Foroyaa Newspaper Burning Issue
Issue N0.100/2006, 15-16 November, 2006
Editorial
THE NEXT NATIONAL ASSEMBLY
What will be the composition of the next National Assembly? Will it be the
same as the last one – a rubber stamp parliament?
The state is composed of the three arms, the Executive, the Legislature and
the Judiciary. In a democracy each of these arms checks on each other to
pre-empt the abuse of power.
The Executive formulates policies, drafts laws, collects revenues, etc, to
enable it to implement those policies. Some believe that a good National
Assembly is one that supports the Executive in its endeavours irrespective of
whether they are good or bad.
The National Assembly is a law making body; it makes law jointly with the
executive. Before a bill becomes law, it must first be passed by the National
Assembly. It becomes law a soon as it is assented to by the president within
thirty days.
The president may, instead of assenting to a bill, return the bill to the
National Assembly requesting the National Assembly to make certain changes. If
two thirds of a quorum of the National Assembly insists that the Bill becomes
law they can return it to the president and he will be obliged to assent to
it within thirty days.
Such is the power of the National Assembly. It can also scrutinize
secretaries of state and Departments of State and other public institutions who are
duty bound to subject themselves to any inquiry or investigation conducted by
the National Assembly.
What the National Assembly needs are not people who blindly support any law
or motion presented at the National Assembly but sincere personalities who
can decipher policies, programmes, agreements, etc, that will serve the
national interest.
Indeed section 112 paragraph (b) of the constitution states: “All members
shall regard themselves as servants of the people of The Gambia, desist from
any conduct by which they seek improperly to enrich themselves or alienate
themselves from the people, and shall discharge their duties and functions in the
interest of the nation as a whole and in doing so shall be influenced y the
dictates of conscience and the national interest.”
NURU SECKA AND BAMBA MANNEH RELEASED ON BAIL
By Yaya Dampha
Reliable sources close to the National Intelligence Agency (NIA) informed
this reporter that the two detained NIA officers in the persons of Nuru Secka
and Bamba Manneh were released on bail last weekend.
Messrs. Secka and Manneh were first arrested in June following the escape of
Major Kalifa Bajinka who fled to Dakar. They were later released and
rearrested at the premises of the Independent Electoral Commission during the
nomination of candidates for the September 22 Presidential election.
According to sources close to the Police, the released NIA officers are
asked to be reporting to the Police headquarters daily.
BUNJA DARBOE AND CO TRIAL
Testimony of Wassa’ Wife and Brother
By Fabakary B. Ceesay
Yai Darboe, the wife of Captain Wassa Camara has testified in the ongoing
court martial at the Yundum Barracks on Saturday, 11th October 2006.
Mrs. Camara told the court that when she visited her husband at Mile Two
Prison after his arrest, he noticed some changes on him. She said she then told
her husband that she is not happy about his appearance. She said her husband
told her that he is not feeling well. She said she noticed wounds on his
sides and forehead and that ink was applied on the wounds. She said she also
noticed that the left side of his head was swollen. She said she then asked him
whether that is his only complain. She said he also complained of back pain,
chest pain, ribs, waist and legs. Mrs. Camara pointed out that, her husband
has informed her that he was taken to the hospital. She noted that Wassa also
informed her that his medical prescription papers are with a prison medic
officer call Wharf. She added that her husband told her that the prison medic
(Wharf) will give her the papers to buy the drugs that were prescribed for him.
She said, after the visit, she met one Tamba at the guard room, Tamba told her
that, Wharf has dropped a paper for her, she said after taking the paper,
she left for Serrekunda and handed the paper to Wassa’s brother, Alassana Boto
Camara, to buy the drugs. She told the court that during her visit to her
husband, he told her that he sustained the injuries as a result of beatings, but
he did not tell her the people that beat him and at which place he was
beaten. Mrs. Camara admitted that she did not ask him which hospital he was taken
to. She concluded that she is sure that her husband brother had bought the
drugs.
Testimony of Alassana Boto Camara
Testifying before the court martial one Alassana Boto Camara testified that,
his father and Captain Wassa Camara’s father are from the same mother and
father. He said he know that Wassa is in Mile Two Prison for about seven (7)
months now. He said that on a particular date after closing from work, captain
Camara’s wife, Yai Darboe, gave him a medical prescription paper and she
asked him to buy the medicines prescribed on it. He said he went to a lot of drug
stores, but was unable to buy the prescribed drugs because the writings on
the prescription paper were difficult to read. He said he then decided to go
back to Mile Two and upon his arrival there, he met one Tamba on duty and
explained the problem he faced regarding the prescription paper. He pointed out
that Tamba then came back with another short guy who rewrite the prescribed
drugs and then he left for Banjul Pharmacy to buy the drugs. He said he then
bought the drugs at the pharmacy and headed back to Mile Two Prison. He said
upon his arrival there, the people at the reception checked the drugs, enter it
on their book and he then signed and left. He said that he is sure that his
brother has received the drugs.
TREASON SUSPECT APPEARS IN COURT
By Fabakary B. Ceesay
Abdoulie Sonko who is accused of taking part in the military assault on the
Farrafenni Army Barracks in 1996, on Monday 13th November, appeared before
Justice Monageng at the High Court in Banjul.
Sonko informed the honourable court that he had received information that
his counsel Mai Fatty, has traveled. He added Fatty has asked him to find
another lawyer. He said he does not want a state sponsored lawyer. He said his
family is searching a lawyer for him. The case is adjourned to 30th November
2006.
Abdoulie Sonko is charged with difference counts of murder and treason. The
attack on the Farrafenni Military Barracks has left some soldiers dead.
CONCEALMENT CASE ADJOURNED
By Fabakary B. Ceesay
The concealment case involving Hamadi Sowe and the state continued at the
High Court in Banjul. The case was called before Justice Monageng on Tuesday
14th November 2006.
The state counsel Merly Wood told the court that they are unable to file the
intended notice of discontinuation due to circumstances beyond their
control. She said the notice is to be signed by the Director of Public Prosecutions
(DPP). She later applied for the case to be adjourned. She said they are
confident that before the next adjourned date, the said document would be
presented to the court. The case is adjourned to 30th November 2006.
IN PA SALLAH JENG’S CASE
LAWYER CAMARA CROSS-EXAMINES EX-BCC CEO
Lawyer Lamin S. Camara, the leading defence counsel for the suspended lord
mayor of Banjul, on Monday, November 13, continued his cross-examination of
the ex-Chief Executive Officer of the Banjul City Council (BCC). Mr. Abdul
Fatah Othman. The suspended mayor. Mr. Pa Sallah Jeng, is facing six counts of
criminal offences before Hon. Justice S. Monageng of the criminal division of
the high court in Banjul. He had since pleaded not quilt)’ to all the offences
charged.
Continuing his cross-examination of Othman (PW4), lawyer Camara asked him
about the cost of the three compactors purchased, and Othman also identified a
letter he (Othman) wrote to the Director General of the Gambia Public
Procurement Authority (GPPA) seeking clearance to purchase the garbage trucks
(compactors). He admitted that the proposal for the sale of the said trucks were
brought before the council on the 25th of September 2003, and he wrote his
letter on November 5, 2003. In replying to a further question from Camara. Othman
admitted that there was need for the trucks at the time. He also
acknowledged that. Jeng’s directive written on November 6, 2003 was given after council
had approved to buy the trucks. When shown exhibit. P11 ©. Othman admitted
that his signature is on it, and that of the senior accounting officer and the
treasurer. But he said Jeng’s signature was not on the document. Asked where
are the garbage trucks right now, the witness said he did not know. He also
testified that the 25KVA generator brought by Jeng, was been used free-of
charge, and he also admitted that there was a great need for a generator. He also
told the court that Jeng did not sign the payment voucher (exhibit P 12),
and he also said there was no directive given by the accused on the payment
voucher. When referred to the minutes stating: Take appropriate action as
directed by the mayor’. Othman said that was written by him (Othman). Asked whether
there was any directive of Jeng on exhibits P12D, the witness answered in
the negative. Camara added: Mr Othnmn I’m putting it to you that, thee is no
written directive on any of these exhibits, for payment?’ He answered’ yes”.
The case was there upon adjourned to 5th and 6thi December 2006, for
continuation of Camara’s cross-examination of the witness. Representing the state
was the Acting Deputy Director of Prosecutions, Mrs. Marie Same- Firdaus.
Lawyer Camara was assisted by lawyer Mrs. Neneh Cham-Chongan
HUMAN DEVELOPMENT REPORT LAUNCHING
By Annia Gaye
The Vice President, Isatou Njie Saidy is of the opinion that The Gambia
needs a critical mass of well trained and motivated men and women in the public
or civil service, private sector, civil society and informal sector to take
the country forward.
The Vice President made this statement while launching the National Human
Development Report for 2005 at the Kariaba Beach Hotel on Tuesday.
“The 2005 National Human Development Report as has been shown in several
sectoral studies, highlighted some of the reasons for low capacity retention in
the civil service, including;
1. Low remuneration compared to the public international agencies;
2. Low or lack of enforcement of established rules and regulations
(in relation to appointments promotions, dismissals, bonding, etc) and
3. Relatively high attrition rate. The Report also offers a
number of recommendations for addressing the concerns raised as they relate to the
various sectors,” she remarked.
She pointed out that The Gambia government and its development partners have
cone to realize that education and training alone are not sufficient to see
the kinds of productivity and efficiency gains that are required.
She remarked, “the question that arises relates to how best we can utilize,
compensate and retain the capacity that is being built. Therefore unless and
until an attempt is made to address these concerns in a more holistic less
piece meal manner, we will continue to confront considerable constraints in
meeting our long term development objectives, including the eight Millennium
Development Goals.”
Dr Fadzai Gwarad Zimba, the UN Resident Coordinator of the Un system in The
Gambia, said the Human Development Report is UNDP’s global flagship product
for advocating economic and social change and development that expands and
enlarges people’s choices and opportunities. He posited that capacity
development and enlarging people’s choices are inextricably linked.
He said, “in adopting concrete and measurable set of development goals and
indicators, states and non-state actors alike-as in the case of The Gambia
have pledged themselves not only to accelerate national development efforts but
also to adopt a result driven accountability compact as it were both national
and global levels. Countries have also committed themselves to working in
partnership at local, national and international levels. There is no doubt that
strong and durable partnerships and the scaling of development assistance is
critical if the MDGs are to be achieved by 2015. But equally important is
that this increase in resources be translated into concrete outcomes,
significantly the increase in human development and reduction in poverty.”
He said the findings of the Human Development Report point out some of the
limitations in The Gambia and suggest that the ability to monitor progress of
development goals, including MDGs, will largely depend on the country’s
ability to build national capacity within the government, civil society,
traditional and private sectors to design, implement and monitor polices.
He posited, “The report also indicates that the path toward 2015 will be a
bumpy one for all sectors of society in The Gambia. While donors and
international organizations have committed resources to building capacity within a
number of key institutions, the Report notes that results have been far from
optimal and greater coordination of resources to build local capacity is
required to help effective policy implementation and monitoring.”
ANTOUMAN GAYE CROSS EXAMINES AUGUSTUS PROM
By Fabakary B. Ceesay
Mr. Augustus Prom, the Chairman of the Board of Directors at The Gambia
Civil Aviation Authority, has testified before justice Monageng on Monday 13th
October 2006. The defense counsel, Antouman Gaye, informed the court that, the
documents that are needed from the NIA have been found and he wanted to tend
it as exhibits. He said that it was mentioned in court that the documents
should be produced. In her intervention, the state counsel, Marie Saine Firdaus,
objected to the tendering of the documents. She argued that the defense did
not lay the foundation to show that the witness is the maker of the
documents. Mr. Gaye said that they couldn’t bring the entire committee member to court
and ask them who draw the documents. Justice Monageng ruled that she found
nothing wrong about the documents being tendered in order to cross examine the
witness in a proper way. The documents were tendered and marked as exhibits.
The documents were showed to the witness and he said he recognised them. He
said the documents were the minutes of the second meeting of the board on the
3rd November 2003 at the directress’s office. He admitted that, his name is
on the document and it also contains his signature and that of the Secretary
General. At this Juncture, the documents were then marked as exhibits D1, D2,
and D3. Mr. Prom added that exhibit D1 has mentioned about the
rehabilitation of the residence of the Manager. He said the document talks about the need
to spend D2.5 Million on rehabilitation and that it should have continued
until 2005. He said D5.5 Million was budgeted for the rehabilitation and
renovation of the places.
Mr Gaye asked him whether the budgets must have been approved by the board.
Mr. Prom replied that exhibits D1 states that the budget has been approved
and highlighted by the board of directors. The defense also tendered a bundle
of documents. The prosecution argued that the document has some missing
papers. Mr. Prom said that the statement did not come to the board and that he
never saw it himself. “What they brought to the board is the budget performances.”
Mr Gaye put it to him that the defense has evidence that the board has seen
the document. “It has been brought to us in a different form, but not this
one specifically,” Mr. Prom said.
Counsel Gaye finally asked Mr. Prom whether Maimuna Taal did not do well and
whether she was a good directress. Mr. Prom replied that Maimuna has done
extremely well and that she was a very good directress general. The Case is
adjourned to the 20th December 2006.
KEMO JAWO IN COURT FOR OBTAINING MONEY BY FALSE PRETENCE
By Modou Jonga
One Kemo Jawo was on Tuesday arraigned in court for allegedly obtaining an
amount of D133, 00 by false pretence from one Jubo Bah. His act is purported
to be in contravention of section 288 of the Criminal Code. The alleged act is
said to have happened in 2005 at Jalanbang in Western Division. Testifying
before the honourable court, Jubo Bah, the complainant said in the year 2005,
the accused told him that he will sell a vehicle (Man Truck-Ten Wheels) to
him. The complainant said an amount of D600, 000.00 was charged by the accused
for the said vehicle, and that he (the complainant) was to make a prepayment
of D125, 000.00 to the accused. The complainant said he made a prepayment of
D133, 000.00 to the accused person in two instalments. The complainant told
the court that receipts were given to him by the accused.
The complainant told the court that he has not seen the said vehicle, but
admitted that he has seen the vehicle in a picture shown to him by the accused.
He said he made several attempts to get the vehicle from the accused, but
the later failed to produce the vehicle. The receipts for the two instalments
and the picture of the said vehicle were tendered and marked as exhibits. He
said he reported the matter to the police after the accused failed to produce
the vehicle. The accused was granted bail in the sum of D200,000 and that his
surely must be a Gambian resident in Western Division. The case is adjourned
to Monday, 17th November 2006.
THE GOOD, THE BAD AND THE GREEDY
If you took a quarter century worth of His Excellencies the African leader
and toss them in a blender, you would come up with a Big Man who looks like
this:
His face is on the money. His photograph hangs in every office in his realm.
His ministers wear gold pins with tiny photographs of him on the lapels of
their tailored pin-stripped suits. He names streets, football stadiums,
hospitals and universities after himself. He carries a silver-inlaid ivory mace or
an ornately carved walking stick or a fly whisk of a chiefly stool. He
insists on being called “doctor” or “conqueror” or “teacher” of “the big elephant
” or “the number-one peasant” or “the wise old man” or “the national
miracle” or “the most popular leader in the world.” His every pronouncement is
reported on the front page. He sleeps with the wives and daughters of powerful
men in his government. He shuffles ministers without warning, paralyzing
policy decisions as he undercuts pretenders to his throne. He scapegoats
minorities to shore up popular support. He bans all political parties except the one
he controls. He rigs elections. He emasculates the courts. He cows the press.
He stifles academia. He goes to church.
His off-the-cuff remarks have the power of law. He demands thunderous
applause from the legislature when ordering far-reaching changes in the
constitution. He blesses his home region with highways, schools, hospitals, housing
projects, irrigation schemes, and a presidential mansion. He packs the civil
service with his tribesmen. He awards uncompetitive, overpriced contracts to
foreign companies which grant him, his family, and his associates large
kickbacks. He manipulates price and imports controls to weaken profitable businesses
and leave them vulnerable to take over at bargain prices by his business
associates. He affects a commitment to free-market economic reform to secure
multi-million dollar loans and grants from the World Bank and International
Monetary Fund. He espouses the political philosophy of whatever foreign government
gives him the most money.
He is – and he makes sure that he is known to be – the richest man in the
country. He buys off rivals by passing out envelopes of cash or important
licenses or government land. He questions the patriotism of the few he cannot
buy, accusing them of corruption or charging them with “serving foreign
ministers.” His enemies are harassed by “youth wingers” from the ruling party. His
enemies are detained or exiled, humiliated of bankrupted, tortured or killed.
He uses the resources of the state to feed a cult of personality that defines
him as incorruptible, all-knowing, physically strong, courageous in battle,
sexually potent, and kind to children. His cult equates his personal
well-being of the state. His rule has one overriding goal: to perpetuate his reign as
Big Man.
Judged by this single criterion – long-term survival – personal rule has
betrayed Africa’s leaders. It is, harmful to their health. There have been
atleast seventy successful coups in Sub-Saharan Africa since 1957. Only one
country, the Ivory Coast, has not had a coup attempt. Governments in two
countries, Ghana and Benin, have been toppled five times each. There have been six
coups in Nigeria. Excepting four civilian presidents who chose to retire and a
handful who were lucky enough to die in office of noncoup causes, all the
others have been assassinated, jailed, or exiled.
Judged more broadly, personal rule has betrayed Africa. More than one
hundred and fifty leaders, many of them “President for Life,” have come and gone
as the continent has been sucked downward in a spiral of declining per capita
food production and unpayable foreign debt, of civil war and rampant
corruption. Africa was poorer at the end of the 1980s than it was when Big Men first
usurped the authority of tribal chiefs and welded it to the power of the
modern nation-state. The worst rot has been in institutions directly under the
Big Man’s thumb, such as courts, legislatures, the civil service and
universities.
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