSED
  Shortly after a local newspaper alleged that Mama Sait Njie, the Deputy Mayor of Banjul City Council, is under the clouds after the commission of inquiry headed by Fabakary Tombong Jatta discovered that she embezzled two hundred thousand dalasis from the Banjul City Council. Foroyaa decided to break the ice by contacting her in order to find out her reaction to the issue.
  Mama Sait said, "I have nothing to say. The Independent did not contact me before publishing the story. This money involves council. It is council’s money, so if you want to know something about it, contact the Chief Executive Office of the council or the Financial Controller of the council. They are responsible for the council’s finance
  Our reporter went to the Banjul City Council on Wednesday, but he was told that the Chief Executive Officer (Mustapha Batchilly) went out. He had made several attempts to reach him on phone but all efforts bore nought.

  CJ CANNOT DIRECT TRIBUNA
  Says Lawyer
  By Fatou Janneh
  Controversy still continues to surround the ITC case. Proceedings which was stalled for some time resumed on Thursday 10th October 2005, at the Kanifing Industrial Tribunal, with the counsel for the plaintinff maintaining that the Chief Justice has no authority over the ITC case.
  Thursday’s proceedings started by Mr. Omar Njie and Mrs. Tambedou, counsels for the defendant, the International Trypanotolerance Centre (ITC), apply for the adjournment of the case for two reasons: that the defendant, the ITC, had started negotiation, with the plaintiff; secondly, they are taking steps to stop proceedings.
  In his submission the current counsel for the plaintiff, Mr. Jobarteh noted that he is not opposed to the application provided that there will be no delay in the negotiation. "The reason is two fold. Firstly, justice delayed is justice denied and my client is entitled to speedy justice," he remarked.
  He submitted that Mr. A.O Faal has been unemployed and waiting for 2 years now and that like many of us, he has many responsibilities because he is a family man. He submitted that the ITC shall be used as a reference when he seeks employment and that only God knows what the ITC would say. Mr. Jobarteh also indicated that his client has given him a letter from the chief Justice (CJ), complaining about the case being transferred from the Kanifing tribunal, with ref: ZB 43/561/02/(41); that they have series of letters from the Director of Public Prosecutions (DPP’s) office; that therefore, he is opposed to any stop of proceedings, including the CJ’s letters.
  At this juncture, a letter dated 20th October 2005, directing that the case be stalled and a letter of the 7th November 2005, written in response to the plaintiff’s letter and addressed to the CJ, protesting the stalling of the case were shown to the tribunal.
  Mr. Jobarteh further stated that the CJ has no authority whatsoever to direct the tribunal or any court within the jurisdiction, to stop proceeding. "Your court and it’s office, and all the courts for that matter have been given enough independence in the constitution of the Gambia." The counsel for the plaintiff asserted that the letters written by the CJ particularly, the one dated 20th October, 2005, clearly amounted to an interference of the Kanifing Industrial Tribunal (KIT).
  "I say this because the CJ, having heard and received written allegations, has already decided the fate of this case by stopping it which he has no legal authority to do. Legally speaking, one would have imagined him to advise the Director General of the ITC, Dr A. Agyemang, to file for prohibition. By virtue of that these two letters cannot stop the proceedings of this matter. If your worship allows what the CJ is attempting or attempts to do, which he cannot do, it will be the opening of the floodgates to interference which will put justice into jeopardy," he said.
  At that moment, Mr. Jobarteh referred the Chairman of the KIT to a text "Made For Justice," at the second paragraph of page 9, which he said explains the meaning of freedom and independence of the courts.
  The counsel pin-pointed the court’s independence, noting that this must not be interfered with. He appealed to the tribunal to note that his client is entitled to a speedy trial, considering the set back the court had suffered. "My client invariably will not have that opportunity to be heard on the injustice he had suffered at the hands of his employers, the ITC; and considering the various correspondence of the Director General, Dr Agyemang, made," he said.
  At this point, Mr. Omar Njie, counsel for the defendant, argued that they are acting as counsels and they have nothing to do with administrative letters. For his part, Mr. Sheriff Tambedou, counsel for the defendant, told the tribunal that they, Mr. Njie and himself, do not represent the CJ. "We do not hold the CJ in brief. The letters referred to by my learned friend are administrative matters that have no relevance to the proceedings. Therefore, to raise them was inappropriate and did not deal with the application before this honourable court."
  Mr. Jobarteh replied that it was very relevant and appropriate because it concerns the tribunal and his client is deeply affected.
  Mr. Tambedou, however, clarified that it was the plaintiff who initiated talks. At that moment, Mr. Alieu Faal stated that he never instructed Mr. OD Mbye (a counsel who formally withdrew from the case).
  The Defendant’s counsels suggested that if the plaintiff denies, let Mr. Mbye be given an opportunity to appear before the tribunal. They however maintained that the plaintiff’s counsel has not given any reason why the application submitted should not succeed.
  "His reason does not touch the application because as far as administrative letters are concerned, we have nothing to do with them."
  Having heard from the counsels’ arguments, the chairman, Magistrate Richards, ruled that the tribunal received letters from the office of the CJ directing that the tribunal stops hearing the matter, pending the disposition of petition dated 14th October 2005, by the Director General of the ITC, complaining about the conduct of the KIT.
  "I was asked to write and comment which I’ve accordingly done by writing a letter that was advanced to the JSC, dated 26th October 2005: prior to this, the tribunal received a letter from the plaintiff dated 24th October 2005 and addressed it to the CJ, complaining about his decision to stop the proceeding of this case by signing or filing a petition by Dr K. Agyemang who is not even a party in this suit. In another letter dated 7th November 2005, received by me, the CJ wrote to the plaintiff, assuming that the case is not transferred but suspended, following investigation into Dr. Agyemang’s allegations about the conduct of the chairman of the KIT," the chairman revealed.
  He indicated that it is the tribunal’s most prudent opinion that it should desist from commenting on the merits or demerits of their various correspondences, but obviously conscious of its constitutional powers to dispense justice diligently and without being subjected to anybody’s authority or directives.
  Notwithstanding, it was ruled that the tribunal adjourned the case not on the basis of leave to counsels for Defendant’s application or counsel for plaintiff’s arguments but for the tribunal to advise itself accordingly in light of all the recent developments.
  The case was adjourned till 24th November 2005.

  WASULUNG RESIDENTS FEEL CHEATED

  By Abdoulie G. Dibba
  The residents of Wasulung Ward in Janjangbureh feel cheated because they have paid more than D75, 000 o NAWEC for the provision of street taps only to continue fetching water from the river for drinking and other purposed.
  Responding to a question raised by the Member for Janjangbureh, Hon. Musa Sillah, VP Njie Saidy indicated that Wasulung Ward in Janjangbureh had indeed paid D75 108. 83 (seventy-five thousand, one hundred and eight dalasis eighty-three bututs) to NAWEC for the provision of street taps. She said Wasulung Ward could not be provided with the services at the time on the grounds that the materials were not available. She pointed out that she was pleased to inform the Hon. Member that NAWEC had acquired the materials and are in the final stages of providing these services in the Wasulung Ward within the next ten weeks. During a visit to the area by this reporter, residents of Wasulung complained of the long distance travel they make to get water from the river and the health implications of drinking river water. Foroyaa will get in touch with the health authorities on the matter.

  LAWYERS PAY TRIBUTE TO SAM GEORGE

  By Bubacarr K. Sowe
  Legal practitioners across the country on Tuesday organised a special farewell ceremony and a valedictory session at the High Courts in Banjul to commemorate the death of the late Samuel Henry Abayomi George who died on 2nd October, 2005.
  Speaking at the ceremony, the Honourable chief Justice, Stephen A. Brobbey called on legal practitioners to emulate the "great life" of Sam George. "We take this opportunity to call on legal practitioners to take a cue from him and his success and emulate what made him what he really stood for and for which so much is being said about him today."
  "We are celebrating the life of the person who had so much to offer and who has left significant landmarks in the country. As a professional, he exhibited commendable sincerity and honour with which he carried out his duties and responsibilities." The chief Justice said.
  The President of the Gambia Bar Association, Musa N. Bitaye said Sam George’s long and illustrious career in law was executed with integrity, resounding success and above all a sense of utmost humility.
  The Attorney General and Secretary of State for Justice, Sheikh Tijan Hydara, described Sam George as someone who combined professionalism with responsibility, good character and resilience.
  "He fought for justice and fair play. He has been very helpful to the young and up coming barristers. Uncle (Sam) is a role model that ought to be emulated by all of us. He has served the government of the country in almost all legal capacities and his clients at all levels of the courts. He has done so with candour and dignity upholding the tenets of the profession. Uncle Sam can hardly be found wanting, he had all it took to be a model- he was professional, had discipline and morale." The Attorney General commented.
  Sourahata Semega- Janneh, a member of the Bar, said Sam George was fearless in the defence of his clients and in upholding the rule of law, as was demonstrated on several occasions.
  "In the PPP days he twitched every cerebral cell, stretched every muscle and belaboured his whole heart in the defence of the Journalist, Sanna Manneh, against powerful government ministers with resounding success. In the AFPRC days we recalled how in these very precincts, he became one of only two barristers ever to cross-examine a military Head of State, though literally surrounded by the guns of revolution." Semega-Janneh said.
  Samuel Henry Abayomi George known to most as Uncle Sam was borned in 1924 to William Charles George and Josephine George of 5 New Street, Banjul. He had his early education at St. Mary’s and Methodist Boys High School before working at the Crown Law Office, in Banjul (then Bathurst).
  After a stint there, Sam proceeded for further education in the UK in 1952 and was called to the Bar at Lincoln’s Inn in 1959. He returned home to take up state responsibilities as Registrar of the Supreme Court in Banjul, Deputy Registrar of the Sierra Leone and The Gambia Court of Appeal, Magistrate and Acting Colonial Magistrate in 1964.
  Sam acted as Solicitor General and Attorney General in 1965 and 1967 respectively and in 1968 he became the first Gambian to be appointed Solicitor General. He also held the posts of Legal Secretary, Legal Draftsman and Director of Public Prosecutions, acting as Chief Justice in 1969 and eventually retired from public service to pursue a career in private practice. He was honoured by her Majesty the Queen the award of an MBE in 1990.
  An ode to his memory was read by Edrissa Fafa Mbye.
  SOS MACDOUALL HARPS ON DEYDA’S INVESTIGATION

  By Emil Touray
  Neneh Macdouall Gaye, the Secretary of State for Information, Communication and Technology, has urged journalists to exercise patience and allow security forces to investigate the death of Deyda Hydara, co-proprietor and editor of the point newspaper.
  SoS Neneh Macdold made this appeal on Wednesday while paying a courtesy call to the Gambia Press Union Secretariat in Serrekunda.
  "The case of Deyda is regrettable. It is sad and it is felt from all quarters. Investigations are still going on. Let us allow it (The investigations) to take its course. There are murder cases that take ages before the culprits are discovered. Let us give it (the investigations) more time. Let us not draw conclusions or point fingers. Let us support the investigations. You talked about attacks on media houses. Again, I give you an example of an MP (Member of Parliament) who is a support of the government, his house was burnt down, but up till now, who ever may have done it hasn’t been found out." SoS Macdold Gaye remarked.
  She further noted that a special forum is needed in order to find out a solution on the cold relation that exists between the Independent media and the government.
  I think we need a bigger forum in order for us to discuss frankly, because if we don’t talk to each other frankly and pave the way forward, we will keep on going round circles and one party will blame the other and the other party will also do the same. I don’t think there is justification for us to blame each other. What we need is understanding and the purpose of my coming is to clarify the notion that the government is anti independent press or we don’t see you as partners in development. My second purpose of coming here is to allay your fears that you are enemies of the government or targets of the government. I will let you know that that is not the case and for that matter I want to tell you that my office is open for the purpose of clarification of information. If you have problem you are welcome to report to my office. We need to work as partners," she remarked.
  Speaking earlier, the president of the Gambia Press Union, Madi K. Ceesay, told the Secretary of State that his union is not happy with the way the National Intelligence Agency (NIA) are handling the investigations on the death of Deyda Hydara. He also told her that the media fraternity is concerned about the frequent attacks on the media. He cited the arson attack on the Independent Press House and the attack on Radio 1 FM as examples. Ceesay also raised concern regarding the raising of newspaper bond from one hundred thousand dalasis to five hundred thousand dalasis.
  "We are concern about our security, because where killings are done, we feel a little bit insecure. But we will try and carry out as expected of us," Madi remarked.
  SHORTAGE OF LECTURERS HITS G.T.T.I
  Deputy Director Says She Is Not Aware

  By George Sambou
  Reports reaching Foroyaa have disclosed that there is a shortage of lecturers at the Gambia Technical Training Institute (GTTI).
  According to sources, most of the lecturers have left the institute due to the low pay scale. The source went further to recall that two of the lecturers have since left the institution and that many more have threatened to leave. Foroyaa has also been informed that some of the Students studying for their diploma course in electronics etc, have since collected their monies and have moved to Chamen Electrical and have moved to other institutions owing to the fact that there is serious shortage of lecturers at the Institute.
  Some of the students who spoke to this reporter, expressed their dissatisfaction with the school authorities. "Look, they have increased the school fees, yet still they cannot provide us with enough lecturers," said a female student. Another student who also spoke under anonymity, told Foroyaa that since he was enrolled in the school he has never done any practical in the technical subjects he is offering. The student who appeared angry, went further to disclose that the institution has never organised a graduation for its students.
  "It is really a big shame", he added, when contacted at her office. The Deputy Director, Mrs. Njie, said that she was not aware. For his part, Kakai Sanyang, the registrar of the school said to our reporter that. "If the Deputy Director is not aware, how can he be aware?"

  APRIL 10 CASE FURTHER ADJOURNED
  Ousman Sabally, a teacher at St Augustines Senior Secondary School who was molested by state security agents during the student demonstration on 10th April 2000, is still clamouring for justice. Sabally has instituted legal action against the government for damages he incurred as a result of the inhuman treatment meted out to him by state security agents. The plaintiff is claiming five hundred thousand dalasis and five percent as cost from the defendant.
  The case has been assigned to different judges. The latest judge assigned by the chief Justice to hear the matter is Justice Izuako. The matter was mentioned on Thursday before Justice Izuako. However, the staff was not represented by a counsel. The plaintiff was represented by Hawa Sisay Sabally. The case is now adjourned to the 1st of December 2005 for hearing.




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