Foroyaa Newspaper Burning Issues

Issue No. 33/2005, 28-30 April 2005



Editorial

THE GOVERNMENT DOES NOT LISTEN

“Media Government Football Match”

The media is bound by the principle of truth, good faith and the public interest. When the Secretary of State for Communication proposed a football match between the government and the media, prudent voices from the media community indicated that the best way forward is to engage the media in a dialogue on how to create a conducive environment for the operation of media practitioners after the murder of Deyda Hydara, the arson attacks and the enactment of draconian laws that implies that the executive was bent towards vindictiveness in its relation with the media.

A football match was seen to be untimely just as the festive atmosphere created for the students was inappropriate after Deyda’s funeral.

The executive however disregarded the concerns and proceeded to arrange a football match. The few media practitioners who participated have left a record. Any time the cassette is played, people will remember the advice of the prudent media practitioners. The media practitioners may have participated just to show that they are not antagonistic to government. However, in the eyes of all reasonable human beings, the media have nothing to celebrate. What it needs is a sensitive and caring government which enhances rather than hinders press freedom.

The government should follow events in Sierra Leone where the laws they considered inadequate are being challenged for being too draconian.



Halifa On NADD

Foroyaa: People are wondering what has happened to NADD

Halifa: According to section 60 of the constitution only a political party registered under the election laws of the Gambia can sponsor candidates for public elections. Even though, we had signed a memorandum of understanding and agreed on a code of conduct we had to register an umbrella party, to give NADD the authority to put up candidates. We had to prepare and agree on the text of the constitution before submitting the documents to the IEC for registration.

Foroyaa: It has been announced that NADD is registered as a political party.

Halifa: Yes, The Alliance was registered as a political entity on 25th April, 2005 so that candidates can contest elections under its name. The National Alliance for Democracy and Development, NADD has grey as its colour, the right hand with the index finger pointing upwards as its symbol signifying National Unity without any discrimination to sex, tribe, or language, grouping, religion or place of origin. The motto of NADD is Unity, Democracy and Development.

Foroyaa: Does this mean that all the other parties are dead?

Halifa: NADD is a party of political parties. Article 5 of NADD’s constitution reads; “All opposition parties who are signatories to the memorandum of understanding of NADD shall automatically be the members of NADD under the constitution.”

Opposition parties which are not signatories may become members by signing the memorandum of understanding. Associations and organisations can also become associate members if they sign the memorandum of understanding. Hence, NADD cannot exist without the existence of its member parties.

Foroyaa: What then is the relation between the member parties and NADD?

Halifa: All those parties who have subscribed to its registration will now contest presidential, National assembly and local government elections under NADD ticket. They will all agree to one candidate for all elections.

Foroyaa: Since the parties will remain registered could a party defy NADD and put up its own candidate?

Halifa: A party would have to revoke its membership of the Alliance to be able to contest elections in its own name.

Foroyaa: When is the launching of the Alliance?

Halifa: We were simply waiting for the registration. We have located the headquarters of the Alliance. We have prepared an organogram, regarding administration. The headquarters will have three units; that is finance and administration; information, civil, political education and logistics unit, and programmes unit. We are to create branches in all the seven administrative areas.

Foroyaa: You have still not said anything about the launching which everyone is waiting for.

Halifa: We have already scheduled a date. However, there is need to prepare the logistics before announcement. Everything will be clear before 30th April, 2005.

Foroyaa: Don’t you think you are off target.

Halifa: We are proceeding in a very systematic manner. Even though people have every right to demand that we speed up the process.

Foroyaa: Can you explain further what you have been doing all this period.

Halifa: We promised to prepare four fundamental documents for the Alliance; that is, the memorandum of understanding, the code of conduct, the constitution and the manifesto. All the documents except the manifesto are ready. The sketch of the manifesto is also being reviewed by the technical committee. We were waiting for the registration to activate the secretariat and start member education on the code of conduct and other instruments of the Alliance so as to create harmony of programme and approach among the membership of our different parties. We want NADD supporters to be enlightened and fully concerned of their ownership of the country and be above manipulation. Apart from the launching we will soon start massive sensitisation of our membership.

Foroyaa: What is next?

Halifa: We will establish the secretariat and keep a close relation with the media to inform the people of all our activities.



APRC ADMINISTRATIVE SECRETARY ENDS TOUR

By Yaya Dampha



In the past days, the APRC Administrative Secretary, Mr. Antouman Saho and delegation that include Mr. F.R.I. Jammeh had series of meetings during a tour in all the districts of the LRD.

During the tour, APRC supporters were gathered and informed that the aim of the tour was to dialogue with party members and supporters and get their consent on some of the things that caused the APRC to lose support in the country, particularly in LRD.

Mr. F.R.I. Jammeh informed the militants that at the end of the tour they are going to have a Congress in Soma where all the six districts in LRD would meet to discuss their problems.

However, at most of the meetings during the tour of the delegation, reports were given against certain authorities especially the Chiefs and some members of the immigration department. A lady also spoke at one of their meetings at Soma, blamed the immigration department for the unnecessary arrest and detention of foreigners in their drive to get them pay residential permits and Alien ID Cards. The lady indicated that they do not have; that sometimes they are approached or raided, they are asked by the police to produce papers that they are subjected to every embarrassing situations that is very dehumanizing; that most of them, who are foreigners and residing in Soma, are supporters of the President and the APRC; that they have been in The Gambia for a long period of time. Mr. F.R.I. Jammeh however promised the lady that their situation will be addressed.

Mr. Falai Baldeh of Kabada said that the funds coming for election campaigns in LRD are never utilized for their purpose; that instead few top brass members share the resources amongst themselves; that Chief Yaya Jarjusey and his wife are always given the responsibility of taking care of such funds.

Mr. Babai Jallow of Suluko in Jarra Central said that politics in Jarra Central can never be the same again due to the attitudes of the National Assembly member and Chief of the area.

He went on to say that the Operation No Compromise rice is aimed at reducing the cost burden on the poor, but that the said Chief is taking it upon himself to enrich himself; that the said rice is sold by the said Chief at D480.00 in the said constituency when the price should have been less than that. He described the Chief as a hypocritewho rules on tribal lines.

In his remarks, Mr. F.R.I. Jammeh decried the actions of the Chief and the National Assembly member of the area and promised that the problem will be looked into.

In one of the meetings, two people were not allowed to attend as they are alleged to be spies of the newly formed opposition, NADD.

From the observation of our reporter, who is a native of Jarra, the two have been known as supporters of the APRC in Jarra. Speaking to our reporter, they expressed serious disappointment in the way they have been embarrassed and vowed to give support to the newly formed opposition coalition, NADD. They went further to indicate to our reporter that the people sent to tour the area do not know the area; that this is the problem of the APRC party.



DEFENCE MAKES NO CASE SUBMISSION IN DARBOE & CO CASE

Antouman Gaye, the lead counsel in the ongoing legal wrangle involving the state and the UDP quartet, Ousainou Darboe, Lamin Marong, Momodou Lamin Shyngle Nyassi and Rewane Seck, has taken the bull by the horns by stating that the prosecution has failed to establish a “prima facie” case warranting his clients to enter their defence. Mr. Gaye made this statement while making a “no case” submission and faulting the case of the prosecution before Justice Abubacarr Tahirr of the Banjul High Court on Monday, 25th April 2005, Mr. Gaye submitted that the case of the prosecution is grossly insufficient to establish a prima facie case, while describing the prosecution witnesses as people who are biased.

In his submission, Gaye submitted that the accused persons pleaded not guilty to all the charges preferred against them by the state and that it was left to the prosecution to prove their case under the following essentials; (1) that Alieu Njie died between Chamoi bridge and Kundam. (2) That they (the accused) intended to cause the malicious death of Alieu Njie (3) That the accused caused the death of Alieu Njie.

According to Lawyer Gaye, the accused persons have nothing to prove, instead the burden of proof lies with the prosecution. Gaye stated that some of the prosecution witnesses made conflicting testimonies. He urged the honourable court to expunge the testimonies of witnesses who testified about Numuyel, since nothing happened in that place. Submitting further, Gaye said Omar Sowe, the leader of the APRC group at the time, made contradictory testimonies and could not tell how many UDP members were on the ground. ‘Omar quoted Sirrah Darboe as saying, I know him (Omar); he is a very dangerous boy. Omar said when Sirrah said these words, stones were thrown on them and they also decided to run.” Gaye said.

Mr. Gaye said Omar indicated that Alieu Njie alighted from the vehicle and ran for his life but he was pursued by somebody, and he believed it as Rewane Secka who stabbed him. According to Gaye, Omar stated in his evidence under cross examination that he did not know what was happening as he was running to save his life. Continuing his submission, the learned counsel submitted that Omar had indicated in his statement to the police that Alieu Njie was stabbed on the neck and chest, but in court, the witness testified that he did not know where Alieu Njie was stabbed. Gaye noted that the witness had demanded to see his statement in court, but when the said statement was shown to him, the witness denied making that statement to the police. Mr. Gaye indicated that the law states that when statements are contradictory, the court does not take any of them. Mr. Gaye said Omar did state that Lamin Marong was not present in court and he (Omar) was not able to identify him (Marong), and also
 said Marong was not charged.  Mr. Gaye said Marong has been charged and was present in court at that day.

Mr. Gaye submitted that the evidence of Dembo Camara is one that raises concern. According to him, the latter testified that Mr. Darboe had told his supporters “Kill them (APRC militants) and I will stand for you in court,” but Omar who was an eye witness at the scene did not mention anything about Darboe. Mr. Gaye pointed out that Dembo had informed the Honourable Court that he was arrested by the UDP supporters who took him to the Basse Police Station.

“I submit that if these people (UDP saympathisers) wanted to kill him, they would not arrest him and take him to the police station.” Gaye remarked.

Lawyer Gaye further submitted that Dembo had said in his statement to the police that he did not know Mr. Darboe, but in court, he said he knows Mr. Darboe is a lawyer.

One of the accused persons, Rewane Seck, was not present in court. Mr. Gaye informed the court that Seck’s father is dead and the accused has gone to the funeral.

The prosecutor, Shanaka Wijesinghke urged the court to give him time to respond to the submission of Mr. Gaye. This application for adjournment was granted by the judge.





LOCAL GOVERNMENT SOS ON FAMILIARISATION TOUR



By Yahya Dampha

The new SoS for Local Government and Lands, Mr. Ismaila K. Sambou, is on a familiarization tour of his ministry which landed him in Mansakonko, LRD, where he met officials of his department.

During the conducted tour at the Commissioner’s Office, the SoS commended the Commissioner and his staff for their good job and advised them to be faithful to themselves and the country.

At the Community Development Office, the CDO, Mrs. Adama Mboob, commended the SoS for visiting her office. She said that as development agents, they are engaged in rural water and community skills training. She cited some of their constraints at office level such as like lack of electricity, since the NAWEC generator only supplies electricity from 9:00 am – 12:00 pm. She called on the SoS to assist them with a generator so that they can do their office work effectively.

At the Area Council SoS Sambou asked the Chairman, Mr. Wally Sanneh, about the council’s budget. According to Chairman Sanneh, Mansakonko Area Council’s estimated budget for the year 2005 is Ten Million Dalasis, excluding government’s subvention. Chairman Sanneh went on to say that his council is spending most of their revenue on school fees, road maintenance and the digging of wells. He said that the UNV – UNDP project which has been in his division for long, helped a lot in terms of capacity building. He however stated that the public did not understand most of this and are blaming them for not doing anything for them; that his council’s revenue base is the lowest and that they are also taking care of quite a number of staff.

The Permanent Secretary at the Department of State for Local Government and Lands, called on the Chairman to review the sharing of the Soma Market because they are accused of giving many of the stalls to foreigners, chiefs and some council officials. He also advised them to come up with plans that they think will alleviate the conditions of the tax payers.

The SoS also told the Chairman to make sure that the tax payers’ money goes back to them.

Chief Yahya Jarjusey who spoke on behalf of the chiefs said that the Mansakonko Area Council should not be blamed for their lack of development work because the council is spending lots of money on the political activities of the ruling APRC and that most of the civil servants who trek around do have their vehicles fueled from the council. He, however, called on the SoS to help the chiefs in replacing some of their badge messengers who have passed away; that it always takes a long time before they get replacement of badge messengers. The SoS promised to look into those matters as soon as he returns from his tour.



AT THE NATIONAL ASSEMBLY

DoSE UNDER THE MICROSCOPE OF THE NATIONAL ASSEMBLY

Part 6

We have been publishing the report presented to the National Assembly by the Chairperson of the National Assembly Select Committee on Education and Training.  In our last issue we started reporting on Section on Regions 5&6.  Below is a continuation of this section of the report.

On Assessment, Supervision, Inspection And Standards

The report continued to reveal that “the schools in Regions 5 and 6 all have an agreed policy in principle on assessment that forms an integral part of the teaching and learning process; that senior teachers conduct supervisory roles in the school to monitor both teachers and pupil’s performance. The report indicated that some schools use the continuous assessment of students and staff appraisal system, while others use their own form of assessment of teacher performance. Some senior management teams could not just produce any record to show evidence of holding meetings or verified and signed records of work of teachers and other related matters. Although there is evidence of teachers’ records of work on preparation for effective teaching, some schools failed to do so. The report further reveals that the SMT does not check teachers’ records of work and children’s work are not regularly and consistently marked.



On Regional Directorate & SQAD

The report reveals that “evidence has shown on records of the schools visited that SQAD officers and the Regional Directorate staff visit the schools irregularly due to limited resources on the fuel allocations; that the Regional Offices in Regions 5 and 6 complain of inadequate fuel allocations of two thousand five hundred dalasis per month for the office. This, the report said, is too small for the monitoring and supervision required in order to give support to schools. The Region 5 office complained of transport constraints too as well as power supply.



On Time Allocations

The report indicated that generally a few schools (of all the categories) do give much consideration to the required time allocations to subjects and shifts; that some schools do close early in the afternoon shift in the cool dry season when darkness sets in quite early. However, the report said that the majority do not make attempts to recover the lost time and that both shifts do not have equal time and subjects allocations.  The report goes on to indicate that few schools do try to bridge the gap between the time difference of shifts on Fridays by giving morning shifts a shorter day and the other shifts a longer day; that the schools that conduct double shifts in Regions 5 and 6 complained of low remuneration compared to the heavy work load. “This”, the report said, “could undermine commitment and hinder performance.  It states that students complain of unfavourable conditions within the learning environment during the hot season.



On Achievement Of Pupils In External Exams

The report states that pupils’ achievement in external examinations in the UBS is just on the average but that there are a few good results; that some of the Heads of Schools were frank enough to report that their pupils’ performance is not satisfactory and that two other heads rated them as poor.  The report indicated that achievements in the senior secondary schools are good and Nasir Ahmadiyya Muslim Senior Secondary School recorded 93 % passes in the last WASSCE exams of June 2004.



On School Dropouts

Although school dropouts is reducing from the figures given in Region 5, the report indicts that some schools do still have substantial numbers of pupils dropping out of school for various reasons.  It reveals that Kataba Omar Ndow has already lost 12 pupils in the middle of the first term and that for Fass Lower Basic School, early marriage is a menace and that teenage pregnancy accounts for the majority of dropouts.  The report states that the phenomenon is quite prominent in Bansang and Kudang while Brikamaba is reported to have a good number of girls affected too.



47 ALLEGED CATTLE THIEVES IN COURT



By Yaya Dampha

On Monday 24th April 2005, the Brikama Magistrate Court was full to capacity with friends and relatives of the 47 accused persons who were earlier on remanded at the Mile 2 Central Prisons waiting to see them and know their fate.

When the truck carrying the accused persons finally arrived, they were put under heavy security, escorted by the PIU members.

The Brikama court house is so small that the accused with their batch of lawyers and journalists alone almost occupied the whole court room.

Before the court started, the PIU members sent all their relatives, friends and onlookers away.

When the case was called, the prosecution applied for an adjournment on the grounds that the case files are not yet ready.

Before the defence came up with their responded, the presiding magistrate told the prosecution that he had earlier on remanded the accused persons for a whole week in order to give the Police enough time to complete work on the files and that he was not going to remand anybody this time.

Few among the accused were represented by Lawyers Lamin Jobarteh, Lamin Mboge, Batchilly and Neneh Cham Chongan.

The lawyers objected to the prosecution’s application. Lawyer Jobarteh said that if the Police were not ready to proceed with the matter, they should rather withdraw the charges because according to him, enough time had been given to them to enable them complete their investigations.

Lawyer Mboge said that with all the time given to them, the police were acting like a soldier going to war without a weapon. He said the liberty of the accused persons should be considered.

Lawyer Neneh Cham Chongan said that she did not think the prosecution is serious because they knew the case was coming. She said that the matter should proceed or the court gives the Police time to go to the station to bring the file.

Lawyer Batchilly said that the prosecution could bring all these people to court last week and request for them to be remanded for a whole week only to come to court again saying that they were not ready with their case file.

In giving his ruling, the presiding magistrate ordered that the accused persons be bailed with a sum of D20, 000 by one Gambian surety and the matter be adjourned to the 18th day of May 2005.



TRIAL OF OC DEMBA SANYANG



By Yaya Dampha

The trial of ASP Demba Sanyang, the Officer Commanding Brikama Police, resumed at the Brikama Magistrate Court presided over by Magistrate Bubacarr Jawo.

The OC is facing charges of conspiracy to commit felony contrary to section 368 of the Criminal Procedure Code of The Gambia. The OC is said to have conspired with certain individuals to steal cattle.

When the case was mentioned, the Prosecution applied for an adjournment to a later date on the grounds that the police investigators were not ready with the case file.

The counsel for the defence, Lawyer Antouman Gaye, objected to the application and said that the Police were earlier on given ample time to put their house in order and that the accused person had been remanded for seven days in Mile 2 Central Prison. He also informed the court that the accused person is already dismissed from the police force; that instead of being remanded, he was taken under confinement; that the defence is not only objecting to the prosecution’s application but that they wanted the case to proceed so that the accused person could have his right to liberty.

Ruling on the application, the presiding magistrate, Bubacarr Jawo accepted the prosecutor’s application and adjourned the case to the 18th May 2005 and allowed the accused to be granted bail by one Gambian surety with a sum of D20, 000.





KERR AIBU – SENOBA ROAD IN HORRIBLE

CONDITION

Rate Of Accidents On The Increase



By Yahya Dampha

The roads in the Gambia are in horrible conditions, especially those in the provinces. One such road is the one from Senoba to Kerr Aibu where the rate of accident is on the increase.

Recently, more than four Senegalese trucks had accidents between Senoba and Yelitenda but the Police cannot blame the drivers due to the condition of the road. These drivers avoid some very deep potholes on the road so often that they sometimes end up having accidents.

Some of the drivers, who spoke to Foroyaa, expressed their displeasure in using this road which, according to them, cost them a lot of money on spare parts.

When contacted, the head of DTS in Mansakonko, said that his department’s road labourers are presently in the URD filling some of the potholes on the Trans-Gambia Highway but that they cannot do any meaningful maintenance on the roads until when the EC fund is approved.

Many of those drivers travelling on the roads divert within villages and residents are bitterly complaining of this.  He said that for drivers of such vehicles to be diverting within village settlements can be a dangerous option.

Because of such diversions, some drivers who divert into Tahir Ahmadiyya SSS clashed with the school authorities who told them not to use the school’s football field as an alternative road. This caused a row between the school authorities and the drivers.



WESTERN DIVISION POLICE COMMISSIONER REMANED IN PRISON



By Yaya Dampha

The Divisional Commissioner of Police, ASP Ebrima Camara, was arrested by the police last Wednesday and detained at the Yundum Police Station until Monday 25th April 2005, when he was brought to court.

ASP Camara is facing criminal charges of conspiracy to commit felony, as he is alleged to have conspired to steal a bull from Kubadeh in the Cassamance, contrary to section 363 of the Criminal Code.

Defence Counsel Jobarteh objected to the charge saying it is unheard of in the law for one person to be charged with conspiracy, and that it is not stated in the charge whose cattle was stolen. He said that there is a mention of cattle on the charge sheet but that no value is given.

Lawyer Jobarteh also indicated that by mere discussions and agreements without them being able to meet their objective does not mean that the accused has committed an offence. He finally submitted that the charge be struck out.

The prosecution objected to the defence’s submission and said that Osu Boy and the accused did agree to commit this offence, whether they have succeeded or not and that the offence was committed in Senegal.  He argued that there is no complainant so there could be no value.

Ruling on the submission, Magistrate Bubacarr Jawo adjourned the case to 2nd May 2005 and that the accused person be remanded for this period in order to give the police time to complete their investigation.




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