Foroyaa Newspaper Burning Issues
Issue No. 92/2004, 22-24 November, 2004

Editorial
A State In Fear

The existence of a truly democratic state cannot be divorced from
transparency and accountability. This is why it is spelt out in the
preamble of the constitution that it "provides for us a fundamental law,
which affirms our commitment to freedom, justice, probity and
accountability. It also affirms that all power emanates from the sovereign
will of the people."
It is the people who elect a president and they have a right to know how
and whether or not the executive is serving them. It is imperative for the
executive to do all it can to ensure that accountability and transparency
prevails as stipulated in subsection (5) of section 214 of the
constitution: "The government, with due regard to the principles of an open
and democratic society, shall foster accountability and transparency at all
levels of government."
To foster accountability and transparency the constitution has also given
the media the responsibility of holding the government responsible and
accountable to the people. Section 207 subsection (3) states: "The press
and other information media shall at all times, be free to uphold the
principles, provisions and objectives of this constitution; and the
responsibility and accountability of the government to the people of The
Gambia."
Needless to say, even where public servants may wish to be accountable they
may be unwilling to do so if they fear losing their job without sound
reason. In short the spontaneous removal and appointment of senior civil
servants, managers of parastatals, security chiefs and secretaries of state
put such administrators at a loss. They are never sure of what to say or do
because of fear of losing their position. They tailor their actions and
statements to suit the whims and caprices of an individual rather than
policies, programmes and the law. In other words, "tailism" takes
precedence over competence and professionalism.
For example, we wanted to talk to the Deputy Managing Director of a
parastatals whose Managing Director had traveled but he declined to speak,
the excuse being that he had not been directed by the Managing Director to
do so. In our opinion, it was an excuse to evade a sensitive national
issue.
Needless to say, running a government is an art that must be mastered by
all administrators of the state. Serving one's people or nation demands
commitment and it is diametrically opposed to seeking for power and
privilege. The former is synonymous with transparency and accountability
while the latter is the bedfellow of monarchical tendencies. What Gambia
needs today is not a monarchical President but one who acts as a servant of
the people.


Ocean Bay Generator Arrives this Week
The Contractor adds her voice

We first apologise to the Reader for not publishing the entire article in
Last Issue entitled "Ocean Bay Chairman Speaks Out". The entire contents of
that article follow immediately after the current one. - Ed.
The Director of the Emporium Construction and Furnishing Company, Laly Diab
has informed this paper that the 750 KVA generator ordered by her company
for Ocean Bay Hotel on behalf of the Social Security and Housing Finance
Corporation will arrive on the 23rd of this month.
"We officially handed over two generators to Ocean Bay Hotel on 22nd April
2004 as the Contractor for the renovation of the hotel. On a later date, we
were ordered to hand over one of them by Social Security. That's the one
that was removed. They further instructed us to order a replacement of the
same capacity, specification and brand as the one removed. Payment was
received and effected on 23rd May 2004," she said.
She said that the 750 KVA generator bought by the Social Security was
ordered by her company immediately after payment was effected by Social
Security.
According to her, a one-megawatt and a 750 KVA generator were officially
handed over to the Social Security by her company on 22nd April 2004. She
said it is the 750 KVA generator that was removed from the Ocean Bay Hotel.
She said the 750 KVA generator was to serve as a standby generator in case
the one-megawatt generator had a problem. She said the one-megawatt has the
capacity to supply electricity to the whole hotel.
She added that the 750 KVA generator is imported from Japan and it takes a
minimum of four and a half months before delivery.

The following is the full text of the article which was published in the
last issue:
Ocean Bay Chairman Speaks Out

When FOROYAA contacted the Ocean Bay Chairman, Mr. Amadou Samba to find out
whether the generator that was taken to Kanilai had been returned he
categorically denied that any generator was borrowed. He claimed that the
generator was paid for the day after it was taken away from the hotel and
there is documentary evidence to prove this.
FOROYAA cannot at this stage deal with the veracity of the Chairman's claim
that the generator was not borrowed but was bought because that is the
issue before the court in the trial of former SSHFC Managing Director,
Andrew Sylva and it would be sub judice to do so. We shall wait for further
revelations at the trial.
Meanwhile Mr. Samba revealed that the cash received was used to order the
same generator from Japan, which he believed had already arrived at the
time of the interview. For the same reason FOROYAA thinks it would be sub
judice to delve into the question why they sold the generator only to buy
the same thing again.
Mr. Samba emphasized that two standby generators each of capacity 750 KVA
were available. One was sold and another of the same specification ordered.
Comment:
The trial of former Managing Director of Social Security and Housing
Finance Corporation will indeed be interesting. No one has denied that the
generator was removed. The court may focus on whether the generator was
purchased or borrowed. Documents cannot speak for themselves and witnesses
must testify (examined and cross-examined) to lay the facts bare. Let's us
wait and see what the facts are going to reveal in court.
Meanwhile the case has been adjourned twice upon the request of the
prosecution. It is now scheduled for 2nd December 2004.


TRIAL OF SEEDY FANNEH IN PROGRESS
By Pateh Baldeh

The trial of Seedy Fanneh, who was purportedly a torture victim at the
Brikama Police Station on the 1st July 2004 and who was charged for
insulting President Jammeh, resumed on Wednesday 17th November 2004 at the
Brikama Magistrate Court. He was also charged for unlawfully escaping from
lawful custody. Readers would recall that this incident took place on the
day of the Jarra West by election. He appeared the second time on the 23rd
August 2004.
When the case was mentioned on that day, the station officer at the Brikama
Police Station Inspector Omar Jawo gave his evidence to the court as the
first witness. When the evidence was read to him during the trial he said
he did not accept all that the witness said and he told the court that he
had a lawyer by the name Ousainou Darboe and appealed for an adjournment,
as his counsel was not informed of the day of the court. But during the
trial of the 17th November 2004, Lawyer for the defence, Mr. Ousainou
Darboe appeared.
This is what transpired during cross-examination by defence lawyer Darboe
and the first witness, station officer Inspector Omar Jawo:
Darboe: Why did you order corporal Bojang to arrest him? Did you find out
what he did?
Jawo: I did not.
Darboe: You said it was the junior officers who took his statement. Can you
tell the court who these junior officers are?
Jawo: I can't remember.
Darboe: Is it correct that you gave order for his statement to be recorded?
Jawo: Yes.
Darboe: Who were the officers on duty that night?
Jawo: Corporal Bojang, Barrow and the men. Sorry Corporal Barrow and first
class Bojang.
Darboe: I want to know who these men are.
Jawo: First class Jawara and first class Bojang the driver.
Darboe: You can't remember who took his statement?
Jawo: I left for quarters when I gave the instructions.
Darboe: You told the court that you gave a statement to the Police, when?
Jawo: I forgot the date.
Darboe: Is it correct that you have a diary?
Jawo: I don't have a diary but a Police diary.
Darboe: Did you read the statement you made?
Jawo: No answer.
Darboe repeated the question again and the witness responded that he cannot
remember.
Darboe: You can't also remember the person who recorded the statement
because it is a long time now.
Jawo: I can't.
Darboe: Now, Ndey Fatou Demba who is she?
Jawo: She is a Secretary working at the Forestry Department.
Darboe: Did she come to lodge any complaint to the Police on the 1st July
2004?
Jawo: I don't know.
Darboe: Do you know this Ndey Fatou Demba before 1st July?
Jawo: No.
Darboe: According to your evidence, you were sitting outside the Police
Station with Ndey Fatou Demba and Corporal Bojang. How did you know she is
Ndey Fatou Demba?
Jawo: I know her when she was making her statement.
Darboe: So nobody introduced her to you?
Jawo: Yes.
Darboe: Something really bothers me. As a station officer you gave your
statement to the officers and you cannot remember their names but you can
remember Ndey Fatou who was a stranger lady. I was working with the Police
for the past seven years. You know that this gentleman is a watchman at the
market.
Jawo: I don't know.
Darboe: You know very well that the opposition were jubilating for the
defeat of the APRC in the Jarra West by elections but you only use your
political sentiment in your office?
Jawo: No it is not correct. I did not use my political sentiment.
Darboe: You Jawo as a person you did not like the opposition winning that
seat? We all know you.
Jawo could not give any answer as to whether he liked it or not.
Darboe: Did you like it?
Jawo: I am not a politician.
The magistrate at this point put it to him that this is simple English yes
or no. But Jawo could not answer the question. Darboe reminded him that he
has sworn to the Holy Quran and told the magistrate that he Darboe was
going to take the answer.
Darboe: You said Corporal Bojang was on duty on the 1st July 2004?
Jawo: Yes.
Darboe: Police officer on duty outside the Police Station with a stranger
lady. What was he doing?
Jawo: I can't tell.
Darboe: Didn't you question him on what he was doing outside the station?
Jawo: I did not ask him. May be he was sent by his senior man.
Darboe: You said in your evidence that this man is a crazy man and
senseless that came and met you outside insulting. Why didn't you arrest
him there and then, before entering the Police Station and you were sitting
there?
Jawo: The arrest was effected on him there and then by Corporal Bojang.
Darboe: He was arrested before entering the police station. Is that what
you are saying?
Jawo: Within the premises of the police station.
Darboe: Look Mr. Jawo we know what is a police station.
Jawo: He was arrested outside the police station.
Darboe: At what time did he say "You Police when you talk I will cut your
penis".
Jawo: Within the premises before he was arrested outside.
Darboe: You think that this man will go to the police station and start
saying "Jammeh is a foolish man."
Jawo: Yes, this is what he said.
Darboe: It was at the market that Bojang arrested him because he was saying
APRC is defeated.
Jawo: It is not correct. He was arrested at the Police premises and not at
the market.
Darboe: When he was taken to the police station you and Bojang tortured
him?
Jawo: Nobody tortured him.
Darboe: I have the pictures with me.
Darboe: The inspector General of Police called you to confirm when a letter
was written to him?
Jawo: I was not called by him.
Darboe: Now you arrested him on the 1st July 2004?
Jawo: Yes.
Darboe: Now it was on that day you ordered for him to be charged?
Jawo: Yes.
Darboe: The witnesses to this so-called offence Bojang, Barrow, Ndey Fatou
Demba and the men, were present?
Jawo: Yes, they were present.
Darboe: You gave the instructions for him to be charged?
Jawo: Yes.
Darboe: When did you grant him bail?
Mr. Jawo could not answer but only said the witness escaped from custody.
Darboe: I put it to you that it was on the 9th July 2004. Your diary will
say everything that is spelt on this matter.
Jawo: Yes, it is in the diary.
The case was adjourned till the 6th December 2004. The Magistrate Bubacarr
Jawo asked PW1 to bring the station diary.


GOVT KILLED GPTC
D21 million owed, only 11 buses road worthy
By Surakata Danso


Reliable sources have informed this reporter that the government is
responsible for the death of Gambia Public Transport Corporation (GPTC).
The source further revealed that both the current regime and that of the
transition are reported by management of the GPTC to owe D21 million.
The source also indicated that the amount is in respect of fuel consumed by
the AFPRC from the various GPTC depots countrywide and contract of buses
for the various activities of both AFPRC and APRC governments. He further
stressed to this reporter that the board in 2002 had ordered the management
to put all the necessary documents together but that to date none of the
managements of GPTC had done so. The source finally indicated that as at
July 1994 all the major areas of this country were covered by the GPTC but
that today only 3 MAN buses, 2 TATA buses and 6 PEGASO buses are
roadworthy. He argued that since July 1994 the corporation had over 30 MAN
roadworthy buses. It is therefore clear that it is the government that
killed the corporation.
When contacted the Managing Director, Mr. Momodou Jagne said that he could
not answer that question, as he was not in office at the time. But he
confirmed the number of buses that are in use today. Mr. Jagne also
confirmed purchasing 23 second-hand PEGASO buses from Spain in 2003 at 7000
Euros or D245, 000 at a rate of D35 per Euro at the time. 17 out of those
23 buses plus the 8 earlier given by the President as a gift are grounded
in the depot as thrash MAN, TATA and PEGASO buses. Mr. Jagne is adamant
that he hopes to carry GPTC to higher heights. He also hopes to make the
problem of travelling and expensive fares a history very soon.
CHANGES IN THE MARKETING OF GROUNDNUT
By Emil Touray
The General Manager of the Federation of Agricultural Cooperatives,
Ansumana Makalo, has stated that various changes in programme direction and
policies on groundnut marketing have, with effect from the current 2004 /
2005 season taken off, making it all the more worthwhile and fitting to
share with the Secco managers.
According to Mr. Makalo, the changes in the marketing of nuts include
government regulations of the entire groundnut marketing arrangement. He
said this requires all interested entities to satisfy the eligibility
criteria, be formally issued a license to operate, a levy of five Bututs
per kilo of groundnut that passes through the cooperative produce marketing
societies be created for the building of the CPMs, and designated buying
locations as announced, be observed.
He said the reorganisation of cooperative produce marketing societies into
viable and sustainable entities is also taking off, and in that context the
overall marketing arrangements will be coordinated by government through a
corporate set of specialised parties.
He said Secco operations will be jointly supported by groundnut inspectors
for ensuring not only compliance in work ethics, but also in avoiding
substandard application of preservatives that, over the years, contributed
to quality deterioration of stock that affects the country's export image.
He said above all they hope to have a quick and successful groundnut
marketing season that will witness no credit buying including minimal cross-
border trade of the commodity.


THE BRIKAMA BREAD CRISIS
Prices Back To Normal! An Exercise In Futility!
By Abdoulie Dibba

The price of bread in Brikama is going through different stages following
the meeting between the Commissioner of Western Division, Modou Lamin
Jobarteh and the bakers with a view to reducing the price of bread. After
this meeting, the bakers decided not to bake, which resulted in a scarcity
of the commodity on The 4th November 2004 as, reported by this paper.
On the 6th November 2004 however, the bakers decided to bake and sell at
the price of 3.00 by drastically reducing the size and weight of the bread,
which consumers complained of bitterly. On Sunday 14th November 2004, the
bakers decided to bake two types of loaves at different prices, i.e. D3.00
and D4.00 respectively.
According to the consumers who I spoke to, they generally indicated that it
is better to leave the price of bread at D4.00 because any attempt to force
the bakers to reduce the price of bread will lead them to reduce the size
and weight as already experienced in the past few days.
A baker told this reporter on condition of anonymity that the attempt to
reduce the price of bread will be a vain exercise if it is not linked to
the fundamental issues of market forces affecting the price of flour, which
is imported to the country.

The Paul Commission
By Abdou FB Boye
Wednesday 10th November 2004 sitting
TESTIMONY OF JUNKUNG BAYO

Testifying before the Paul Commission, the former General Manager of the
Central Bank of The Gambia, Mr. Junkung Bayo said that by July 1994 he was
the Internal Audit Manager; that between the 11th of October 1994 - the
15th October 1998 he was the General Manager; that when he retired in 1998
to date he is engaged in small farming activities and has a restaurant at
Manjai Kunda; that as Internal Audit Manager, he was paid Grade 11 and
Grade 12 as General Manager; that as General Manager he was paid D6, 688.80
per month. Mr. Bayo admitted sitting to the IBAS board meetings as Chairman
for nothing more than one year and received D300.00 per sitting in 1994
before his General Manager position.
Continuing his testimony, Mr. Bayo said that he receives rents from his
Manjai Kunda and Kotu Layout property at D80, 000.00 per annum. Mr. Bayo
denied selling any property or land during his tenure of office; that he
has a farmland at Bata Kunku in Tujereng; that in 1997 he earned D10,
000.00 from his farmland.
The former CBG General Manager said that in 1996 he sold one of his old
Mercedes Benz at D25, 000; that he does not have any share from any bank or
company and does not engage in treasury bills. He admitted having a fixed
deposit account at the Standard Chartered Bank (SCBG) when he was a
student. Mr. Bayo acknowledged benefiting from a car loan at the Central
Bank in 1998 at about D150 - 154, 000.00 which he is still servicing. He
further said that when he was leaving the Bank he was paid gratuity of
D201, 956.00 and D138, 134.00 by the Social Security. Asked why he didn't
pay the Bank when he was leaving since he could have done it, Mr. Bayo
replied, "It was not my wish to do so." He admitted making 20 - 25 %
savings from his official trips per diems. Mr. Bayo denied maintaining
anybody's education outside the country but that he maintains those in The
Gambia during his tenure of office. He was given a piece of paper to write
down his children's names, schools they attend and fees paid per term,
which he did. Mr. Bayo revealed to the commission that his wife was working
at the Standard Chartered Bank as Manager, Banjul Branch; but that she is
now the General Manager of First International Bank (FIB). Mr. Bayo told
the commission that in 1993 he purchased a freehold uncompleted building in
his hometown (Kaur) from one Mr. Basiru Trawally of Farafenni at D18,
800.00 and spent D20, 000.00 and completed the building in 1994 prior to
his last position. He also said he bought a freehold property at Sotokoi at
D20, 000.00 in 1986; that in 2000 he bought a pickup at D100, 000.00.
The former Central Bank General Manager said he received his salary through
his current account at Standard Chartered Bank.
Mr. Bayo admitted opening an offshore account in 1996 but denied any cross
banking service between him and his wife's account. Mr. Bayo denied any
allegation against him on the awarding of contracts. He also denied 38, 000
Pounds being paid to his offshore account from a British bank called
Midland Bank (HSBC). Asked by the Chairman how a Briton, Mr. Tony Williams
knew and put 38, 000 Pounds into his (Bayo's) account, he replied: "I might
have given Tony a cheque for him (Williams) to buy something for me
(Bayo)." Mr. Bayo further explained that when he was informed by the bank
that somebody withdrew 400 Pounds, he found out that the money was
withdrawn by Tony Williams; that he then instructed Mr. Williams to pay
back the money. He added that his credit card got lost; that when the
incident happened he (Bayo) did not change his signature, but cancelled the
credit card. He said his highest statement balance he ever saw was 18
Pounds. He further told the commission that he once had a foreign currency
savings and investment account offshore. Mr. Bayo said that the Dollar
savings and offshore accounts are in his name; that he does not own it;
that the accounts belong to one Anna Jatta.

TESTIMONY OF ANSUMANA TRAWALLY

The second witness to testify was Mr. Ansumana Trawally who said that by
July 1994 he was Principal Collector; that from 1997 - 1998 he was Senior
Collector and earned over D2, 000 and D5, 800 as overtime; that as
Principal Collector he received Grade 10 salary and D6, 800.00 as overtime;
that since 1984 he has been receiving D1, 000.00 as rent from his property
in Latrikunda which he acquired in 1981 and developed between 1982 - 85. He
also said that he was entrusted with a property by his nephew by the name
Ebrima Janko Trawally of Jola Kunda.
Continuing his testimony Mr. Trawally said he bought a Renault 19. He
denied having any property in Bijilo and a Mercedes Benz 190.
Thursday 11th November 2004 sitting

TESTIMONY OF TAMSIR DEMBA MBYE

Appearing before the Paul Commission was Mr. Tamsir Demba Mbye who said
that by July 1994 he was Commissioner of Lower River Division; that a month
later he was appointed Permanent Secretary, Office of the AFPRC Chairman;
that from October 1998 to November 1999 he was the Secretary General and
Head of the Civil Service on contract; that as Commissioner he was paid
Grade 11; that as Permanent Secretary, Office of the AFPRC Chairman, he was
paid D6, 000.00 net salary per month; that as Secretary General and Head of
the Civil Service he was paid D13, 000.00 net salary per month. Mr. Mbye
said that when he retired he was paid his gratuity but could not remember
how much. He also acknowledged sitting to the Public Service Commission,
GCAA, GIA, GPTC, GPA and GIPFZA boards as member and was receiving D500.00
per month as sitting allowance from all these boards.
Mr. Mbye said that he is engaged in a fish project in Tanji since he
retired in 1999. He acknowledged travelling frequently when he was in
office and that he made savings from official per diems; that in 1997 he
purchased his Tanji property at D12, 000.00 which was leased in 2000. He
said he spent D20, 000.00 to fence his Tanji property; that he finished his
Fajara property in 1994 when he was deployed from Mansakonko to PS, AFPRC
Chairman's office. He also said that when he retired he bought a private
vehicle. He further said he only banks with Standard Chartered Bank and
denied having any offshore account even when he was a student. Mr. Mbye
denied any cross banking system between him and his wife's account. Asked
whether he has ever benefited from a loan he answered in the positive
adding that, "As we speak right now I am clean."
Continuing his testimony the former Head of the Civil Service told the
commission that during his tenure he never received or lodged queries from
anybody for missing government funds.
He also added that this is the first time he is appearing before a
commission and he (Mbye) commended the commission for what he called a good
job they are doing. In reply the Chairman of the commission told him that
though this is his (Mbye's) first time of appearing, he has done quite
well. He (Paul) added that they as commissioners are always pleased with
those who willingly answer their questions. He (Paul) further said this is
a step that all Gambians should appreciate for the sake of accountability,
probity and transparency.

TESTIMONY OF BABOUCARR D. K. LOUM

The second witness to testify was Mr. Baboucarr D. K. Loum who said that
between July 1994 and December 1998 he was Assistant Collector; that
between 1998 - 2000 he was promoted to Collector; that between 2000 - 2002
he was promoted to Senior Collector; that in 2002 he was promoted to
Principal Collector. Mr. Loum said that as a Collector he was receiving
about D2, 000.00; that as Senior Collector he was receiving D3, 000.00 plus
D200.00 as car allowance; that as Principal Collector he is paid Grade 10
salary.
Mr. Loum was given a piece of paper by Mrs. Jainaba Bah - Sambou to write
down his children's names, schools they attend and fees paid per term,
which he did. Mr. Loum said before 1994 he was given a property and car;
that his mother's property was confiscated to the State by a Commission of
Inquiry and in 2002 the property was returned to him by the AMRC; that the
property is situated at Faji Kunda whilst his mother's property was at
Tallinding Kunjang and that she (mother) acquired it in the 80s. He denied
engaging in farming activities.
Continuing his testimony Mr. Loum told the commission that his younger
brother who is reading in the US has entrusted his (brother's) Sukuta
Sanchaba property, which he Alasan Loum (brother) bought at D50, 000.00.
Mr. Loum further said he bought a Mercedes Benz 190 at D38, 000.00. Mr.
Loum denied making any personal contribution towards the purchase of his
wife's Suzuki Jeep worth D45, 000.00. He added that he does know the source
of the wife's income stating the money was given to her by her brother who
is also residing abroad.
Mr. Loum revealed to the commission that he has a current account at the
International Bank for Commerce (IBC); that his IBC account is where he
receives his salary. Asked when he opened his SCB accounts, he replied, "My
lord can you please give me time to find it out." He denied having any
cross banking system between and his spouse's account; that in 1994 he took
a loan of D6, 000.00 from IBC which he said he has already paid. Mr. Loum
acknowledged traveling officially once and that one was in 2004, but was
not paid. He added that he followed the matter until he was retired now. He
finally told the commission that he is currently posted at Amdalai as the
Head of Customs Department there.


CHAIRMAN MKAC REFUTES NAWEC CLAIM OF D6M ARREARS
By Yaya Dampha

Readers could recall that FOROYAA had earlier on published reports that
Mansakonko Area Council owed six million to NAWEC and that NAWEC was to
engaged in massive street taps disconnection exercise. It was also reported
that the council had not been paying their bills. So in light of this
FOROYAA decided to approach the chairman of Mansakonko Area Council Mr.
Wally Sanneh and asked him for his council's efforts in settling part of
the debt in order to prevent the disconnection of the street taps on which
the poor rely. This is what he had to say: "You see NAWEC is trying to
dodge blame so they try to stain councils for their poor Management.
Because since I took office we found a debt owed to NAWEC. So we had an
agreement that every January we will be paying D200,000 and this we are
honouring. But since then NAWEC has never given accurate bills. All their
bills are estimates. But even there it is far below that figure; NAWEC is
not fair with the councils".
He said always when NAWEC knows that they are short, all that they do is to
dump all their blame on bad debtors. Mr. Sanneh promised that his council
is coming up with plans to settle their debt with NAWEC but stressed that
it is far below six million. When I contacted the management at Soma NAWEC
on what the chairman had said an insider emphasised that their bills are
very accurate. Saying: "If a particular meter is read for six times showing
the same reading and that meter becomes dark and invisible, you have to
estimate it from the last readings."
On the actual amount of money that the council owes I was referred to the
commercial officer of NAWEC, Mr. Jallow who they thought would be in a
position to give the exact figure. When I contacted the said Mr. Jallow on
phone he also referred me to the Director who could not be reached.

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