Folks, I attempted to forward the latest foroyaa issue but I'm not sure if it came through, your end. If it did then excuse my clutter. FOROYAA NEWSPAPER Issue No. 88/2003 EDITORIAL The National Assembly and the Arrest of the Majority Leader When the Majority Leader was arrested on Thursday 13th November 2003, many people called to ask Foroyaa whether National Assembly Members has Parliamentary Immunities and questioned how he could be arrested without a Session of the National Assembly being held to waive his Parliamentary immunity. On Thursday, the Speaker of the National Assembly was indeed approached for the waiving of the Parliamentary Immunity of the Majority Leader. However, unlike many countries where Parliamentarians cannot be arrested until their immunities are set aside by Parliament, in the Gambia immunities are given to National Assembly Members only when they are on their way to or are returning from proceedings of the National Assembly. Section 115 reads: "No civil or criminal process issuing from any court or other place outside the National Assembly shall be served on or executed in relation to a Member of the National Assembly while he or she is on his or her way to attending or returning from any proceedings of the National Assembly". National Assembly Members are therefore not immune to arrest while not attending, going to or coming from a meeting of the Assembly. The National Assembly did not have to meet to waive any Parliamentary Immunity. Of course the Members did explore the possibility of meeting in an emergency session. The Constitution states in Section 98 that "sittings of the National Assembly shall be within Seven days of a request of a meeting of the National Assembly by not less than one quarter of all the Members of the National Assembly". The Majority Leader however was granted bail on Friday 14th November 2003. Since the National Assembly cannot discuss a matter that is before the courts it appears that the issue of an emergency session was a matter of opinion. Just like any other Gambian it is for the courts to decide innocence or guilt. What is clear is that there is a shift in the political equation in the country requiring a new evaluation of the political direction of the country. What the future holds depends on maturity of the people of the country who ultimately must determine the type of political leadership that governs their affairs. Foroyaa is closely monitoring events and shall give clear exposure to all the trends in the political life of the country. Baba Jobe In Court Accused Of Defrauding The State Of Tens Of Millions Rumours are rife on why Baba Jobe was arrested. It is now necessary to separate facts from fiction. It is a fact that the drama unfolded on Thursday morning when the inspector general of police was instructed to approach the Speaker of the National Assembly to find out how Baba’s parliamentary immunity can be waived to facilitate his arrest because of the claim that serious allegations of fraud has been made against him. When it was discovered that parliamentarian only have immunity from arrest when they are going to or from a proceeding of the national assembly or while it is in session, the police proceeded to arrest him. He was detained until Friday afternoon when he was taken to the high court . This is when it became absolutely clear why he was arrested. On Friday he and the Youth Development Enterprise Managing Director Baba Kanteh were led to the High Court where six charges were read against them. They pleaded not guilty to all the charges. Baba Jobe is facing the following six charges: The first count : The first count is under the Economic Crimes Decree of 1994. Baba is accused of the failure to pay Port Duties contrary to section 5(b) of the Decree to the tune of twenty-seven million, one hundred and sixty three thousand, three hundred and ninety-five dalasis and fifty-five bututs (D27,163,395.55). For the benefit of the reader section 5 (b) of Economic Crimes (Specified Offences) Decree 1994, Decree Number 16, states: "A person commits an offence if he, being a citizen or non citizen resident in or outside The Gambia, in the course of any transaction or business with a public body, he intentionally or recklessly causes any damage, injury or loss, whether economic or otherwise, to the public body." The second count: The second count deals with a breach of section 84 of the Ports Act. The section reads: " Any master or owner of any ship, or any owner or consignor or consignee of any goods who, by any means whatsoever evades, or attempts to evade any of the dues or rate leviable under this Act shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding two hundred and fifty dalasis or to both such fine and imprisonment, and shall in addition be liable to pay to the authority as penalty double the amount of the dues or rates he evaded or attempted to evade." The third count: The third count alleges that Baba Jobe and Baba Kanteh of the Youth Development Enterprise have from 2001 to date caused economic losses of D70 million dalasis in import duties and others. The fourth count: Count four alleges that Baba is in breach of section 5(b) of the Economic Crimes (Specified Offences) Decree and section 6 of the Customs Tariff Act. The fifth count: Count five alleges that contrary to section 291 of the Criminal Code Baba has obtained credits at various sums totaling 70 million dalasis from Customs Department under false pretence from 2001 to 2003, that payment were done in cheques. Section 291 of the Criminal Code reads: "Any person who:- Incurring any debt or liability obtains credit by any false pretence or by means of any other fraud. With intent to defraud his creditors or any of them, makes or causes to be made any gift, delivery or transfer of or any charge on his property: or With intent to defraud his creditors or any of them, conceals, sells or removes any part of his property, after or within two months before the date of any unsatisfied judgement or order for payment of money obtained against him is guilty of a misdemeanor and is liable to imprisonment for a term of one year The sixth count: Baba is accused of conspiracy to commit a felony contrary to section 368 of the criminal code by causing financial losses to GPA and the customs department. Section 368 reads: "Any person who conspires with another to commit any felony or to do any act in any part of the world which if done in the Gambia would be a felony and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of felony and is liable if no other punishment is provided to imprisonment for seven years, or if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for a term of seven years, then to such lesser punishment." Baba Jobe is charged along with Baba Kanteh of the Youth Development Enterprise. The prosecution is being led by the Director of Public Prosecutions (DPP) Mr. Agim. Baba Jobe the first accused and Baba Kanteh the second accused are being defended by Mr. Mai Fatty. Bail was granted. The presiding judge, Justice Paul in granting the bail ordered each of the accused and one Gambian surety to pledge with the court landed property worth half the sum of Two Million Dalasis. In his opposition to the application for bail Mr. Agim argued that the UN had imposed a travel ban on Mr. Baba Jobe for his involvement in illegal arms trafficking and blood diamond dealings and should therefore be refused bail. He however changed his mind later and conceded to the application for bail. The case was adjourned till 8th December, 2003. The National Assembly is to held its budget session starting from 1st December. Foroyaa will closely monitor developments without fear or favour, affection or ill will. The State of the Gambian Economy CONTINUATION We have emphasised that the prices of goods and the exchange rates of the dalasi are not beyond rational regulation; that what undermines such regulation is "operation no compromise" which promotes a militarist style of arbitrary intervention instead of the systematic monitoring of all the factors which determine the prices of commodities and the exchange rates of the dalasi and cooperate with all stakeholders to eradicate speculation in the fixing of prices and the exchange rates of the dalasi. We have shown that the government has been a contributor to the current crisis by its huge dependence on loans, both locally and externally, and through erratic decisions which are alienating donors like the world bank which has been instrumental in putting the Gamworks programme in place. The government had failed to make maximum use of the new policies agreed with the World Bank. In short, the Gamworks project emerged because of the realisation that the collapse of the PWD had left a vacuum in being able to carry out public works such as the building of schools, hospitals, roads and other structures for rendering public services. Needless to say, it was envisaged that the trained persons released by PWD would be able to establish small businesses to enter into contract with Gamworks to implement many public construction schemes. Gamworks was supposed to operate, as an autonomous public capacity building institution, which would identify the best contractors and reward them for their efficiency and effectiveness in implementing projects. The management was to be free from political dictation in issuing contracts. This government knows very clearly that it has been unable to raise enough funds to meet its recurrent expenditure and depends mainly on foreign loans and grants to meet the development budget. It needed to adhere strictly to the terms of agreements with international institutions and promote accountability and transparency in the implementation of the projects. Furthermore, it had the duty to provide the support base to sustain the capacity tapped by the implementation of the various projects. The huge dependence on the loans and grants makes the economy very vulnerable to external pressures. For example, in 2003 external loans comprise 63.2% of the development budget. Grants consist of 25%. Only 5% come from local contribution. A review of the development budget year after year reveals that almost 90% or more of the budget always come from loans and grants. The loans provided for public works under Gamworks had the intention to build local capacity service delivery in public works. What government needed was to look at the means of providing a pool of equipment for contractors to hire since no single one of them could purchase heavy equipment. AMRC is said to have recovered 154 million dalasis in cash and kind. Such cash could have been utilized to purchase equipment needed in road and other major constructions to support Gamworks projects. This would have enabled the country to rely on local contractors to implement major projects and retain foreign exchange that could boost up the national economy. The government however did not make use of its potentials. Instead, its interference with Gamworks administration has led to a conflict with the donors. Now, many projects, including the road projects in the Kanifing municipality are in a state of limbo because of such conflict. How will "operation no compromise" rectify problems created by the very architect of the strategy? _________________________________________________________________ online games and music with a high-speed Internet connection! 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