ISSUE NUMBER 3/2004, 8-11 December, 2004

Editorial

On the Detention of Majority Leader Baba Jobe

Equality before the law is a fundamental principle of jurisprudence in a
society, which upholds the sovereignty of the people. To treat a person
without regard for his/her fundamental rights under any pretext is an act of
tyranny.

Those who remain silent when their neighbour’s house is on fire should not
be alarmed when theirs catch fire. Injustice anywhere should be denounced by
people everywhere. Persecution is different from retribution.

On the scale of justice the weight of retribution is equivalent to the
weight of transgression. This is determined not by the accuser but by the
independent and impartial adjudicator. To met out punishment without
determining guilt is outright persecution of an accused person. Those who
claim that Baba Jobe is reaping what he has sown are simply displaying their
lack of commitment to democratic principles. It is proper to criticize the
wrong doings of other but not to condone the wrong done to them. Herein lies
the principle of equity for the just person. To do wrong to those who have
allegedly done wrong instead of bringing them to justice is to promote a
culture of impunity. No person who wishes to live in a civilized society
should entertain the law of the jungle where might becomes right.

Section 19 of the Constitution speaks without any ambiguity. It states that:

"Every person shall have the right to liberty and security of person. No one
shall be subjected to arbitrary arrest or detention. No one shall be
deprived of his/her liberty except on such ground and in accordance with
such procedures as are established by law."

It adds:"Any person who is detained upon reasonable suspicion of having
committed an offence and not released shall be brought before a court
without undue delay, in any event within seventy two hours."

The reasonable time established by law for detaining a person without trial
is seventy-two hours.

The Constitution is categorical in stating that if a person is not brought
for trial within seventy-two hours he/she shall be released either
unconditionally or upon reasonable conditions. Hence it stands to reason
that a government, which respects the law would not wait to be told by a
court to abide by the Constitution, which the executive swore to uphold and
defend. Suffice to say that only a government, which holds the Constitution
in contempt would defy the order of a court aimed at protecting fundamental
rights and freedom without fear or favour, affection or ill will.

Some people claim that Baba is being held because of suspicion of commitment
of act of terrorism, which includes under section 2 of the Anti Terrorism
Act, acts which "may seriously damage a country or an international
organization is intended or can reasonably be regarded as having been
intended to:

Intimidate a population;
Seriously destabilize or destroy the fundamental political, constitutional,
economic or social structure of a country or any international organization;
Otherwise influence a government or an international organization,
Acts of terrorism further involves or causes:

Attacks on a person’s life, which may cause death;

Attacks on the physical integrity of a person including rape, forcible
deprivation or taking of a person’s property, kidnapping, extensive
destruction to government or public facility, seizure of aircraft;
manufacture, possession, or use of explosives, weapons; release of dangerous
substance or causing explosions or fires, disruption of power or water
supply; computer systems and services related to communication; banking
utilities, transportation and other key infrastructure;

Acts of terrorism include any threat to public security or national defence
or any disruption of police, civil defence and medical services in case of
emergency.

No Justification for Indefinite Detention without Trial

The claim that a person can be detained indefinitely without trial under the
Terrorism Act is a farce. Section 57 subsection 1(e) simply states that a
Police Officer not below the rank of Superintendent may "arrest and detain
any person whom he reasonably suspects of having committed or of being about
to commit an offence under this Act." That "a person found on any premises
or place or in any vessel, aircraft or vehicle may be detained by a Police
Officer or a member of the National Guard until the completion of the search
under subsection (1)."

This may be misconstrued to mean that a person may be detained for more than
seventy-two hours without court appearance. Subsection (7) of Section 57
however, made it abundantly clear that "nothing in this section shall be
construed as derogation from the lawful right of any person in the defence
of person or property."

Nothing is more significant than the right to liberty. This must not be
seized with impunity.

It should be borne in mind that a government, which ceases to respect the
law and its procedures is bereft the moral authority to accuse others of
infringing the law. Such a government must be seen not to be operating
according to the dictates of conscience or the National interest. Gambians
should not aim to build a country where we justify injustice perpetrated
against those who persecute others. On the contrary, we should seek to build
a country where both government and the governed would be too just to
perpetrate injustice. Then we would have abolished the law of the jungle and
won the battle of civilization.

Sectoral Review of President Jammeh’s Interview

On Operation No Compromise

The President declared that there will be Zero tolerance for Corruption!
Zero tolerance for Nepotism! Zero tolerance for Tribalism!! Let us now take
each of these subjects and make a review of his claims.

On Corruption

The simple and elementary truth is that corruption cannot be addressed
without accountability and participation of the people in social auditing.
Personal commitment to end corruption is meaningless if it is not linked to
the development of the necessary institutions and practices to back words
with deeds. Anti Corruption Strategy should not amount to vendetta but a
means to ensure that resources go into productive use so as to promote the
general welfare of people. Anti corruption drive is meaningless if it is
designed to preach honesty without giving people to live better lives
through honest avenues. Infact, this is the notion that people have of
PDOIS’s call for service to the nation. It is assumed that there will be
anti corruption drive while the avenues for survival remain stagnant. The
people must see avenues for a better life by sacrificing to ensure greater
productivity. This would require good example from the top and real
sensitivity to the situation of those whose earnings are too low to meet the
cost of living.

In our view the government is yet to understand the basic elements of
fighting corruption. Consequently the first thing is not put first.

It is the desire for accountability, which gave birth to the slogan "No
taxation without representation". This gave rise to the Republican system of
government where sovereignty lies with the people. Consequently, leaders
must derive revenue from the people and utilize it to promote their welfare.

Accountability under such a system is inconceivable without the people
knowing what is coming from them and how it is utilized in their interest.
The first act to combat corruption by leaders of a Republic is doing away
with the personalization of state resources. A President cannot simply give
the impression that any development is a gift from him. The people must know
what is derived from their taxes, what is coming from a grant and what is
derived from loans. The people should know that Presidents are mere managers
of their resources who should render account to them rather than behave like
benevolent and omnipotent gods who bring resources like magic from the blue
sky.

To ensure accountability the first institution to build and safeguard is the
office of accountant to keep proper records of the operation of the finances
of government. Secondly, an Independent office for auditing the accounts
must be established. Members of the executive who may mismanage funds should
not have any power to remove such an Auditor from office. Since ultimate
accountability in a Republic is due to people, the findings of such public
auditors must be known to the public directly or through their chosen
representatives. This is how to ensure public accountability.

What President Jammeh should tell the Gambian people is why there has never
been an Auditor General’s Report on the finances of government covering the
period 1992 to 2002. This is over a decade and he has been in office since
1994, which is nine years. It is clear from the estimates of government
revenue and expenditure that what is actually spent since the regime came
into office has never been established by audited and certified accounts.
This is the height of the lack of accountability and a breeding ground for
corruption.

Let us give the President examples of the dangers of not subjecting
government expenditure to annual auditing after the preparation of its
annual financial accounts.

Under the Miscellaneous Budget, D50 million was spent in 2003 from the
settlement of confirmed outstanding debts and D20 million is estimated for
the same item in 2004. What does this mean but the financing of unauthorized
expenditure after it is incurred?

In 2003 an estimate of D40 million was allocated as provision for below the
line expenses. What does this mean but legitimizing unauthorized
expenditure? Without an Auditor General’s scrutiny of the finances of
government there can be no credibility to any government commitment to
fighting corruption.

Suffice to say that there are many allegations of mismanagement of the
Central Bank and even the recently established Gambia Tourism Authority.
These institutions are supposed to make annual reports, which should be
submitted to the National Assembly for scrutiny. There are documented
reports of excess money in circulation. Proper auditing of the Central Bank
and subsequent reports to the National Assembly would have led to the
identification of anomalies before they lead to crisis of confidence.

Hence it should be clear that the President’s Zero tolerance for corruption
has been declared after many Millionaires have emerged from the APRC
stalwarts. The external shock of the lack of accountability of government is
the suspension of the Poverty Reduction and Growth Facility Programme with
the IMF. Instead of blaming others for wishing evil for the country, the
President should be humble to accept that his government has failed to
adhere to the principles of transparency and accountability. This is the
Incontrovertible Truth.

Momodou Soma Jobe’s Trial to Resume Today Thursday

The Ex-commissioner Mr. Momodou Soma Jobe, who is facing charges of Stealing
by Civil Servant was supposed to appear in court on Wednesday the 7th
January 2004. In expecting the case the courthouse was filled to its
capacity by members of the general public. Many people started to feel
nervous when other cases were mentioned and not that of Momodou Soma Jobe.
During the court break this Reporter decided to ask the Court Officials who
told me that Soma Jobe’s case id to resume in court on Thursday but failed
to say the change and how many counts is he facing.

Foroyaa would cover the Thursday’s proceedings.

The Analysis of the Budget Speech 2004

Part 4

In 1998 groundnut production increased to 81,000 metric tonnes. Total
exports in 1998 were D171 million, with groundnut products constituting 53%
of total exports of D91 million. The government claimed that the lack of
proper funding arrangement for the agriculture sector was a major
impediment; that funding mechanisms were being arranged and assured the
nation that funding will be provided by the European Union under the
Autonomous Credit Project. However, in 1998 the Cooperative Union had been
driven to bankruptcy and had to be liquidated.

This deprived the government of the opportunity to contribute to the
efficient marketing of groundnuts. The government had given the impression
that the Cooperative Union will be transformed into a marketing and consumer
cooperative, which will import goods and sell them at reasonable prices to
the farmers. Everything was transformed into a party affair. People
disappeared with monies received from the sale of onions and rice as local
agents of the Cooperative Union. The D183 million deficit of the Union
reflects what could have been achieved in groundnut marketing if there was a
transparent, accountable and financially disciplined government. By the end
of the 1998/99 trade season the groundnut industry was in a state of limbo.

In 1999 the SoS Finance and Economic Affairs informed the nation that the
groundnut trade had deteriorated and reached the worst level for over a
decade by registering a decline of 20%. May we add that this is due mainly
to the crisis, which developed between GGC and the government?

The government gave the impression that it was going to nationalize the
Denton Bridge and Kaur facilities to revitalize groundnut trade by seizing
the GGC properties. Instead it reached an out of court settlement of 11.4
Million Dollars with GGC/Allimenta and had to agree to prepare the
facilities at Denton Bridge and Kaur for privatization.

In 2001 the government gave assurances that the EU and the Agribusiness
Service Plan Association are working together to recognize the primary
cooperative societies so as to facilitate groundnut production and marketing
as well as the extension of credit facilities to producers. The farmers
produced 151,000 metric tonnes of groundnuts during the 2001/2 season, but
the marketing constraints persisted giving rise to credit buying.

The SoS again assured the nation in his very words that "succinct strategic
plans are set afoot to redress the problem." The President gave the
impression that the 39 tractors brought would enable Gambia to launch
"operation feed the nation." Instead of operation feed the nation, what took
place regarding the groundnut trade is "operation fill the pockets of party
stalwarts."

Hence in 2002 the government again acknowledged that the difficulties
experienced in groundnut marketing culminated in credit buying. Assurance
was again given that "to address the problem for good, the government and
its development partners have elaborated strategic plans to enhance the
efficient and effective marketing of groundnuts."

The 2002/03 trade season was devastating because of the poor harvest.
Groundnut production experienced its worst decline from 151,000 metric tones
in 2001 to 71,526 metric tones in 2002, a decline of 53%. This is attributed
to the rain patterns in 2002.

In 2003, 49 tractors were added to the remaining 30 old tractors out of the
39 initial tractors. An agricultural mechanization unit was established.
However, by August 2003, we are told that only 2800 hectares of available
land were ploughed countrywide.

Suffice it to say that even though there is anticipation of a bumper harvest
government has not developed any significant partnership to facilitate the
efficient and effective purchasing of groundnuts.

The private buyers lack finance. The banking system seems skeptical in
rendering finances for groundnuts. It is more lucrative to invest in
Treasury Bills. Hence government is contemplating Central Bank financing of
the private buyers.

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