Foroyaa Newspaper Burning Issues
Issue No. 93/2004, 25-28 November, 2004

EDITORIAL:
THE PRESIDENT SHOULD RENDER ACCOUNT

Many arrests have been effected and the Chief of Foni Kansala, Momodou
Lamin Nyassi as well as the National Assembly member for Foni Kansala,
Kawsu Gibba are expected to appear before the High Court today to answer
charges of stealing one hundred bags of APRC rice. According to an
announcement on the national radio APRC rice is available for sale
throughout the country. Responsibility for sale is given to the Chiefs
while the Commander of the State Guards is responsible for transportation
of the rice. Civil servants are to indicate the number of bags of rice that
they need to their various heads to enable them to purchase the rice. The
rice is to be sold at a price of D425.00 (four hundred and twenty five
Dalasis) per bag nearer to Banjul and D450.00 (four hundred and fifty
Dalasis) per bag further upriver.

The rice is part of a consignment of 15, 000 tonnes of rice which was
imported recently and which the President indicated is part of his
Operation No Compromise. Whereas certain individuals are to face trial for
allegedly stealing the President is yet to explain to the nation how he got
this rice. The total value of the 15, 000 tonnes of rice is D127.5 million.
The President has a lot to explain. First, he has to explain whether the
rice belongs to him personally. Secondly, he has to explain whether he
bought it on credit or by paying ready cash. If the latter is the case he
will also have to explain where he got the money from. Thirdly, he has to
explain whether or not he paid import duty. We had been in touch with the
Department of State for Trade but we were informed upon inquiry that the
process of unloading the rice was still on and until that was ready they
could not comment on the issue of payment of import duty. We will continue
with our investigation.

Needless to say, the type of government that is envisaged by the
constitution is one that is transparent and accountable to the people. It
is stated in the preamble of the constitution that, “This constitution
provides for us a fundamental law which affirms our commitment to freedom,
justice, probity and accountability.”

Furthermore, it must be emphasized again that the role of a president is
not one of giving charity but providing the conducive environment for the
economic empowerment of the people so that they can have means of
livelihood for eternity.

TRIAL OF DARBOE AND CO
Sitting of Monday 21/11/04
By Surakata Danso

The murder trial of the UDP leader, Lawyer Ousainou Darboe and four others
accused of murdering Alieu Njie, an APRC member in 2001 resumed hearing on
Monday 21st November 2004 before Justice Tahir at the High Court with the
third prosecution witness, Demba Camara testifying.

Testimony of Demba Camara

Mr. Camara, who claimed to hail from Badari in Tumana District, said he is
a farmer, a member of APRC and the defunct 22nd July Movement. Mr. Camara
further indicated that on the 17th May 2001 his group, which was led by
Alh. Omar Sowe, Banta Jabbie, Abdoulie Jallow, Matty Sowe, Fatou Sanneh and
himself were set for a sensitization on the use of tractors issued by
President Jammeh; that they started from Dingiri to Badari and then to
Kulari, their final destination. He further indicated that from Kulari they
were set to go back to Basse; that as they passed the refugee camp at
Kundam, on approaching Chamoi Bridge they met a convoy of the UDP party
coming from the Basse end; that he could not say how many people were in
the convoy.

Mr. Camara said the UDP convoy blocked them. The proceedings then were thus:
Q: Then…..what happened?
A: Lawyer Darboe disembarked from his vehicle and told his people “kill
them”; that he will defend it in court; that they too disembarked.
Q: Did you all come out of your vehicle?
A: No.
Q: Who and who came out of the vehicle?
A: Myself, Omar Sowe, Banta Jabbie, Abdoulie Jallow and Fatou Sanneh.
Q: Who are those who remained in the vehicle?
A: Matty Sowe and Alieu Njie, the driver.
Q: Then what happened?
A: They attacked us.
Q: What did you do when you were attacked?
A: We ran into the forest. Then Alieu Njie followed us with the vehicle.
Q: As you ran into the bush what happened?
A: While running I looked behind. I saw a tall man stabbing Alieu Njie.
Q: Is the tall man here in court?
A: Yes.
Q: Can you show him to the court?
A: The witness pointed to Rilwan, the bodyguard of Darboe.
Q: How many times did you see him stab Alieu Njie?
A: I only saw two stab marks on him.
Q: (Judge) So you did not see him stab Alieu Njie?
A: Yes, I saw him stabbing him.
Q: Where did you see him stabbing him?
A: On the side of his neck and below the side.
Q: When you saw Alieu Njie stabbed what did you do?
A: I had wanted to help him but I could not as they were beating us.
Q: So what happened later?
A: I was caught and taken to Basse Police Station.
Q: At that stage where was Alieu Njie?
A: I saw him lying by the roadside.
Q: What happened to your pick-up vehicle?
A: It was burnt by the UDP members.
Q: What happened at Basse?
A: We were taken to the health centre by the police.
Q: Why?
A: Because I was wounded.
Q: What wounded you?
A: I was wounded with an iron bar.
Q: Do you know who wounded you?
A: No I would not know.
Q: What then happened at the health center?
A: I was treated and given some medication. I was taken back to the station
where I gave evidence.

CROSS EXAMINATION BY MRS. R. MENDY

Q: Did you say that your group was led by Omar Sowe?
A: The witness Demba Camara answered in the affirmative.
Q: How many of you did you say was in your group of sensitization?
A: We were 7 in number.
Q: Mr. Camara would you not be surprised to know that Omar Sowe who was
responsible for the group had told the court that your group was only five
members.
A: Anyway what I know is that we were seven in number.
Q: Did you also say that when you were attacked Alieu Njie, the driver
drove into the bush with one Matty Sowe on board?
A: The witness again answered in the positive.
Q: Mr. Camara you and Alieu Njie who first ran into the bush?
A: We both took the action of running at the same time.
Q: Who was in front? You or Alieu Njie with the vehicle?
A: I was in front. (Laughter by the audience)
Q: Did you make a statement at the police?
A: Yes.
Q: When was this?
A: On the 17th.
Q: Did you not say in your statement at the police, that Alieu Njie first
drove with Matty Sowe into the bush and that you followed them?
A: No I did not say that. I said I was leading.
At this stage, Mrs. Mendy tendered a copy of the statement of the witness
dated 19th June 2001. It was not objected to and it was admitted and marked
as Exhibit 4. Mrs. Mendy then went forward to read a portion of the
witness’ own statement to him. (When Alieu Njie drove into the bush with
Matty Sowe on board with him and Demba Camara following; he (Demba Camara)
overheard Dembo Bojang and Mbemba Tambedou saying to the members of the
convoy, “Kill them all! Nothing will come of it!”)
Q: Asked did you not say this?
A: No.
Q: Given the statement and asked is this signature not yours?
A: The witness answered yes.
Q: At this point where were the other members of your group?
A: I could not say, I only know about myself.
Q: Do you know who took Alieu to the roadside?
A: I do not know. I only saw him there.
Q: Who else was caught by the UDP members apart from you?
A: Abdoulie Jallow.
Q: Did you also say that Lawyer Darboe told the members of the convoy “Kill
them! I’ll defend it in court!”?
A: Yes.
Q: Finally asked why were you not killed when caught but instead taken to
the police?
A: Yes, I was not killed since if I were killed I would not have been here
today.

CONTINUATION OF CROSS EXAMINATION BY THE SENIOR DEFENCE LAWYER ANTOUMAN GAYE

Q: Do you know why when you were caught you were taken to the Police in
Basse?
A: Because I was involved in a fight with them.
Q: Do you know the work of a lawyer?
A: I am not here for the work of a lawyer.
Q: Do you know that the reason why you are here is part of the work of
lawyers? To try cases through the court process between offenders and
victims?
A: I say I am not here to say the work of lawyers is this or that. When
pressed further the witness said I do not know.
I put it to you that because you are members of APRC you took it upon
yourselves to disrupt the UDP meeting on that day.
A: No.
Q: Did you also say to the court that the convoy also stopped at the bridge
when they were moving, when you met?
A: They were moving.
Q: Do you still stand by your statement here in court that while you were
running that was when you turned around and saw a tall man stabbing Alieu
Njie?
A: Answered in the positive.
Q: Mr. Camara how possible was this for you at that stage during the
fighting with all that commotion when you people were running helter
shelter?
A: Well what I have said is what I know and it is what happened
Q: Pressed with the question further.
A: At that time it would seem difficult to understand all that was going
on.
At this stage Mr. Gaye too read out a portion of Mr. Camara’s statement out
to him which was taken at the Police Station as follows: That after he ran
for some time with Alieu Njie following him with his vehicle in the bush,
he managed to stand at a distance and saw the UDP people struggling with
Alieu in the vehicle and saw a tall man stabbing him; that the man is the
bodyguard of lawyer Darboe.
Q: Did you say this to the police or you stand by what you said here in
court?
A: What I said here is what I know. If they wrote that they just wrote
that, I did not say it.
I put it to you that when you said that Darboe ordered his people to kill
all of you is a blatant lie?
A: What I said is right.
Q: You have identified lawyer Darboe and the tall man. Who else do you
identify here in court?
A: I do not know any other person except these people.
Q: You also mentioned Dembo Bojang (MP) in your statement. Is he here in
court?
A: I do not know Dembo Bojang.
Q: You do not know Dembo Bojang?
A: The witness said yes.
I put it to you that it was your group that infact blocked the road with
stones at the bridge which made the convoy to stop?
A: That is incorrect.
Q: Did you say to the police in your statement that while running you heard
Dembo and Mbemba saying, “Kill them all”?
A: I only heard that of lawyer Darboe.
Q: Did your group go to Julangel on the 17th before you went to Dingirin?
A: I was not part of that group.
Q: Question repeated?
A: I did not go there.
Q: Do you know any member of your group by the name Janga Keita or Jariga
Keita?
A: I do not know him the names I said here are the people I know. A portion
of his statement was again read out to him where he mentioned the same
Jariga Keita.
A: I did not know him I said.

RE-EXAMINATION BY THE PROSECUTOR

Q: Mr. Camara apart from your group were there other groups?
A: Yes
Q: When you went into the bush could you say how far was it from the road?
A: I can’t say that.
The case was adjourned to the 13th of December 2004 due to lack of other
witnesses in the jurisdiction.

SUPREME COURT IN SESSION
CASE ON MEDIA COMMISSION ACT ON MONDAY

The Supreme Court of The Gambia is now in session. On Monday the 29th of
November 2004 it will consider a suit filed by the Gambia Press Union and
four other media executives questioning the constitutionality of the
National Media Commission Act 2002. The National Media Commission Act came
into force on 5th August 2002 but it has always been opposed by the Gambia
Press Union and media executives. It has been seen by many in the media
arena as a tool through which the government intends to muzzle the press.
Apparently due to pressure the government enacted an amendment to the Act
in October 2003 while a suit had already been filed in the Supreme Court by
the GPU and four other media executives.

In their case, the plaintiffs are seeking a declaration that sections 8
(a), 8 (b), 8 (c), 8 (d), 8 (e), 8 (f), 8 (g), 13, 14, 15, 21, 29, 31, 32,
33, 34, 35, 36, 37, 38, 39 and 40 are unconstitutional and made in excess
of legislative authority.

In the interim, the plaintiffs are also seeking an injunction for
restraining the National Media Commission (established under the act) from
registering or attempting to register the plaintiffs and from preventing
the plaintiffs practicing as media practitioners.

During the last session of the Supreme Court the court indicated that it
will consider the case in the following session, which is now. The
situation is very interesting at the moment as the government has indicated
its intention to repeal the National Media Commission Act. It is however
not too clear what it intends to do after repealing the Act, that is
whether it is going to substitute the said act with another act which may
not satisfy the media. Needless to say, the intention of the government is
merely an intention and the fact remains that the National Media Commission
Act is still in force. Apparently media executives may have taken this into
account and this may explain why they have not withdrawn their case. We
will see what developments take place at the hearing on Monday.

For the benefit of the reader section 5 of the constitution makes provision
for any person who alleges that any Act of the National Assembly or
anything done under the authority of an Act of the National Assembly which
contravenes the constitution may bring an action in a court of competent
jurisdiction for a declaration to that effect. The issue before the court
questioning the constitutionality of the act is one of interpretation and
section 127 of the constitution gives the Supreme Court original
jurisdiction to interpret the constitution and to enforce any provision of
the constitution other than those relating to fundamental rights and
freedoms.

JANJANGBUREH GAMTEL OUT OF SERVICE
By Tombong Jadama

The Gamtel Exchange at Janjanbureh is out of service. Reports have it that
the station has not been functioning since during the Ramadan period; that
the only service rendered by the station is faxing messages and the
charging of mobile phones.

According to reports, the main fibre optic cable had a problem, which
caused the damage to the station; but that local Telecentres are operating
normally including certain land phones.

Reports further posited that people find it very difficult to make
international calls through the Telecentre, because of the cost.
When this reporter contacted the operator, he confirmed the story and
indicated that very soon it will start as the matter has already been
reported.

VILLAGERS REACT TO INCREASED CATTLE THEFT
By Yaya Dampha

For almost three years now nearly every other week cattle is stolen from
Jappineh Village. This, according to the village Alkalo, Alhaji Sarjo
Dampha, caused many cattle owners to peg their cattle in their backyards
but yet still cattle thieves follow cattle owners everywhere resulting in a
lot of cattle theft in the area.

Recently, thieves drove two bulls belonging to one Alhaji Bakary Sonko of
Jappineh from his home. His two sons followed the animals in the bush but
could not find a trace of their whereabouts. This prompted the village
elders to call every youth in the village to form vigilante groups that
will be following the cattle in order to protect them from thieves.
Now that the village youths have been organised to protect the cattle Mr.
Sabally Dampha said that he and his group will always be patrolling all the
herds of cattle; that the cattle owners should always be reporting to the
police if their cattle is stolen.

According to some of the villagers if the actual thief is not in town there
must be someone in the village who normally harbours them. Many blame the
cattle owners themselves for being too lenient with their herdsmen some of
whom can collaborate with these thieves.

Some three months ago some of these thieves were caught but when they were
taken to court they were fined less than two thousand Dalasis and they all
paid their fines. Many feel that giving such light fines to cattle thieves
will not stop them from stealing because only one bull can pay for all
three fines. Now that vigilante groups are set many hope that thieves may
soon be caught.

NURSES AT BANSANG THREATEN TO RESIGN
By Tombong Jadama

The protracted impasse involving staff of Bansang hospital and the latter’s
board is far from settling. Information reaching this paper have it that
staff of the hospital have given an ultimatum to the hospital board to meet
their demands, failing which will result to their resignation.

It could be recalled that the staff of the hospital had earlier embarked on
a sit down strike, which paralyzed the hospital for some times.

A source informed this paper that the head of the various units at Bansang
Hospital have recently met the Chief Executive Officer Ebrima Dampha and
the Chief Nursing officer, of the aforesaid institution.

According to the source, they first held discussion with the Chief Nursing
Officer before proceeding to Mr. Dampha. The source said they did remind
the Chief Nursing officer about the issues that triggered their strike
action in the past. The source further said that the board did not honour
its promise, because the positions of the accountant and chief executive
officer are yet to be filled.

According to our source, the nurses no longer trust the board of Bansang
Hospital and the Ministry of Health. The source have it that the nurses are
of the view that the concerned authorities are sticking up for Musa Filli
Jobarteh the ex Chief Executive.

Our source further posited that they did inform the acting Chief Executive
Officer that they will resign if their demands are not met within the next
three months. The source further pointed out that they are professionals in
their field of specialization and could work for other institutions. The
source went in for the Director of Health, Dr. Jobarteh (a member of the
board) and the Secretary of State for Health for failing to address the
situation during the last three months.

The source have it that they did inform the Acting Chief Executive Officer
that they will be proceeding to Banjul to inform the relevant authorities
about the impasse. The source has it that they did inform Dampha that they
would meet President Jammeh if the relevant authorities fail to solve the
problems confronting Bansang Hospital.

Contacted to throw light on the issue, Mr. Dampha said no problem exists at
Bansang Hospital, whilst pointing out that he always holds discussion with
the nurses.

Mr. Dampha said those who applied for the positions in contention do not
meet the criteria. He posited that there is the likelihood that those who
meet the criteria for the positions do not want to go to Bansang Hospital.
He said the board meets regularly to discuss the issue. Mr. Dampha said
they are going to re-advertise the positions again but refused to comment
on whether he is been appointed as the chief executive, as the ultimatum
given to him has expired.

PEOPLE’S CENTRE RECEIVES GUESTS
By Saiba Suso

On Sunday, 21st November 2004 a team of Swedish partners in development
visited the People’s Centre in Churchill’s Town. The purpose of the visit
was to acquaint themselves with the activities of the Centre of which they
have been supportive.

A meeting was held with the Co-ordinator, Mr. Faye Suso, representatives of
various youth groups and development projects and interest groups sponsored
by the Centre.

Mr. Sam Sarr of FOROYAA Newspaper deputized for Mr. Halifa Sallah, the
Director of the Centre. Aji Ndure chaired the meeting.

The Co-ordinator made remarks in which he expressed his sincere delight in
receiving the guests at the Centre and gave a brief history of the Centre
and link, which developed between these development partners and the
People’s Centre. He emphasized that the Centre had since its inception,
embarked on various development programmes at community level based on the
philosophy of popular participation. He stated that the support of their
development partners from Sweden facilitated the work of the Centre. He
expressed the hope that the solidarity would grow from strength to strength
as both partners are bound by the common aspiration of empowering the
marginalized through awareness building.

Sam Sarr of FOROYAA dilated on the three slogans of the Centre – awareness,
empowerment and development. He pointed out that with awareness the people
would know their rights and responsibilities. He stressed the importance of
people knowing themselves, their country and the world in which they live;
otherwise they will continue to grope in the dark and will be subject to
abuse. He noted that awareness is a prerequisite for the empowerment of the
people and that without empowerment meaningful development cannot take
place. He emphasized that development is about people and must involve the
participation of the people. This, he said, is why the Community
Development Initiative (CODI) initiated by the National Assembly member for
Serrekunda Central is a community based organization.

Mr. Sarr revealed that Women for Democracy and Development (WODD) have been
working closely with CODI. He pointed out that WODD has a vision of a
peaceful, tolerant, free, just and prosperous society, which encourages the
equal participation of men and women in securing the maximum liberty and
prosperity to all persons in the country. He added that WODD has the
fundamental mission to conduct civic education, raise awareness, and build
partnership for progress among men and women to enhance mutual liberty and
socio-economic development.

Fatou Janneh, a member of WODD and youth activist articulated the
sufferings of women and their realization of the need for them to empower
themselves through their own efforts, in a poem entitled “Cry Not Woman”
(see Page 6 for the Poem). She pointed out that the discrimination,
marginalization, exploitation and subjugation of women could only remain so
long as women accept the roles and images set for them by a male dominated
society. She explained how the Centre has been working towards the
empowerment of women through awareness building. She stressed the need for
a more just and equitable society. She emphasized that women are not poor
because they are the backbone of development in society. She also
criticized harmful traditional practices such as FGM and other social and
economic problems as early marriage; teenage pregnancy, which she said, can
only be eradicated through education.

Madi Jobarteh, a Civic Educationist and study circle leader indicated that
the Centre serves as an outlet for information dissemination. He said that
it provides knowledge and information, which are not reflected in the
school curriculum; yet they are so vital in demystifying the values
(oppressive) of the dominant class. He revealed that youths are not future
leaders but present leaders, as they play a major role in development. He
said that the Centre, by providing alternative education to youths is
therefore our icon of hope for a brighter future. He informed the meeting
that the Centre has gone as far as filming on salient socio-economic issues
for greater awareness. He revealed, however, that the work of the Study
Circles at the Centre is beset with resource constraints. He stated that
issues such as “Youth Empowerment Against HIV/AIDS” and “Freedom from
Social, Political and Economic Exclusion” which the study groups reflect on
to develop critical awareness are not local problems but global concerns;
and therefore form bases for concerted effort. Hence, solidarity between
different countries in finding solutions to such problems is also a global
necessity.

Mariama Sise, a prominent member of WODD emphasized the need for women
empowerment through critical consciousness if women are to take up a
positive role in socio-economic development not only in The Gambia but also
globally.

Ansumana Dibba, a social worker and study circle leader expressed the need
for the expansion of the study circles to the rural areas. He stated that
there is need to train trainers from the rural areas who can be very
effective in the dissemination of information. He was quick to add that
such expansion would require resources to counter limitations set by
resource deficiency such as lack of mobility and equipment. He emphasized
the need for both life skills and livelihood skills for youths to increase
their awareness in terms of their citizenship reproduction and other rights.
Rosaline, one of the guests from Sweden expressed the group’s satisfaction
with the amount and quality of work they have discovered at the Centre. She
stated that awareness building, as an effective tool for emancipation is an
on-going process and urged the stakeholders to not only continue the good
work but also improve on it with a view to reaching perfection.

Other speakers from the guests included Marilice and Babra who both
expressed their delight and satisfaction with activities of the Centre.
They pledged the group’s continuous support towards the Centre.
Other speakers included Cherno Sallah, Kumba Jeng and a Ghanaian lady from
Farato.

Presentations were made by Patra on behalf of the visiting team. Items
donated included a video camera, audiocassette recorder, videotapes and
reading materials.

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