Foroyaa Newspaper Burning Issues

Issue No. 76/2004, 23-26 September, 2004

Editorial

A Worrisome Judgment

Upon the Ex parte Motion of the Attorney General (i.e. an application by the 
State in which the Judge only hears one side) against YDE at the High Court, 
the presiding Judge, Justice Savage ordered the sale of 4,751 Tonnes of YDE 
rice by the Inspector General of Police.

As the sale proceeded Rustal Trading filed an application challenging the 
sale, pointing out that YDE had already disposed of the rice purchased from 
them.  This application did not lead to the stoppage of the sale by the 
Police.  Hence Rustal had to file an Ex parte Motion to obtain an interim 
injunction.

The court ordered the suspension of the sale and the sealing of the stores.  
This order lasted for just a day as the following day the court reversed its 
decision upon the ex parte motion of the Attorney General for a review of 
the decision to suspend the sale.

This is worrisome because it makes the public speculate why the court keeps 
reversing its decision.  Needless to say, Section 120 Subsection (3) of the 
Constitution states, "In  the exercise if their judicial functions, the 
courts, the judges and other holders of judicial office shall be independent 
and shall be subject only to this Constitution and the law and, save as 
provided in this Chapter, shall not be subject to the control or direction 
of any other person or authority."

In short our courts and judges must always be impartial and independent and 
go by the Constitution and the law.  Added to this as the saying goes, 
"Justice must not only be done but must be seen to be done."

Furthermore, Section 120 Subsection (4) states: "The Government and all 
departments and agencies of the Government shall accord such assistance to 
the courts as the courts may reasonably require to protect their 
independence, dignity and effectiveness."

The big question is how much is the executive, particularly the Attorney 
General doing "to protect the independence, dignity and effectiveness" of 
the courts and the judges, or are they doing the opposite?

There is one thing all persons in authority must realise that stability does 
not arise when an autocrat subjects people to his/her whims and caprices and 
instill fear in them.  On the contrary, democracy, the rule of law and 
tolerance are elements that facilitate stability.



GAMBIAN APPOINTED SUPREME COURT JUDGE

Justice Gibou Janneh the President of the Court of Appeal has been appointed 
as a Judge of the Supreme Court.

Following the unceremonious sacking of Justice Hassan Jallow, no Gambian has 
been appointed to this prestigious position. He was appointed Acting Chief 
Justice recently, which generated controversy in the Bar Association

However the appointment of Justice Janneh has created a vacuum at the Court 
of Appeal. The Court of Appeal is constituted by Justice Janneh, Justice 
Wallace Grante and Justice Itam. Justice Ahmed Belgore is a co-opted Appeal 
Court judge. Justice Itam's contract is finishing this month. The departure 
of Justice Itam will leave a dent on the judiciary. It is not clear whether 
Justice Belgore will be appointed as a full time Appeal Court Judge.



OPPOSITION CANDIDATE FOR SARE NGAI BY-ELECTION SELECTED

By Justin J. S. Yusuf

A Local Committee of Opposition Party Members in Sare Ngai Word, Wuli West, 
last Friday selected Karamo Touray of Barrow Kunda Village as their area 
council ward candidate for the forthcoming Sare Ngai Ward by-election in the 
Wuli East constituency in URD.

Speaking to this reporter, Mr. Karamo Touray aged 32; last Tuesday said that 
among the seven candidates who showed interest to contest for the Opposition 
Alliance, he was the one who succeeded during the meeting held at Ja - Kunda 
on Friday September 17th, 2004.

The other six candidates who showed interest are: Mamadou Touray, Arafang 
Jawneh, Momodou Barrow, Menkey Barrow, Momodou Touray and Muhammadou Danjo.

According to Karamo Touray the selection which was chaired by the ward 
chairman for the Opposition Alliance, Mr. Bai Lamin Barrow was free and 
fair. All the candidates who showed interest finally endorsed his 
candidature.

"The rest of the candidates who showed interest unanimously endorsed my 
candidature in the presence of the selection committee for confirmation," he 
asserted.

Mr. Touray, who is a native of Barrow Kunda, did his schooling in Barrow 
Kunda and is a Carpenter by profession.  Mr. Touray told this paper that his 
objective is to develop and maintain unity in his ward. He added that he has 
thought about the election. "The APRC cannot challenge any party in Wuli 
West, because of the awareness of the people in the area. We will maintain 
this in any election in this country," he said.



BANJUL - BARRA FERRY TERMINALS TO BE UPGRADED SOON

By Justin J.S. Yusuf

Ebrima Kujabi, the Public Relations Officer (PRO) of the Gambia Ports 
Authority (GPA) has revealed that plans are underway to upgrade both the 
Banjul and Barra Ferry Terminals respectively.

Speaking to our reporter yesterday following our September 9 - 12 
publication with the caption, "Poor Sanitary Conditions at Barra Ferry 
Terminal", Mr. Kujabi said GPA will upgrade the ferry terminals to ensure 
better customer care service. "The GPA is seriously considering its 
customers to be well protected and cared for," he said.

Mr. Kujabi claimed that though there would be lots of changes at both the 
two terminals, at present the toilets are clean and are in good condition in 
contrast to what was earlier reported that they were in horrible conditions. 
He added that the only problem is that too many people pass through the 
terminal every day; that it does not mean that the toilet facilities are in 
poor conditions.

But when our reporter visited this place last Sunday most of the customers 
told him that the toilet facilities are still in horrible conditions. They 
indicated to him that still now the faeces are exposed and float in urine, 
which they said caused a very foul odour within the whole vicinity of the 
terminal area.



The Paul Commission
By Abdoulie Dibba

Sitting of Wednesday 15th Sept. 2004

Testifying before the Paul Commission on Wednesday, Abdoulie Manneh, Deputy 
Permanent Secretary for Local Government and Land pointed out that from July 
1994 to date he has been holding offices in the government of The Gambia at 
different levels. He testified that from 2000 to date, he is the Deputy 
Permanent Secretary, Department of State for Local Government and Land and 
that apart from his monthly salary, he receives board allowances. He 
indicated that apart from these allowances, he has no other source of 
income. He said he does not generate any income from rent, fishing, 
commercial transport, farming activities, treasury bills, shares in 
companies or insurance policy. He indicated in his testimony that apart from 
the one by six loan to civil servants by government, he is not a beneficiary 
to any loan whether bank, government or institution or individual.

Mr. Manneh pointed out that his brother in Sweden used to send him money for 
his building project and parents, and that these monies are sometimes paid 
into his wife bank account or received through money transfer dealers. Mr. 
Manneh testified that the monies are paid into his bank account before 
disbursement. He indicated that he does not know how much the money amounts 
to, but that it will be reflected in the statement of account. He indicated 
that he has not received anything from the brother this year and that the 
building in question is a storey building situated in Lamin. He pointed out 
in his testimony that the building belongs to his brother, Musa Manneh and 
that the only property that belongs to him is in Kotu West where he is 
living. He denied outright that he has a property in Lamin. Mr. Manneh 
indicated that his brother is working in a railway company in Sweden. He 
indicated that he has his brother's phone number and was asked to furnish 
the commission with the brother's number. He testified that he has an 
account with International Bank for Commerce and Trust Bank, but that the 
Trust Bank account is for salary. He said the money sent by his brother is 
put in the IBC account. He said his wife has an account but does not know 
when the account was opened and that he is not a signatory to her account 
and that she is also not a signatory to his account. He acknowledged that 
the wife operates a tailoring shop and apart from that she has no other 
source of income, and that he is not aware of any money paid to her account 
other than what is generated from her tailoring shop and the money sent by 
his brother.

At this stage, he was asked to furnish the commission with the statement of 
account from 1st June 2000 to date and that of his wife. Mr. Manneh 
testified that he was paid per diem and that he made savings from his per 
diem. He said the highest savings he made from his per diem was $2, 000 and 
the least was £100. He indicated that he puts these savings into his bank 
account and uses them as the need arises.

Continuing his testimony, Mr. Manneh pointed out that his wife's income does 
not come to him and that he does not invest anything in his wife's business. 
He testified that the items listed in page 4 and 5 of the asset declaration, 
he has two receipts out of the items and other three, he could see their 
receipt, and that apart from the official vehicle, Mr. Manneh said, he has 
no vehicle and that the wife too has no vehicle. He pointed out that from 
2000 to date, he has not engaged in any building work and that the building 
in his Kotu West property was completed in 1999 and he moved in it in 
December 2001. He said before that, he was living in Bakau, which is a 
family property, and he was not paying rent. He said, the building is a 
three bedroom flat and an extension of a room and parlour. He testified that 
this plot was allocated to him in 1983 and that between 1994 to date he did 
not apply for land allocation and did not buy or sell any. He indicated that 
neither his wife nor his children were allocated land. He denied having a 
land in Sukuta Sanchaba and in any other part of the country apart from the 
one in Kotu West. He pointed out that neither his friends nor his relatives 
have a plot in the three layouts. He indicated that when these three layouts 
were created there was a land allocation board and that he is not aware of 
any allocation of land by someone else apart from the board and that he 
cannot remember green, commercial and industrial areas converted into 
residential areas and that it is not correct that some names were given to 
him for allocation apart from the ones given by the land administration 
board. He further testified that he couldn't remember letters of allocation 
issued before the nitty-gritty of the layout were finalized. Testifying 
further, Mr. Manneh pointed out that during the allocation of the three 
layouts, he was the Acting Permanent Secretary overseeing the whole 
Department of State for Local Government and Land and that during this 
period Nai Ceesay was the Secretary of State.

Concluding his testimony, Mr. Manneh said he once appeared before a 
committee investigating the three layouts issue and that all he said to that 
committee was the truth, the whole truth and nothing but the truth.

The next witness to testify was Tamsir Manga, Permanent Secretary, 
Department of State for Trade, Industry and Employment. In testifying before 
the commission, Mr. Manga indicated that from February 2000 to 2002 he was 
Deputy Permanent Secretary and his take home income including board 
allowances amounted to D7, 400 and that as Permanent Secretary, his take 
home income including allowances amounted to D11, 400. He pointed out that 
apart from his income, he has no other source of income. He indicated that 
he was allocated a plot in Kotu West in 1983 and that he developed it in 
1989 while he was in America and undertook some maintenance in 1998. He 
pointed out that the building is a three-bedroom bungalow but that he is 
adding an extension which is a storey building he started in July this year 
(2004) and it is still in progress. He indicated in his testimony that so 
far, he spent D100, 000 on the extension.

At this stage, Mr. Manga was asked to produce the lease document for his 
Kotu West property, but then he said the lease was used as mortgage at the 
Accountant General's Department but promised to produce the receipt within 
three days.

Continuing his testimony, Mr. Manga pointed out that he applied for land 
allocation once, and that is the property at Kotu West. He said the property 
in Bijilo belongs to his late father and he is holding it in trust for the 
family. He then said that there is no document in relation to the property 
other than the receipts for the payment of rate. Mr. Manga said that he has 
no farm, garden, poultry and that he is not a shareholder in any company but 
his wife operates a Telecentre. He said his wife was working as a Secretary, 
Department of State for Education and retired in 2001 at the level of Grade 
3 or 4. He indicated that the Telecentre was opened in 2002 with a total 
investment of D11, 000. He acknowledged contributing to the amount but 
cannot recollect how much. Mr. Manga indicated that he could not tell where 
his wife secured the rest of the funds but that the Telecentre is operated 
in a shop in her father's compound.

Testifying further, Mr. Manga said he has no joint account with his wife, no 
foreign account, no investment in shares, treasury bills or insurance bills. 
He denied anybody holding a property trust for him and confirmed that he 
took a government loan in 1997 and a bank loan in 1998, which he is still 
servicing. He like others said he made savings from his per diem and the 
highest is $500 but that he does not put these savings in a bank. He 
testified that about D50, 000 of these savings goes to the extension project 
in his Kotu West property. He indicated that three of his children are in 
America but he is not responsible of their maintenance or education. He said 
two of them are working and that they are staying with their mother. Mr. 
Manga indicated that at one time, he was responsible for the evaluation of 
duty concession and he could remember discussing with CSE but that he could 
not recollect having any connection with Haskoning. He pointed out that BJL 
5526A was purchased in 1998 but no transfer of ownership, or insurance for 
the first year could be obtained.

At this stage, he was advised to go to the insurance company where the 
vehicle was first insured to get it. Moving towards the end of his 
testimony, Mr. Manga indicated that he could not recollect any major 
investment made in this country since GIPFZA was created. He said proposals 
are made which never materialize. Concluding his testimony, Mr. Manga 
indicated that he cannot remember anyone thanking him with money for a 
service he rendered or receiving any assistance in kind from any company 
whatsoever.



The Janneh (GAMTEL) Commission

By Emil Touray & Abdoulie G. Dibba

Testifying before the commission, Mr. Momodou Senghore, Managing Director of 
Taf Holding indicated that everybody in the Board was shocked when they 
heard of the news of the encashment of the $3 million; that the appropriate 
thing for them to do at that time was to take legal action but at that stage 
Mr. Senghore said, very little information was available. He testified that 
management was being informed but that the details were confined to himself 
(Chairman of the Board), Mr. Mboob (the Managing Director), Phoday Sisay 
(the Finance Director) and Ms. Penda Dibba (the Company Lawyer) and of 
course the line department of state (Communication, Information and 
Technology) and the Office of the President. Mr. Senghore indicated that he 
believed this was the time when Standard Chartered Bank started demanding 
for the payment of the $3 million from Gamtel. Mr. Senghore pointed out in 
his testimony that it was during the 7th Ordinary Session of the Board dated 
31st July 2003 that the Board gave approval to management to enter a loan 
agreement with Standard Chartered Bank in respect of the payment of the $3 
million and that it is also correct that Gamtel has written to the 
President's Office requesting for this particular action, that is to enter 
into a loan agreement with Standard Chartered Bank. Mr. Senghore indicated 
that this decision was two fold: One, to move forward with Standard 
Chartered Bank to maintain Gamtel, enhance revenue and creditability; and 
two to chase Befag to recover the $3 million because Mr. Senghore said, if 
the present management had diligently followed the board decision of 
pursuing Siemens in court they would have achieved a positive end result. He 
then cited the Gambia government and MSG case as an example. Mr. Senghore 
indicated that as Ms. Dibba indicated in her evidence, legal opinion was 
sought. Mr. Senghore pointed out that the issue will affect Gamtel's 
creditability because the Global Network Expansion Project which Gamtel has 
signed a contract with Alcatel which was to deliver 230, 000 lines at the 
end of the project, the first phase of which was to be financed by Gamtel. 
Mr. Senghore indicated that Gamtel needed to raise funds to the tune of 15 
million Euros, which was very difficult, and that, Mr. Senghore said, 
financiers will not tell you but creditability does count. Mr. Senghore 
testified that he does not know whether Standard Chartered Bank was informed 
by Gamtel that they are paying but without credit risk and that he has not 
seen any document in relation to Gamtel's rejection of the liability of the 
$3 million but that like Ms. Dibba, that "I have and still have some 
misdoing with the wording of the bank guarantee." Mr. Senghore acknowledged 
that he is a shareholder of Standard Charted Bank since 1978 and currently 
the Chairman of the Board. Mr. Senghore pointed out that if there was any 
likelihood of conflict of interest in being Chairman of the Board of 
Directors of Gamtel and a shareholder of the Standard Chartered Bank, he 
would resign.

At this stage, Ms. Drammeh took the floor. Mr. Senghore pointed out that he 
was appointed in the Gamtel board by the President through the Department of 
State for Communication, Information and Technology and at that time he was 
already Chairman of the Board of Directors of Standard Chartered Bank 
(Gambia) Ltd. Mr. Senghore indicated that his chairmanship and share in 
Standard Chartered is of public knowledge since it is contained in the 
annual account. In response to a question as to whether the intention was to 
enter into a legally binding loan agreement with Standard Chartered Bank 
(Gambia) Ltd, he said that to him the intention was to move the process 
forward because Gamtel

was losing too much time with the fibre optic and global network expansion 
project.

Continuing his testimony, Mr. Senghore indicated that the Department of 
State for Communication, Information and Technology, Department of State for 
Finance are all represented in every board meeting and participated in 
decisions in which the Befag Saga was discussed. Mr. Senghore pointed out 
that he worked with Mr. Mboob but his tenure was difficult because there 
were a lot of in-fights directed at him.

At this stage, Mr. Menne tendered a letter from the President's Office to 
Mr. Senghore asking him to comment on certain allegations written against 
Mr. Mboob, and a letter of reaction from Mr. Senghore, both letters were 
marked as exhibits. Mr. Senghore pointed out that the board would not 
approve managements payment arrangement with Standard Chartered without 
government's approval, because the board represents the shareholders and in 
this case, the government is the shareholder. Mr. Senghore was asked whether 
he influenced the board to come into the loan agreement with Standard 
Chartered Bank. In response, Mr. Senghore said he recommended it to the 
board and the board approved the recommendation. Mr. Senghore indicated that 
there was a committee comprising himself, the MD at the time, Mr. Mboob, the 
Finance Director, Phoday Sisay and the company lawyer, Ms. Penda Dibba who 
monitored the unfolding saga on a day to day basis.

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