ISSUE NUMBER 4/2004, 12-15 December, 2004

Editorial

Justice to All, Injustice to None!!

The quality of justice of a country is best determined by its capacity to
render justice to those who deprive it of others.

This is the best way to make them to repent. When perpetrators of injustice
are treated unjustly with public approval they feel absolved and consider
society to be a jungle where the fittest survive. They simply yearn for the
day when they will have the upper hand to be the hangman rather then being
hanged.

One could see how Sergeant Doe spent his last days in Liberia crying for
mercy while his ears were being cut. Can you imagine what would happened had
he escaped and found Prince Johnson in his hands? Two Injustices do not add
to give us Justice. No society can live in peace with itself unless it
renders justice to all without fear or favour, affection or ill will. This
is the verdict of history and it is irrevocable.

Infact, the very reason why we have refused to associate ourselves with any
pseudo revolutionary government or movement is their capacity to sink to
extremities and impose a culture of impunity in the name of rectification.
It is this infiltration of socialist and revolutionary movements by
monarchists who believe in the personalization of power rather than
empowering the people, which has tarnished the image of all those who wish
to provide the eradication of the oppression and exploitation of human
beings by human beings, which is the aim of every good religion and every
just human being. Republicanism is noted in the quality of all sovereign
citizens of a country. It is inconceivable without the equality of sovereign
power by all citizens. Power is exercised by entrusting functions to other
citizens to perform in the collective interest. Such entrusted authority
should be exercised according to the dictates of law in the common interest.
It should never amount to usurping the power of the sovereign people and
getting everyone to act according to one’s whims and caprices or be crushed.

In our view, there is no need for anyone to defend or indict Baba Jobe by
press or public opinion. He is indicted before a Justice System and is on
trial. If other charges are brought against him they should be subjected
before the hearing and judgment of the court.

All Foroyaa is saying is that we must not go back to so-called people’s
courts and populist executive decisions, which led Sergeant Doe and Co. to
send their captives before the firing line even before they could determine
their innocence or guilt, only to become robber barons and hangmen who
emptied state coffers and sent the innocent to the gallows.

This era of pseudo saviours, which gave birth to the Does, the Menghistus
and Nguemas should come to an end.

What is needed is an era where executive power is restrained and justice
delivered by those who can do so with independence and impartiality, obeying
no command but, the dictates of law and conscience and subject to scrutiny
for mal-administration by a body specialized in that regard. A country where
justice can thrive is one where the hands of law enforcement officers, the
courts and the bar are not fettered by executive interference.
We hope that the government will listen and promote the principle of Justice
to All and Injustice to None. It is then that justice can take its natural
course!! Once that culture of justice prevails, government may come and go
but all must maintain it or face the wrath of the people. This is the way to
preserve our common liberty and build the open and democratic society where
there will be no fear of intimidation or injustice.

Inspector General of Police & The Attorney General Charged with Contempt of
Court

Mai Fatty, Counsel for the following detainees, Baba Jobe, Lamin Fatty, Sula
Jobe, Sheriffba Jobe and Modou Fofana, on Friday filed a legal suit before
the High Court, demanding the court to make an order that will send the
Attorney General and Inspector General of Police to jail for Contempt of
Court.

Sources have it that Lawyer Edu Gomez will lead the Defence team, which was
led by Lawyer Ousman Sillah, on Thursday’s hearing.

Readers could recall that Justice Wallace Grante had made a ruling on 31st
December, demanding the unconditional release of Baba Jobe and his
colleagues from custody.

However, the Police did not heed to the court order, arguing that they did
not receive the Court Order to that effect. The Police also stated that Baba
Jobe’s continuous detention is under the Anti Terrorism Act. However the
Police quoted no section of the Anti Terrorism Act. The Police also stated
that they would release the detainees if they receive the Court Order. Mai
Fatty had earlier refuted Police claim that they did not receive the court
order.

Trial of Modou Soma Jobe

Part 1

On Thursday 8th January 2004, the Farafenni Magistrates’ Court was crowded
with hundreds of people, when the news saturated that Momodou Soma Jobe’s
Case is to be mentioned in Court.

Ex-commissioner Jobe, who is facing Three Counts of Stealing by a Civil
Servant, is a brother to the embattled Majority Leader Baba K. Jobe. The
charges were read to him as: Count One, stealing by a public officer, that
is, in his capacity as Commissioner NBD stole 201 bags of Sugar and 201 bags
of Rice, valued at D164,180.00, Count Two stealing by public servant, that
is, in his capacity as Commissioner NBD stole a Pick-up with registration
number GG 2157, valued at D250,000.00 Count Three that is in his capacity as
Commissioner NBD stole 3 Refrigerators meant for incubators at the AFPRC
Hospital in Farafenni, valued at D19,700.00 When the Presiding Magistrate
E.F. Mbye asked the accused for his plea, he pleaded not guilty to all the
charges.

At this point, the Defence Lawyer E.A Gomez applied for an adjournment
stating that the case had been transferred to Farafenni from Banjul, so he
needed time to prepare his defence. He went on to apply for his client under
the conditions of the previous bail in Banjul. Magistrate Mbye dismissed his
second application saying he did not know the conditions of the accused’s
previous bail. After a short push and pull between Magistrate Mbye and
Lawyer Gomez, Soma Jobe was granted bail on new conditions at the tune of
D500,000.00 with Two Gambian Surties with Landed Properties in the Farafenni
area. The case is adjourned till January 21st and 22nd.



ISSUE NUMBER 5/20

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