>From: "Joe Sambou" <[log in to unmask]>
>Reply-To: [log in to unmask]
>To: <[log in to unmask]>
>Subject: [Fwd: Foroyaa Newspaper Burning Issues]
>Date: Thu, 11 Mar 2004 05:45:38 -0500 (EST)
>
>-------- Original Message --------
>Subject: Foroyaa Newspaper Burning Issues
>From: "Amie Sillah" <[log in to unmask]>
>Date: Sat, March 6, 2004 10:15 am
>To: [log in to unmask]
>
>
>Foroyaa Newspaper
>Issues No.18/2004, 1-3 March, 2004
>Editorial
>Where is Juwara?, where is Jammeh?
>"Contrast of Destiny"
>Retribution that is not restrained by reason and justice becomes
>excessive and repugnant. Such retribution makes justice not to be seen to
>be done. This form of retribution promotes the culture of impunity,
>intolerance, bad faith and revenge. President Jammeh has great
>opportunity to preside over a country where leaders can come and go
>without disturbing the peace of the land. This requires the preoccupation
>by all sides of the political spectrum to build the quality of democracy
>that would enable the people to instal and remove leaders according to
>their sovereign will. Leaders who come just to serve for a limited term
>and are preoccupied with the empowerment of the people can never be
>obsessed with security. They would know that they are there just for a
>limited term and that the people would not allow any insurgents to use
>their authority to act and remove governments. Such leaders know that
>even if they are assassinated others will be there to continue the work.
>Olof Palme of Sweden was assassinated but the Social Democratic Party
>continued to earn the respect of the people. Only leaders who want to be
>Presidents for Life become very insecure and must rely on the issuing of
>threats and other forms of psychological warfare to counter their
>imagined or real threats. A peaceful country does not need such a
>leadership that perpetuates a climate of insecurity just to feel secure.
>A sincere leadership, which is confident of the maturity or support of a
>people would be able to respond to any threat to march to a state house
>with words questioning whether one’s opponents have such power over the
>vast majority of people. Such a leadership would have responded by
>telling an opponent to use that power to remove him/her in an election.
>Such is the fair-minded and secure leadership that Gambia needs. Such a
>leadership can tolerate all shades of opinion and bring them to contest
>for leadership position by putting their programmes and policies before
>the people. Such a leadership would recognize the leadership positions of
>all sectors of society, be they cultural, religious, professional, or
>civic. It would consult with all and give due respect to the views of
>all. In this way, the country will not be seen as the private property of
>its head of state but as the property of the Gambian people. Leaders
>would be seen not as Kings but as Chairpersons of a team of experts
>trying to find solutions to the burning issues confronting the country.
>As you read this issue, please reflect On the Contrast of Destiny. Before
>the 1994 Coup d’etat President Jammeh was in the Military Police and Mr.
>Lamin Waa Juwara was an elected Member of the House of Representatives.
>President Jammeh marched to the State House and became Head of State.
>Juwara threatened a march to the state house and is now at the Central
>Prisons at Mile Two. President Jammeh recently presided over a musical
>jamboree to raise funds for his presidential elections and went back home
>to be a family man. Juwara is lying on a hard wooden plank away from his
>family and children. Interestingly enough, he advised his supporters not
>to confront the state as he went to Prison. Isn’t that enough indication
>that the words he uttered regarding a march to the state house did not
>amount to a call to overthrow the government by force? What is Jammeh
>waiting for when he has all the prerogative to release Juwara to promote
>peaceful coexistence of political parties in the country? Will he
>continue to look in the other direction and preach the gospel of the
>national anthem when he can defuse hatred and civil strife by acting with
>magnanimity in the right place and at the right moment. The future will
>tell. In the mean time all those who write to him to exercise his
>prerogative to release Juwara should copy it to Foroyaa. Baba Jobe’s
>Trial
>"I Guaranteed JULAKAY D31 Million at AGIB"
>Part 18
>The majority leader, Baba Jobe, who is facing six charges of economic
>crimes and other offences disclosed to the court, under cross-examination
>by the D.P.P., that the power of attorney that he gave to his lawyer, Mai
>Fatty was specifically for his relationship with Julakay Engineering and
>Construction Company. The majority leader asserted before a courtroom
>full to capacity that during his detention one Ansumana Marena, a
>business partner of his told the people and the press that he Ansumana
>Marena owns Julakay Company. Mr. Jobe asserted further that he is the
>chairman of the said engineering and construction company whilst Ansumana
>is the managing direction. He added that since his partner, Ansumana had
>taken such a move during the course of his detention, he Baba Jobe, being
>the guarantor of the company for D31 million, also thought it prudent to
>give his lawyer power of Attorney to arranged withdrawal of the D31
>million guarantee from the Arab-Gambian Islamic Bank (AGIB). Continuation
>of evidence of Baba Jobe.
>In continuing his examination of Baba Jobe, Lawyer Lamin Jobarteh on
>Wednesday 25th Feb. 2004, began thus: Q) Hon Jobe, have a look at
>Exhibits AA2 and AA4 and tell the court what they are? A) They are
>documents of YDE
>(Q) Look at AA2 and read on top of it?
>(A) Youth Development Enterprise.
>(Q) Can you tell the court their difference?
>(A) Company.
>Q) Do you know if it is registered?
>(A) Yes we gave it to our secretary to do so.
>(Q) Do you know what gave rise to the difference between the two
>documents? A) When the activities of YDE became enlarged, since our aim
>is to reach every village and town in our drive towards poverty reduction
>as by the aims and objectives of YDE, we decided to distribute the shares
>and re-register the company. Q) Was it finally re-registered?
>A) Yes.
>Q) As what?
>A) YDE only and no more.
>Q) Before this distribution of shares were you a shareholder?
>A) Yes.
>Q) Did you pay any money for your shares?
>A) No.
>Q) Did any of the shareholders pay money for their shares?
>A) No, these were just nominal shares, since we all know the financier.
>Q) Hon Jobe, are you aware that you and your co-accused are charged with
>economic crimes causing losses to the state. A) Yes but my Lord we are
>not public or civil servants operating with the tax payers’ money. Since
>we are a company named YDE, then during the course of our operation, when
>we have the cooperation of any state official for all these three years,
>it is those state officials who had caused economic losses to the state
>and not us in the YDE. Shown Exhibits T and U, booklets containing
>single administrative document forms (SAD), and asked to look at them if
>they have any dates of preparation? A) Well my Lord from what I see, some
>have but most do not have.
>Q) Since the commencement of YDE’s operation when you prepare and submit
>your SAD forms with your application for direct delivery to the Customs,
>have you ever been denied delivery by the GPA and Customs? A) Never.
>Each time our consignment arrives we prepare our SAD forms and
>application for direct delivery. When we take it to the DG Customs and
>contact the former SoS finance as by the gentleman agreement he will
>instruct his P.S in the person of Bammy Jagne to arrange for a direct
>delivery with the DG Customs. Q) Hon Jobe, now prior to the letter from
>the GPA relating to the Standard Chartered Bank, have there even been
>request for the payment for YDE’s shipments? A) Not at all?
>Q) Do you know the reasons that led to this surprise request?
>A) My Lord, as a member of this government we (YDE) know that there is a
>problem which I do not need to elaborate on now. Q) After all this did
>you know if YDE made any attempts to pay?
>A) Yes, we paid D2.5 million to GPA during the course of this trial.
>Shown a receipt acknowledging the payment for the D2.5 million by the GPA
>and asked if he can identify it. A) Yes, this is the receipt for the
>payment.
>Q) Whose name is on it.
>A) Baba Jobe.
>Q) Did you make the payment personally?
>A) No, I gave the amount to my lawyer Mr. Fatty to do the payment on
>behalf of YDE. Shown a letter written by Mr. Jobe’s lawyer Mr. Fatty,
>introducing the payment to GPA and advising them that the payment is on
>behalf of YDE and asked if that is the letter which accompanied the
>payment. A) Yes. Mr. Jobarteh then informed the court that is all so far
>for the witness. End.CROSS-EXAMINATION OF BABA JOBE BY DPP AGIM.
>The DPP started his intervention with the following questions:-
>Q) Mr. Jobe is it correct that YDE is owing the GPA and customs for goods
>they have ordered into The Gambia from 2001 – 2003? A) Yes.
>Q) Shown exits and asked what it is about?
>A) It is the minutes of the meeting of the board of YDE.
>Q) How many members were present in your that meeting of the board? A)
>We were five.
>Q) Was it during that meeting that you decided to distribute the shares
>of YDE? A) Yes.
>Q) Did you tell the other members of your board that you had entered into
>a gentleman’s agreement? A) Yes.
>Q) Is the gentleman information to the board recorded in those minutes?
>A) No.
>Shown Exhibit 2 and asked if it is containing a record of the gentleman
>agreement? A) No.
>Q) As by Exhibit 2 did you accept liability to the GPA?
>A) Yes.
>Q) Did you by the same exhibit 2 at any time denied not legally bound
>liable to pay GPA? A) No. Q) Hon Jobe am I right that the essence of
>direct delivery is to take out goods from the port without any payment,
>pending your production of a duty waiver or for a duration of 90 days
>period after which payment can be effected? A) That is right.
>Q) Did you at any time in any of your applications for direct delivery
>mention the existence of a gentleman’s agreement between government and
>YDE? A) No, since there existed an understanding between us all these
>years. YDE have been receiving its goods without any problem. Q) With
>whom did you discuss the issue of gentleman’s agreement?
>A) The former SoS for Finance, his P.S and external affairs because I
>have done a lot of services for them without pay. Q) So Famara Jatta and
>Bammy Jagne know every thing about the gentleman’s agreement? A) Yes,
>all that concerns them.
>Q) Does Famara Jatta know about this gentleman’s agreement?
>A) Yes of course, he is the one who introduced the idea.
>Q) I put it to you that there never existed any agreement either
>gentlemanly or ungentlemanly between YDE and government of The Gambia?
>A) There is an agreement.
>Q) I put it to you that there has never existed any agreement, either
>gentlemanly or ungentlemanly between the YDE and the Government of the
>Gambia? A) Yes there is a gentleman agreement.
>Q) Mr. Jobe, are you in the position to pay for all these monies YDE is
>owing to both the Customs and GPA? (A) Well I cannot tell since I am
>under detention.
>Q) How much did you say should have been paid by YDE on that 18,000
>metric tonnes of rice of Rustal Trading? A) D8,455, 940.00
>Shown exits A, B, G and M and asked if they are demand notes from GPA?
>A) Yes.
>Q) Why then did you not pay GPA all the time?
>A) Well, we are paying as evident and we were in the process of
>negotiations before this case. Q) Why did you not pay GPA on demand?
>A) Well, we could not since all these years we were never asked to pay.
>This is why we went into negotiations before the commencement of this
>case to come up with a payment plan. Q) Do you know how long it will
>take YDE to complete payment of all that it is owing GPA by your proposal
>of D100,000 monthly? A) No I don’t know.
>Q) I put it to you that it will take 25 years.
>A) Well that is our proposal but GPA did not reply.
>Q) Mr. Jobe, are you aware that you are owing the Central Bank of The
>Gambia D150 million? A) No.
>Q) Are you aware that as a result there is a suit against you in the high
>court? A) No.
>Q) At this stage Mr. Jobe was shown a copy of the suit and asked to read
>on top of the suit? The witness said it is the State V/S Lang Conteh,
>Baba Jobe and Global Finance and Assets Management Ltd. The DPP then
>moved to tender the document, the defence counsel Lamin Jobarteh objected
>on the grounds that the said suit is yet to be before the court, secondly
>the witness had denied knowledge of it and thirdly counsel Jobarteh
>questioned the essence of the suit in question by citing section (3) of
>the Evidence Act. The DPP for his part told the court that the said suit
>is very important to the court since it will help the court to determine
>what type of witness is before it. The court then moved to admit the
>document and marked it as an exhibit. Q) You told the court that the
>agreement between YDE and Rustal Trading was based on sale and return?
>A) Yes.
>Q) What do you mean by sale and return?
>A) It means we pay for an advance of one million dollars as by the terms
>of our agreement and the guarantee of D300,000 dollars, then after
>receiving the goods we can sell and then pay for the balance. Q) Is it
>stated anywhere in the agreement that after you sell the goods you can
>pay? A) Yes.
>Q) Can you take the agreement and read that portion?
>A) Paragraph 5 states that the buyer shall pay for the balance after the
>discharge of the cargo which shall last for 90 days. Q) After you paid
>the one million dollars what happens with the balance of the $1.56
>million dollars which government guaranteed YDE for at the Standard Bank.
> A) As I said the said 1.56 million dollars from the Standard Chartered
>Bank has to be connected with the YDE – Rustal Trading relationship.
>Shown the copies of the insurance of YDE vehicles and asked if they are
>for YDE alone. A) Yes.
>Q) Is there any thing in writing on those insurance papers to show that
>there are other users of the vehicles other than YDE? A) No.
>Q) What does YDE do when you receive a consignment of goods?
>A) YDE’s clearing agent Mr. Buba Senghore lodges a request for an
>application of direct delivery, which he takes directly to the director
>general of Customs after writing it. Then I as the CEO will go to the SoS
>finance, Famara Jatta, who will then instruct his P.S. Bammy Jagne to
>arrange the direct delivery. Shown copies of invoices and asked if they
>have been faxed to YDE by their suppliers during the YDE and Custom’s
>reconciliation process. A) Yes my Lord, this was after we were unable to
>find out the where about, of our original invoices and the customs had
>asked us at the YDE to provide them with our copies of invoices during
>the reconciliation exercise. Q) How then was it possible that you were
>going to finance department with a copy of an invoice each time you
>receive a consignment? A) I was using those originals, which we had
>misplaced. Like I was saying my lord it is in that light that we
>requested our suppliers to send us all copies of invoices covering the
>period in question. Q) Shown a copy of a document and asked what it is?
>A) My Lord this is a power of attorney I gave to my lawyer Mr. Fatty. The
>DPP applied to tender the document. Mr. Jobarteh again rose to object on
>the grounds that firstly the document in question is a photocopy and that
>it has no relevance to the case. Secondly the witness is saying that it
>is a client to counsel relationship. Mr. Jobarteh then urged the court to
>reject the document on the basis of its relevance. The DPP in his reply
>to the defence intimated to the court that the relevance of the document
>couldn’t be emphasized, since the witness is one of the accused in the
>case before the court, which is economic crime. He argued that the
>witness knows fully that it is obvious in cases of economic crimes that
>when one is guilty normally the court does not only stop at the payment
>of the amount in question but orders that when not paid all the
>properties of such an accused are confiscated to the state to be sold and
>paid for the balance. The DPP!
> opined that it is in that light that the power of attorney is issued to
> cover the assets of the accused, as any would be judgment. The court
> overruled the objection of the defence and admitted and marked the power
> of attorney as Exhibit AA2O9.
>Q) Who advised you on the said power of attorney?
>A) My lawyer.
>Q) Who is your lawyer?
>A) Mai N.K Fatty
>Q) Read it.
>A) The document talked of every kind of property of Baba Jobe.
>Q) Do you have a family?
>A) Yes.
>Q) You have children, wife, relatives and parents?
>A) Yes.
>Q) Why did you not give such a power of Attorney to all those people but
>to some one who is just a lawyer? A) My Lord this was for a specific
>purpose.
>Q) What is that?
>A) My lord after I under went this trial and while under detention there
>is a company that I guaranteed for D31 million at the AGIB Bank. It is
>the managing director of that company which is called Julakay Engineering
>and Construction Company, Ansumana Marenah, who told the press and some
>people that he is the owner. He is the managing director and I am the
>chairman. It is for this specific purpose that I gave the power of
>attorney to enable him to go to the bank to discuss with them and
>withdraw my guarantee. The matter is adjourned to 1st, 2nd and 3rd March
>2004. The Trial of Modou Soma Jobe
>"Court Refuses to Strike Out Case"
>The trial of Modou Soma Jobe, the former Commissioner of North Bank
>Division resumed on Wednesday, 25th February at the Farafenni
>Magistrates’ Court. When the case was called the trial magistrate Mr. E.
>F. Mbai asked the accused for his counsels, namely Mr. Borry Touray, Mr.
>Edu Gomez and Mr. Jobarteh. The accused told the magistrate that some of
>his counsels were busy at the high court and one of them had travelled.
>Cpl. Jammeh the Prosecutor stood up to ask for an adjournment. When the
>Magistrate asked for his reasons he said Sgt. Jahateh who was absent
>during the last sitting was not in court and secondly the file was not in
>hand. At this point Echezona Chime announced his presence for the
>accused, saying that Lawyer Borry Touray sent him to hold brief for him.
>Mr. Chime objected to the application filed by the Prosecutor saying it
>is not Sgt. Jahateh who had a case in the court. The case is Modou Soma
>Jobe vs. IGP, if the IGP assigned Sgt. Jahateh for this case, Jahateh
>should make sure that he makes himself available. He reminded the court
>that the previous sitting was adjourned because Sgt. Jahateh was not in
>court; today also he was not here. Lawyer Chime went on to say Cpl.
>Jammeh cannot hold brief for Sgt. Jahateh in law. He said Sgt. Jahateh
>had no case to pursue, that’s why he was absenting himself from court
>sittings. He called on the presiding Mag! istrate to go on with the case
>so that the law can take its cause. That it’s up to the IGP to reassign
>the case to another person or if IGP no longer wanted to proceed, he may
>withdraw his case. Lawyer Chime at this point applied for the case to be
>struck Out, saying: "Your Lordship I think after this submission this
>case be thrown out the court. The court will have no alternative but to
>strike out this case putting into consideration that the Prosecution is
>not ready to proceed with the case." In making his ruling on this
>application, Magistrate Mbai rejected the application of Lawyer Chime
>saying the accused person has three Lawyers and he expected at least one
>of them in court and lawyer Chime was only sent to hold brief for Lawyer
>Borry Touray. So he had no objection to the application filed by Cpl.
>Jammeh. So he then adjourned the case till the 10th March 2004. Trial of
>Lang Conteh and Co
>The Former Head of the Foreign Exchange Department of the Central Bank,
>Lang Conteh is facing two trials at the High Court in Banjul. The
>proceedings of both trials resumed on Wednesday 25th February 2004. In
>the first trial, Lang Conteh, Baba Jobe and Global Finance & Assets
>Management Ltd were charged with economic crimes contrary to Section 5,
>paragraphs (a), (b), (g) and (h) of the Economic Crimes (Specified
>Offences) Decree No. 16 1994. The matter is before Justice Paul of the
>High Court. In the second case Lang Conteh, Begay Ceesay, Betty Saine,
>Bintou Conteh, Mrs. Nyanya Joof and Wetchit/Faling Bureau de Change Ltd
>are facing similar charges of economic crimes. When both cases were
>called none of the accused persons appeared. The Director of Public
>Prosecutions then stood up to say that he was representing the state. He
>told the court that the accused persons had not been served on time. He
>applied to the court to grant them more time to prepare and serve the
>Defendants properly. The application was granted and both cases were
>adjourned till today 1st March. Interview with Halifa Sallah
>On Trips to Tanzania, France, Oil, Juwara, Baba Jobe and the Proposed
>Coalition Foroyaa interviewed Halifa Sallah on his recent trips to
>Tanzania, France, the issue of Oil, Juwara’s incarceration and Baba
>Jobe’s continued detention and the prospects of a Coalition. Halifa spoke
>about ethical conduct in running political parties and governments, the
>lack of commitments of government in developing countries and donors in
>the fight to eradicate poverty, the need to demystify the IMF and World
>Bank, the need for National Energy Commission as an Independent Public
>Authority to oversee the development to energy resources without
>compromising the environment. The need for President Jammeh to exercise
>his constitutional prerogative to release Juwara to defuse political ill
>feelings and his intention to write to the President and the Attorney
>General for them to act and prevent members of their cabinet from being
>held in contempt of the National Assembly. He argued that Gambia is still
>going through transition to genuine democratic and constitutional form of
>governance and proposed a Mass National Conference to create a
>consultative climate for peaceful coexistence of political parties under
>the control of a Strong C! ivil Society Pressure for decent and
>democratic political behaviour as well as the establishment of a
>political coalition that would not be under the dictates of any political
>party or personality but would respond to the demand of the situation in
>the
>Gambia. &nb
>sp; &
>nbsp;  
>; &nb
>sp; &
>nbsp;
>See Next Issue for the exclusive interview with Halifa Sallah. Standard
>Chartered Bank Claims Over One Million Dollars from YDE
>The Standard Chartered Bank has dragged the Youth Development Enterprise
>(YDE) to court claiming One Million, Two Hundred & Fifty Thousand
>Dollars from them. According to the Plaintiff, the amount is the said sum
>it paid under a Guarantee issued to KBC Bank Antwerp CH-Belgium on behalf
>of the Defendant. The plaintiff is also claiming interest on the said sum
>at the rate of 6% per annum from the date of payment until the Plaintiff
>makes payment. The Standard Chartered Bank is also asking for costs. The
>said civil suit is before Justice Abdou Karim Savage. Issues No.19/2004,
>4-7 March, 2004
>Editorial
>The Need To Register Gambians Abroad And Call For General Registration Of
>Voters The Independent Electoral Commission is engaged in a review
>exercise. The most urgent tasks are to get the Supreme Court to interpret
>section 42 subsection (6) to determine whether the president has power to
>remove a member of the commission from office without appointment of a
>tribunal of three judges of a superior court. The interpretation of the
>Supreme Court will determine whether amendments are needed or not.
>Secondly, section 11 of the Election Decree says "The commission shall
>prepare, compile and maintain in accordance with this part a register of
>voters for each constituency and voters in foreign countries." It is
>mandatory for a register of Gambian registered voters in foreign
>countries to be maintained. Political parties should engage in
>consultation with the IEC to effect this. Thirdly, the country has just
>gone through a census. There is need to review constituency boundaries
>and effect general registration of voters. In its former intention to
>scrap the IEC the executive came up with the idea of establishing
>Boundaries Commission since 2001. The Act to establish a Boundaries
>Commission, which is responsible for demarcation of constituency
>boundaries is yet to be enacted. In this regard the IEC was given the
>provisional role of carrying out the responsibility in consultation with
>the appropriate department of state. Before the constitution was amended
>the IEC was responsible for the demarcation of constituencies and had the
>machinery and competence to do so. Now the government had introduced
>reforms without backing its reforms with the establishment of structures.
>There is in fact no budget for a boundaries commission. Hence the IEC has
>responsibility to look at the finding of the census and begin
>consultation on the issue of demarcation of constituency boundaries.
>Central Bank Case Struck Out
>D68 Million Case Withdrawn
>D156 Million Case May Be Withdrawn
>Interesting developments have been taking place at the high court in
>Banjul. Criminal case number 4/2004 against Lang Conteh, Betty Samba,
>Begay Ceesay, Bintou Conteh, Nyanya Joof and Wachit/Faling Bureau de
>change limited has been struck out after two proceedings. None of the
>accused persons nor their legal representatives have attended any of the
>proceedings. At the first proceedings the prosecutor, DPP Akimoyae Agim,
>told the court that the accused were not served and asked the court for
>more time to properly serve the accused. At the second proceedings he
>applied to the court to strike out the case and the court accordingly
>granted the application. The reason the prosecutor gave was the accused
>have completed the payment of the D68 million to the bank with interest.
>For the information of the readers the accused were charged with the
>following offences: Count I
>Economic Crime contrary to Section 5(a) of the Economic Crimes (Specified
>Offences) Decree No. 16 1994 Particulars of Offences
>Lang Conteh and Bigay Ceesay between the years 2001 and 2003 at the
>Central Bank of The Gambia, Banjul being public officers to wit manager,
>foreign department and auditor respectively of the Central Bank of The
>Gambia, willfully and recklessly arranged and executed foreign exchange
>contracts on behalf of the Central Bank of The Gambia with Wechit/Faling
>Bureau de Change Limited causing loss to the Central Bank of The Gambia
>in foreign currency equivalent to 68 million dalasis. Count II
>Economic Crime contrary to Section 5(b) of the Economic Crimes (Specified
>Offences) Decree No. 16 1994 Particulars of Offence
>Betty Saine, Bigay Ceesay, Bintou Conteh, Mrs. Nyanya Joof and Lang
>Conteh being citizens and residents of The Gambia operating under the
>name of style of Wechit/Faling Bureau de Change Limited being a company
>registered and operating in The Gambia, in the course of transaction with
>a public body, the Central Bank of The Gambia to wit, contract to supply
>Central Bank of The Gambia foreign currency, between 2001 and 2003,
>intentionally caused loss to the Central Bank of The Gambia in foreign
>currency equivalent to 68 million dalasis. Count III
>Economic Crime contrary to Section 5(g) of the Economic Crimes (Specified
>Offences) Decree No. 16 1994 Particulars of Offence
>Lang Conteh and Begay Ceesay, while holding public office, to wit,
>Manager, Foreign Department and Auditor respectively of the Central Bank
>of The Gambia dishonestly abused your office for private benefits by
>securing and signing foreign currency contracts for and with
>Wechit/Faling Bureau de Change Limited, a company wherein you have
>interest and own part of the share capital. Count IV
>Economic Crime contrary to Section 5(h) of the Economic Crimes (Specified
>Offences) Decree No. 16 1994 Particulars of Offence
>Betty Saine, Bintou Conteh and Mrs. Nyanya Joof being citizens and
>residents of The Gambia under the name of Wechit/Faling Bureau de Change
>Limited acted in collaboration with Bigay Ceesay and Lang Conteh persons
>holding public offices to wit, Manager Foreign Department and Auditor
>respectively of Central Bank of The Gambia, to do acts detrimental to the
>economy of The Gambia or to the welfare of the people of The Gambia to
>wit, obtaining monies from Central Bank to supply it foreign exchange and
>failing to do so. Just before the case mentioned above was heard the same
>judge heard the second proceedings of criminal case No. 5/2004 against
>Lang Conteh, Baba Jobe and Global Finance and Assets Management Limited
>involving D156 million. As in the first proceedings the DPP again applied
>for more time since the accused persons have not been served because they
>have agreed to pay the sum of D156 million through the first accused,
>Lang Conteh. For the benefit of the readers the accused have been charged
>as follows: Count I
>Economic Crime contrary to Section 5(a) of the Economic Crimes (Specified
>Offences) Decree No. 16 1994 Particulars of Offence
>Lang Conteh, between the years 2001 and 2003 at the Central Bank of The
>Gambia, Banjul, being a public officer to wit manager, Foreign Department
>of the Central Bank of The Gambia, willfully and recklessly arranged and
>executed foreign exchange contracts on behalf of the Central Bank of The
>Gambia with Global Finance and Assets Management Limited causing loss to
>the Central Bank of The Gambian foreign currency equivalent to 156
>million dalasis. Count II
>Economic Crime contrary to Section 5(b) of the Economic Crimes (Specified
>Offences) Decree No. 16 1994 Particulars of Offence
>Baba K. Jobe and Lang Conteh being citizens of The Gambia in The Gambia
>operating under the name of style of Global Finance and Assets Management
>Limited being a company registered and operating in The Gambia, in the
>course of transaction with a pubic body, the Central |Bank of The Gambia
>to wit, contracting to supply Central Bank of The Gambia foreign
>currency, between 2001 and 2003, intentionally caused loss to the Central
>Bank of The Gambia in foreign currency equivalent to 156 Million Dalasis.
>Count III
>Economic Crime contrary to Section 5(g) of the Economic Crimes (Specified
>Offences) Decree No. 16 1994 Particulars of Offence
>Lang Conteh, while holding a public office, to wit, Manager, Foreign
>Department of the Central Bank of The Gambia dishonestly abused the
>office for private benefits securing and signing foreign currency
>contracts for and with Global Finance and Assets Management Limited, a
>company wherein you hold forty-nine percent of its share capital. Count
>IV
>Economic Crime contrary to Section 5(h) of the Economic Crimes (Specified
>Offences) Decree No. 16 1994 Particulars of Offence
>Baba K. Jobe being citizen and resident of The Gambia under the name of
>Global Finance and Assets Management Limited acted in collaboration with
>Lang Conteh, a person holding a public office to wit, Manager Foreign
>Department Central Bank of The Gambia to do acts detrimental to the
>economy of The Gambia or to the welfare of the people of The Gambia to
>wit, obtaining monies from Central Bank Gambia to supply exchange and
>failing to do so. Interview with Halifa Sallah
>On Trips to Tanzania, France, Oil, Juwara, Baba Jobe and the Proposed
>Coalition Foroyaa interviewed Halifa Sallah on his recent trips to
>Tanzania and France, the issue of Oil, Juwara’s incarceration and Baba
>Jobe’s continued detention and the prospects of a Coalition. Halifa spoke
>about ethical conduct in running political parties and governments, the
>lack of commitments of government in developing countries and donors in
>the fight to eradicate poverty, the need to demystify the IMF and World
>Bank, the need for National Energy Commission as an Independent Public
>Authority to oversee the development to energy resources without
>compromising the environment. The need for President Jammeh to exercise
>his constitutional prerogative to release Juwara to defuse political ill
>feelings and his intention to write to the President and the Attorney
>General for them to act and prevent members of their cabinet from being
>held in contempt of the National Assembly. He argued that Gambia is still
>going through transition to genuine democratic and constitutional form of
>governance and proposed a Mass National Conference to create a
>consultative climate for peaceful coexistence of political parties under
>the control of a Strong Civil Society Pressure for!
> decent and democratic political behaviour as well as the establishment
> of a political coalition that would not be under the dictates of any
> political party or personality but would respond to the demand of the
> situation in the Gambia.
>Foroyaa: Our readers would like to know why you went to Dar es Salaam,
>Tanzania? Halifa: You would recall that a representative of the Labour
>Party, UK visited the Gambia during the First Republic to discuss with
>all political parties with a view to identifying the party they share
>common ideas with. After she left they wrote to indicate that PDOIS has
>been identified as a sister party. Since then there has been a working
>relationship between PDOIS and the International Section of the Labour
>Party. Workshop on Party Ethics
>A meeting was convened in Dar es Salaam, Tanzania to which parties like
>ANC were invited, representatives came from South Africa, Namibia,
>Botswana, Uganda, Tanzania, Kenya, Cameroon and so on. The fundamental
>objective was to discuss about ethics and government and ethics and
>political parties. Foroyaa: Can you elaborate on the content of the
>discussion?
>Halifa: Tom Kevith, MP and Peter Watt from the Labour Party headquarters
>represented the Labour Party. It was made abundantly clear that the
>integrity of political parties and governments everywhere are being put
>to a test and that the moment has arrived for sister parties, especially
>those in Africa to collaborate and learn from best practice. We reviewed
>whether parties in government can become sister parties with those
>outside of government elsewhere. The answer was in the positive, that is,
>if they share the same principles, policies, programmes and practices.
>The need for a code of conduct to govern how members of the executive,
>parliament and political parties discharge their duties was highlighted
>to show that representatives of the people have both private and public
>lives. This public life is a contract between the representatives and the
>people. This contract imposes on representatives the duty to act in the
>interest of the nation as a whole; that they should not take decisions in
>order to gain financial or other material benefits for themselves, their
>families and friends, that they should not place themselves under any
>financial and other obligations that may obstruct or impede the proper
>performance of their duties. Representatives are required to carryout all
>public business with transparency and a! ccountability and accord duties
>and rewards on basis of merit. All public figures should be willing to
>submit to public scrutiny; they should be open to the press. They should
>at all times be ready to explain their decision and give information when
>demanded by the larger public in the public interest; people should be
>able to see that the private interest of representatives does not
>conflict with public interest. All private gains should be transparent
>and honestly acquired. Foroyaa: Did you make any special input?
>Halifa: Obviously, the outcome of a workshop is a collective output based
>on collective input. I did quote Sections 1 and 112 of the Gambian
>Constitution, which sums up the doctrine of the supremacy of the
>sovereign authority of the people and the supremacy of the public
>interest. Section 1 (1) "The Gambia is a Sovereign secular Republic."
>(2) "The Sovereignty of The Gambia resides in the people of The Gambia
>from whom all organs of government derive their authority and in whose
>name and for whose welfare and prosperity the powers of government are to
>be exercised in accordance with this Constitution." Section 112 – "The
>responsibilities of the members of the National Assembly shall include
>the following: - (a) "all members shall maintain the dignity of the
>National Assembly both during the sittings of the National Assembly and
>in their acts and activities outside the National Assembly"; (b) "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 by the dictates of conscience and the
>national interest." I emphasized that democracy in Britain is base on
>practice and statutory provisions but that sovereignty still resides in
>the British Monarchy according to tradition. That under our Republics
>sovereignty resides in the people and democracy is made mandatory by
>Republican Constitutions. I emphasized that our problem in most of our
>Republics is lack of practice of what is provided for by law and the
>making of laws that are contrary to the letter and spirit of Republican
>Constitutions. I emphasized that some people have come to a point that
>they see democratic provisions as intellectual exercise or utopian dream.
>These principles will of course continue to be disregarded by those who
>govern until the political will of the people is shaped by awareness
>building so that they will demand nothing less from their representatives
>but to promote their supreme interest or vacate their public offices.
>This is when democracy will become a way of life. It was emphasized that
>having mas! s support alone is not democratic support. Genuine democratic
>support is enlightened support of the masses. Only the culture of
>awareness will lead to governance on the basis of public interest. This
>is what will put an end to culture of impunity and selfishness in public
>office. Foroyaa: What is the way forward for governance?
>Halifa: In my view, it is the political will of people or lack of it that
>shapes the political will of government or the lack of it. What the
>masses decide no leader can defy it with impunity. Hence the first task
>is to have a sovereign people with awareness and integrity. Secondly,
>such people must form association with other civil societies to serve as
>social auditors of how the public trustees are performing their duties.
>They can raise their voices to protest against what is wrong. Checks and
>balances from below is indispensable in a genuine democratic society. Any
>leader who is afraid of the voices of an organized people, be it trade
>unions, farmers cooperatives, youths, women or constituents disqualifies
>himself/herself from being a genuine public trustee of the people.
>Thirdly, a country needs independent oversight public institutions
>specialized in monitoring the performance of public institutions and how
>the rights and freedoms of people are respected. Lastly, you need a
>leadership that recognizes the authority of the people at all levels. If
>any African country can establish such a society it will be an example
>not only for Africa but the world. If each sovereign citizens of a
>country knows that he/she is equally powerful in determining who are
>going to be the public trustees, if each realizes that it is their
>combined power which empowers one sovereign person among them to become
>the custodian of their collective authority and then exercise it on their
>behalf, none will claim ownership of state power on the basis of their
>religion, tribe, ethnicity, place of origin or gender. Each will be
>concerned with the quality of one’s decision to exercise one’s power and
>prerogative to select a public trustee. Needless to say, if each
>sovereign Gambian or African is concerned with selecting a public trustee
>who would put National Interest before Personal Interest we will have
>leaders who would be devoted to the national interest! . Each
>Gambian/African must see him/herself as a very important person then we
>will have very honourable leaders. The running of a nation is too
>important a function to leave entirely in the hands of a few leaders who
>can easily forget that they are just individual citizens who have equal
>sovereign power with others and who can easily transform themselves into
>monarchs. This is why the people must serve as checks to any monarchical
>tendency. This is the way forward to genuine democracy. It was observed
>by the participants at the workshop that people in many parts of the
>world have very negative impressions about politics. They see political
>figures as liars and corrupt persons. As a result even clean politicians
>are not seen to be clean because of the stigma. Consequently, once you
>mention the name of the person as a political figure people would say
>they are all the same. How to make policies clean should be the task of
>all those parties with people centered policies. It was pointed out that
>political parties can be damaged by their representatives in pubic office
>if they fail to back their promises with deeds; if they become corrupt;
>if they abandon their electorate while in office; if they fail to meet
>their concerns. We made mutual commitment to promote clean politics in
>our respective countries. Foroyaa: Did PDOIS have any input?
>Halifa: They had said earlier that people handling political offices
>should be honest when they are paid enough to meet their requirement. I
>informed them that in our own case we are trying to make people to give
>more confidence in political office by contributing a larger percentage
>of our National Assembly income to a constituency fund. They were further
>told that we see political representatives as social workers and social
>educators; that we operate what amounts to social clinics where people
>come to lodge their problems. We offer counselling, engage in advocacy
>and mediation to provide solutions. I emphasized to them that in dealing
>with the government we abide by the principle that we would do everything
>to urge it to do it best and legitimize our appreciation by trying to
>prove that its best is not good enough for the people. I also added that
>one reason why we do not have problem of integrity is because we see
>politics as a service instead of career. We do not see political office
>as an achievement but as a place of service; that we constantly tell the
>public that they should own their minds and should not support any party
>or person on the basis of sentiments, that we have moved the people away
>from seeing politics as a belief system and motivate them to see it as a
>tool for exercising their authority to determine how their country is
>managed; that instead of following the dictates of political parties the
>people are being encouraged to be critical thinkers so that they can be
>sophisticated decision makers. In short, democracy is about power and
>choice. Choice is about options and alternatives. To have power without
>knowledge does not enable the person to exercise his or her option to
>choose with wisdom. Awareness provides the key for the mature exercise of
>the power to choose. Once the comm! on people have the awareness to
>choose the best of options, the battle of democracy could be said to be
>won on the African continent. We reached a consensus that the meeting was
>an eye opener; that we should start a process on the continent that would
>lead to the genuine empowerment of the African people. Foroyaa: What
>next?
>Halifa: We will be exchanging civic education materials; policy documents
>and experiences to propose for a more intimate relationship if we agree
>on all the basics. PDOIS will strengthen its civic education programme so
>that it can contribute more to the clarity of the people at home and
>abroad. At this stage of the democratization process on the African
>continent clarity decides everything. It was apparent at the conference
>that PDOIS should take itself more seriously and contribute its quota in
>the carving of the collective destiny of the African continent. Foroyaa:
>Let us now turn to your trip to France. What was the purpose of the trip?
>Halifa: The fifth annual conference of the parliamentary network on the
>World Bank was held at the Palais du Luxemburg, the French Senate, in
>Paris from the 14 – 16 February 2004. 191 parliamentarians from all over
>the world participated. The conference was addressed by the president of
>the World Bank, the Deputy Managing Director, International Monetary
>Fund, the Minister of Economy, Finance and Industry of France, the UN
>Secretary General, Executive Coordinator for the Millennium Development
>Goal Campaign, Chairperson OECD’s Development Assistance Committee, the
>Commissioner for Agriculture of the European Union, the Minister of
>Commerce and Industry of Mali, Chief Secretary, Treasury Department
>Britain, Chief Economist, Senior Vice President, World Bank and many
>other personalities like the Director of External Relations of the Global
>Fund to Fight HIV/AIDS, Tuberculosis and Malaria. Many parallel workshops
>were also held. Foroyaa: Did you have any impact or was it just another
>conference?Halifa: I guess the other participants from the Gambia would
>be better judges of impact. However, I can say this much, that The Gambia
>was mentioned more times than its size would ordinarily warrant. I was
>given more chance than any participant to intervene in the debates. I
>therefore have no cause to complain about the participatory nature of the
>conference. Baba Jobe’s Trial
>"Is Baba Jobe Law Abiding?"
>Part 19
>CONTINUATION OF CROSS-EXAMINATION OF BABA JOBE
>The DPP with Mr. Marenah represented the state while Edward Gomez, Lamin
>Jobarteh, Lamin Camara and Mai Fatty represented the three accused
>persons. After announcing their representation the leading counsel for
>the defence appealed to the court to kindly permit him to have a word
>with his client, the first accused, Baba Jobe, in the dock. The trial
>judge, Justice MA Paul, refused the application on the ground that the
>accused and witness, Baba Jobe, was under cross-examination by the DPP.
>Baba Jobe then moved to the witness box and the DPP resumed
>cross-examination. Q: Have you written a letter to your attorney to
>terminate the power of attorney? A: Yes.
>Q: Do you have a copy of the letter?
>A: Yes.
>Q: Where is the letter?
>It was produced and handed over to the DPP. It is dated 1 March 2004. The
>letter was tendered with no objection. It was admitted and marked Exhibit
>206. Q: Who wrote the letter?
>A: My lawyer.
>Q: Where did you declare the power of attorney, Exhibit 205?
>A: At the police training school, where I am under custody.
>Q: Who and who were present when you signed the power of attorney,
>Exhibit 205? A: My wife and Lamin Fatty.
>Q: Was any of your lawyers there?
>A: No, my wife brought it to me.
>Q: Did you read it yourself?
>A: Yes.
>Q: Then why did you express surprise, here in court, on the 27th
>February, 2004 at the general nature of the power of attorney? A: It is
>because it was only supposed to address the issue of Julakay Engineering
>and Construction Company, which was mentioned by the power. He was given
>a copy of the power, Exhibit 205 and asked to read the second paragraph.
>The said paragraph indicated that thereafter, Honourable Baba Jobe asked
>his lawyer to prepare a power of attorney against Julakay Engineering and
>Construction Company. The DPP asked the witness to stop there. The DPP
>continued: Q: Honourable Jobe, I put it to you that you were not being
>truthful when you expressed surprise on 27th February 2004. A: It is
>because at the time of signing my understanding was different from what I
>have now come to understand. Q: Mr. Jobe, with all your experience as
>house majority leader of the national assembly, businessman and all your
>functions, you want to tell the court that you signed a document without
>understanding its content? A: I said, even though I understood it, it was
>not as in the court here today. Q: Now, did the power of attorney render
>the account of its purpose? A: Yes, my lawyer explained the possible
>implication of the general nature of the power, including all my
>properties. It was then that I decided to withdraw it. My lawyer told me
>that he had visited the bank, had discussed the issue with them and had
>reached an understanding with them also. Q: Then why did you ask the rest
>of your lawyers to ask Mr. Fatty to give them an account of what had
>transpired? A: So that they can register it.
>Q: Honourable Jobe, this attitude of yours is calculated to embarrass
>your counsel, Mr. Fatty. A: Not at all, it is meant to put things in
>their right order.
>Q: Since that day, did you see eye to eye with Mr. Fatty?
>A: Yes.
>Q: Did he tell you that he was embarrassed by your action?
>A: No, because I have explained why I did so.
>Q: Honourable Jobe, I put it to you, your power of attorney was meant to
>block any possible conviction or confiscating all your properties from
>seizure by court order. A: It was meant for my relation with Julakay
>only.
>Q: Mr. Jobe, I further put it to you that you have never liked to be law
>abiding. A: I am law abiding, which is why I am in court.
>Q: Is it lawful for any body to bring goods in the country without paying
>duties to Customs and GPA? A: No.
>End of cross-examination.
>The trial judge then asked Mr. Gomez, the leading defence counsel, if
>they had any other witness since it was just midday. Mr. Gomez said in
>response, "My Lord, we have already summoned four witnesses to appear
>before this court. The witnesses summoned are all very aware of the
>issues surrounding this matter since all of them in one way or the other
>played a role in or towards the operation of YDE. My Lord, these
>witnesses are the Secretary General, Office of the President, the former
>SoS of Finance and current Governor of the Central Bank, Famara Jatta,
>who is said to be presently out of the country and is yet to be back, the
>former Governor of the Central Bank, Clark Barjo, who in fact should have
>appeared today, and the last is the former PS for Finance, Bammy Jagne,
>who is the current ambassador of The Gambia in the USA. My Lord, we have
>served all these witnesses since the 23rd of February, 2004. So My Lord,
>if the court is faced with any possible!
> delay, that could or must not be seen to be caused by the defence." At
> this point, Justice Paul asked Mr. Gomez when the witnesses were
> summoned. Mr Gomez in response said on 23rd February, 2004. He further
> asked when the defence entered their case and gave information on the
> list of witnesses. Mr. Gomez indicated that that was done since the 3rd
> of February, 2004. At this point, Justice pointed out that the defence
> should have summoned the list of witnesses on 3rd February, 2004 to
> prevent such a problem. Mr. Gomez noted that since the 3rd of February
> defence witnesses have been giving evidence. He did not think any body
> might be right in putting the defence at fault for this. He added that
> had it not been for the illness of Mr. Barjo, he would have been in
> court since the 25th of February.
>The DPP for his part said there is no mention of the names of the former
>SoS of Finance and current Governor of the Central Bank, as well the
>current Governor among the names of witnesses submitted. For Bammy Jagne,
>the DPP said since he had been acting as the PS Finance and not as an
>individual the proper thing to do would be to call the current PS. He
>added that Bammy Jagne would not be coming. Justice Paul intimated to the
>defence that should no witness appear for the defence on the 3rd, 8th,
>9th and 10th of March, the court would not be stopped from proceeding to
>do what it is having in mind. The DPP at this point stood up to assure
>the court that the Secretary General, Alieu would appear on 3rd March
>2004. At this point the case was adjourned till 3rd March, 2004.
>
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>--
>Chi Jaama
>Joe Sambou
>
>
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