FOROYAA NEWSPAPER BURNING ISSUE
  Issue No.99/05 (28 Dec, 2005 - 3 Jan, 2005)

  Editorial
  Removal of Mayor Is Provided By Law  The preamble of the constitution stipulates that the constitution affirms our commitment to freedom, justice, probity and accountability.” The Jammeh regime shows total disregard for this. It has not explained what it is doing at KMC.
  Reports have it that a letter purportedly emerging from the Department of State for Local Government, which was read at a meeting of councillors, indicated that the position of Mayor is vacant. In fact the very appointment of an Acting Mayor when the Mayor is around presupposes the presumption that the Mayor has been removed and the position vacant. Although the public has never been told that Mayor Conteh has been removed from office it follows from the developments mentioned above that he has been removed from office by the executive.
  Needless to say, according to section 19(1) of the Local Government Act a person shall cease to a member of a council upon death, revocation, resignation, disqualification to be nominated for election, resolution by the council and absenteeism.
  Where abuse of office, corruption or misconduct is alleged, section 20 of the Local Government Act can be relied on. Section 20 (1) states among other things that a chairperson or Mayor may be removed from office by a council, by a resolution supported by two thirds of all the members of the council on any of the following grounds:
  (a)abuse of office;
  (b)corruption;
  (c)misconduct; or
  (d)such physical or mental incapacity as
  would render him or her incapable of discharging the duties of the office.
  The KMC has not passed such a resolution. Infact, in order to remove the Mayor in this manner, a notice in writing signed by not less than two thirds of all members of the council stating that they intend to remove the Mayor should be submitted to the Deputy Mayor who shall forward a copy to the Secretary of State for Local Government.
  Such notice shall set the particulars of the charge, supported by the necessary documents, where applicable, on which it is claimed that the Mayor be investigated for the purpose of removal.
  The Secretary of State for Local Government shall, on receiving such notice, suspend the Mayor, investigate the allegations contained in the notice and report its findings to the President. Meanwhile, the council has power to appoint an Acting Deputy Mayor when the Mayor is suspended in this circumstance. They relied on this provision to appoint Mr. Colley as Deputy Mayor. May be they should have first considered whether their elected Mayor’s removal from office was proper.
  It is evident from the above that central government is not interested in empowering the people and it is not interested in devolution of power. On the contrary, it is bent on greater control of the councils centralisation of power. This is contrary to the letter and spirit of the constitution, which states in Section 193: “Local Government administration in the Gambia shall be based on a system of democratically elected councils with a high degree of local autonomy.”


  BRIKAMA DEMOLITION CAUSES HARDSHIP
  By Bubacarr K. Sowe
  The artificial Tsunami that descended on Kembujeh Madina (a suburb) in Brikama has left several hundred of residents homeless. On Thursday, a group of state agents accompanied by officials of the police intervention unit, used bulldozers to reduce over sixty compounds to rubbles.
  The eyesore, which was witnessed by our reporter, left several hundreds of people homeless. Readers could recall that several compounds were demolished some months ago by agents working for the state.
  However the latest exercise which took place on Thursday has come under sharp criticisms from the residents who felt they have nowhere to dwell in presently.
  This reporter who witnessed the demolition on Thursday saw the implementers of the edict who were guided by personnel of the Police intervention unit, demolishing settlements while aggrieved and helpless settlers tearfully watched on.
  According to one Fatou Jabang, the horrific act has left her family in a hopeless situation without a house. She asked: “Is this the way to help the poor and the women?
  They have destroyed our house; we have no source of employment to depend on for our survival. We struggled to feed and pay the school fees of our children. Today, we don’t have anywhere to be. All my belongings are scattered outside. No home. No house.’ Fatou said while sobbing.
  Turo Jawneh, a victim said:“We can not say anything on this. It has happened, and it has caused great lost to us. My brother wanted to challenge the act in court.”
  Isatou Jabang who found it difficult to express herself, said the government should consider the plight of the poor people who struggle to live from hand to month.
  Another victim, Omar Kongira said they have forwarded the matter to the Physical Planning Office in Brikama and the Brikama Area Council nine months ago, but their efforts have proved fruitless.
  Saikou Sanyang a teacher decried that the magnitude of agony caused by the act is immeasurable. He said they have struggled several years to build a house, only for it to be destroyed by the authorities.
  We will contact the commissioner of Western Division Abdou FM Badjie on the issue.


  COURT OF APPEAL GIVES JUSTICE PAUL THE GO  The Gambia Court of Appeal, by a majority decision, disallowed the appeal of Halifa Sallah, Omar Jallow and Hamat Bah. These three executive members of NADD were arraigned before Justice Paul on 18th November 2005. When they were asked to make a plea they told Justice Paul that they were not served. They also questioned his impartiality. However, Justice Paul proceeded to enter a plea of not guilty for each of them and remanded them in custody.
  This proceeding gave rise to an appeal to the Gambia Court of Appeal. In their appeal the three appellants asked the court to set aside the proceedings of 18th November presided over by Justice Paul. They also asked the court to transfer the case to another judge. They argued that they were not served as required by law and they were not expecting an impartial hearing from Justice Paul.
  The appeal was heard on 15th December and judgment was delivered on 21st December, 2005. The appeal gave rise to two issues. The judges drew diametrically opposed conclusions on the two issues. Justice Savage and Justice Agim took the same position while Justice Izuako took an opposite position. Justice Savage read the majority decision. The first issue before the court was whether the three appellants where afforded a fair hearing or not. According to Justice Savage the appellants were afforded a fair hearing. He maintains that in this case in a criminal appeal, there must be substantial error leading to miscarriage of justice to warrant them to allow the appeal. In this case he said there is no substantial error and no miscarriage of justice when the judge proceeded with the trial even though the appellants were not served. He further argued that the trial judge, Justice Paul, had the discretion to proceed even though the appellants were not served. He therefore concluded that he
 was in order. The second issue relates to whether or not the judge should be recuse.
  He further argued that in order for the judge to be recused from the case upon allegation of impartiality or the likelihood of impartiality there must be proof. He pointed out that the appellants failed to prove their allegations by the production of any document. He concluded that since the court cannot rely on mere suspicion it cannot therefore allow the appeal. This judgment was supported by Justice Agim who until recently was the Director of Public Prosecutions (DPP).
  Justice Izuako then presented her own judgment, which came to a diametrically opposed conclusion. She noted that two issues arise in the appeal (1) fair hearing, (2) whether or not the judge should be recused from the case. According to her, non compliance with the procedure of serving the appellants contravenes section 24 of the Constitution, which protects fair hearing. This demands fair treatment. She argued that failing to do so would make a prosecution incompetent, noting that the defendants should not be taken by surprise in the proceedings. She countered the view that the court has the discretion to ignore the procedure. She maintained that no court exercises discretion on fundamental rights, noting that fair hearing is a fundamental right. She argued that it was not proper for the judge to enter a plea of not guilty for the three appellants.
  On the issue of recusing the judge from the trial she noted that there were pages of unhealthy exchanges between the judge and the appellants. She pointed out that every judge must seek to do justice, noting that litigants must have confidence in the court. She pointed out that the safest thing to do under the circumstances was for the judge to recuse himself from the case. She added that proof of bias is unnecessary. That the exchanges and the language used in the proceedings revealed likelihood of being biased. She concluded that there would be substantial miscarriage of justice. The appeal must therefore succeed. She allowed the appeal and ordered that the appellants be arraigned before another judge.
  The effect of all these judgments is that the majority judgment stands. This means that Justice Paul will continue with the trial. Once the Court of Appeal is ready with the records, the Registrar of the Court of Appeal will hand them over to the High Court with the necessary directives for Justice Paul.
  The appellants however still have the right to appeal to the Supreme Court against the judgment of the Court of Appeal and this court has power to order a stay of proceedings until the final determination of the appeal. This is how matters stand.

  INTERVIEW WITH HALIFA SALLAH  ON NADD AND LESSONS FROM ARREST OF NADD EXECUTIVE MEMBERS  FOROYAA: It is a popular demand that we talk to you especially on issues regarding the NADD leadership?
  Halifa: I wish people would speak to me as coordinator before formulating opinions on NADD. NADD is a complex organisation with members sharing diverse opinions. Democracy requires such opinions to bloom and contend each other. This can take the form of a calm or heated debate. What matters is the official decision taken on any particular issue. It is such decisions and conclusions that I have the mandate to convey to the general public as the position of NADD.
  Foroyaa: The introduction aside, is NADD in disarray?
  Halifa: This question has been answered months ago. NADD can never be in disarray. When it was first alleged people were questioning whether we will stand as NADD candidates or return to our original parties. I guess history has laid all the speculations to rest. NADD has three National Assembly members and a councilor. It is the official parliamentary opposition in the country. NADD is more consolidated than it has ever been. I continue to emphasize to people that after ten by elections NADD is leading in popular votes. This should not be treated as ordinary information. When one considers the voter apathy or purchase of voting cards to prevent people from voting one is bound to conclude that the APRC has already lost the electorate. What is now left is whether NADD will be able to grow to earn the confidence of all those who have abandoned or are ready to abandon the APRC once they see a force that can enlist their confidence. This is the challenge before NADD.
  Foroyaa: That is a rosy picture. The information reaching us from the internet indicates that there are some internal conflicts, which are surfing.
  Halifa: Can you be more specific?
  Foroyaa: It is written somewhere that Ousainou Darboe refused to defend you despite the intervention of Mr. Hassan Musa Camara?
  Halifa: I am sure people who know my history will not find it difficult to know why I defend myself in court. I am a political figure and I have never been taken to court for any other reason other than matters associated with my political opinions and actions. In the past I have defended myself in court. It would have been strange if I changed that practice in this instance. There is no issue between Darboe, Hassan Musa and myself on the issue of the trial.
  My positions and that of the defence team complemented each other. In my view, taking into consideration the massive publicity that I ran away because of subversion, credibility would have been lent to the allegations if I depart from my usual practice of defending myself in person. I have enjoyed respect from all executive members of NADD, otherwise I would have either resigned as coordinator or be removed by the other members.
  Foroyaa: The second allegation is some do not accept NADD’s present status and that the flag bearer issue in still a problem?
  Halifa: NADD is a complex entity. It was given rise to by five political parties. The Supreme Court later made it clear that the National Assembly members who were members of NADD had abandoned their parties. By election had to be held in the four constituencies. The members who had lost their seats had the option to abandon NADD and go back to stand in the name of their original parties or stand as NADD candidates. The Executive Committee of NADD met to decide how to save NADD and the other parties. It was a general view that some executive member must remain in NADD and other registered members of NADD may reign to be caretaker executive members of their original parties. The political parties engaged in consultation and finally came to a decision on who should stay in NADD and who should be in the executive of the original parties.
  The four candidates accepted to be NADD candidates after consultation with their parties and electorate.
  They received the backing of their original parties and the NADD electorate and won.
  After the by-elections NADD was faced with the challenge of the arrest of executive members. The executive members decided to promote the agenda of an olive branch revolution by counselling the supporters not to engage in riots. We succeeded in winning National and International Solidarity.
  At this very moment NADD has put the issue of a flag bearer on the agenda. Hence NADD is definitely not in disarray.
  Foroyaa: Let us state it concretely. It is said on the internet that Ousainou Darboe has declared his intention to separate from the executive members of NADD?
  Halifa: I have indicated that in order to give continuity to NADD and the other parties members of the executive were left to engage in consultation with their original parties to determine which members would oversee the existence of NADD.
  Individuals and parties may raise issues with the NADD leadership. Such issues are being subjected to debate and when conclusions are reached NADD will be transparent in giving clear information to the public. There is no need to speculate. The facts will be made known as soon as conclusions are reached.


  GAMCO YET TO COMPLETE 2004/05 TRANSIT  Reports reaching this reporter from the south bank of the GGC Depots in Basse indicated that Gamco still has a total of a little over 4000 tonnes of groundnut stored there.   The source states that there is a left over of 4000tonnes of groundnuts at depots on the south bank, but could not give details.  The source also indicates that the nuts in the Basse depot are already infested.  When asked the value of 4000 tonnes against last year’s producer price of D9000 per tonne, he gave out figure of D36000, 000.
  Readers would equally remember that in an interview with Garba Jallow the former Managing Director of the defunct GPMB, informed this reporter that until the 17th of August, 2005, Gamco was still owing two banks the sum of D90 million.

  FIVE CALLED TO THE BAR
  On Tuesday 20th December 2005, five Gambian lawyers were called to the bar in a rather low profiled ceremony. The ceremony was conducted in the absence of the Acting Chief Justice, Gibou Janneh of the Supreme Court, Justices Izuako and Yamoa, the President of the Bar Association, Musa Bittaye was also absent. The judges who were on the bench were Justices Savage and Belgoreh of the Court of Appeal, two High Court Judges, Paul and Roche.
  Following the Swearing in of the five lawyers namely Aminata Jawara, Buba Jawo, Njammeh Jallow, Oulaymatou Sandia Njie and Victoria Andrews, Justice Savage on behalf of Justice Gibou Samega Janneh of the Supreme Court of the Gambia, told the new lawyers that the day marks a great beginning in their lives since it heralds great challenge for them as legal practitioners. He said they have chosen to join a profession that is founded on learning, advocacy, ethics, selflessness and service to humanity. Justice Savage told the young lawyers that as legal practitioners, they owe a duty to society in providing guidance and assistance to all human beings based on rules, regulations and procedures that are meant to ensure the adherence to the rule of law. He said human societies flourish, develop, grow and progress because of the adherence to the rule of law. Justice Savage indicated that when this is applied, it is seen as the due process of the law and is respected and upheld. In moving
 further, the Appeal Court judge added that in the absence of the respect for the due process of law, there will be chaos and breakdown in the social fabric of society. He noted that the judicial and legal institutions such as the courts and the Attorney General’s Chambers would operate in the interest of the people. He finally said that the application of due process of law has great bearings on social development.
  For his part the Attorney General and Secretary of State for Justice, Sheikh Tijan Hydara, in his intervention told the five lawyers that the first important lesson that they must learn is that the legal knowledge they received from their various Universities should be used to make them worthy citizens of The Gambia by giving the best to the society. He said they should have a high sense of responsibility and respect for constituted authority, he said.

  BALANCE OF PAYMENTS WOULD EXCEED US$11.2
  By Bubacarr K. Sowe
  The Governor of the Central Bank of The Gambia, Famara Jatta has noted that recent data indicate that the overall balance of payments would exceed the estimated US$11.2 million in 2005 due to the projected increase in foreign direct investment inflows and travel income. The Central Bank Governor did indicate that the number of tourist arrivals is projected to increase by 12.0 percent over 2004, which could raise travel income substantially.
  The Central Bank Governor made this revelation at a press conference held at the Conference Room of the Central Bank on Thursday.
  He added that the impressive performance in public finances achieved in 2004 will not be repeated in 2005.
  “Total domestic revenue is projected at D2.55 billion, short of the D2.77 billion budget estimates and only 3.0 percent higher than total domestic revenue in 2004. Total expenditure and net lending is projected at D3.72 billion, about D33.0 million higher than budgeted. The overall budget deficit, including grants is projected at D855.4 million, equivalent to 6.5 percent of GDP, higher than the budgeted estimate of D662.6 million, or 4.5 percent of GDP” the Governor indicated.
  However, the Governor pointed out that the overall fiscal deficit, including grants is estimated to narrow to D662.5 million or 4.5 percent of GDP in 2006 consistent with Government’s quest to reduce borrowing and ultimately run down the domestic debt. He said if the 2006 budget is religiously implemented, it would be supportive of monetary policy and help sustain the benign inflationary environment.
  “Gross official reserves rose to D3.83 billion (US$136.0 million) at end-November 2005, equivalent to 4.9 months of import cover. Net usable reserves amounted to D1.96 billion (US $67.6 million), slightly below the end-December 2005 target of D1.99 billion (US$68.7 million). However, there are strong indications that not usable reserves target would be observed,” Governor Jatta added.
  He said: “Total purchases and sales o Foreign exchange in the inter-bank market increased to D21.8 billion in the 11 months of end-November 2005, or 19.8 percent from the corresponding period a year earlier.”

  MRC BANS SMOKING
  By Annia B. Gaye
  Medical Research Council (MRC), The Gambia in its bid to improve on the health conditions of its staff and also to be in line with principles of MRC, UK and other leading international health organizations, has decided to ban smoking in all its premises in The Gambia. The banning was announced on Tuesday 20th December, 2005 during a press briefing held at the MRC grounds in Fajara. The ban will come into effect on 1st January 2006.
  Speaking in the press briefing the unit Director, Mr. Tumani Corrah, noted that the Medical Research Council in The Gambia is working towards the climination of smoking at its sites in the coast and in up country. He mentioned that there has been a cumulative sensitisation campaign, including a staff workshop. He further mentioned that provision has been made by our Clinical Services Department in the form of counselling and nicotine replacement therapy for staff wishing to quit. He stated that these initiatives reflect the policy of MRC, UK and the global movement against tobacco consumption, “and as a major heath care provider, we are conscious of the need to lead by example.” He concluded that they are in consultations with the MRC workers’ union, the unit’s Senior Management and Head Office. He said he has the honour to announce that smoking coil is banned at all the MRC’s sites in the Gambia from 1st January 2006.
  Pa Lamin Beyai, the officer-in-charge at the WHO country office mentioned that 20th December 2005 is a victory for Public Health because of the dangers of smoking to the lives of human beings. He further mentioned that Tobacco consumption is the leading preventable cause of death in the world and research has shown the negative effect of Tobacco use on health and the list of those affected and the health condition in which they have succumbed to.
  He said that the problems of tobacco are not limited only to those who physically smoke it, but to millions of people including children who are exposed to second-hand smoking. He further stated that currently, there is an estimated 1.3 billion smokers in the world and the death toll from tobacco is now 4.9-6 million people per year. Mr. Beyai observed that the WHO Framework Convention on Tobacco Control which has became a legally binding treaty on the 27 February 2000 has singled out the special contribution of NGOs and other members of civil society that are affiliated with the tobacco industry, which include health professional bodies, women’s and youths’ Organisations, consumer groups, and academic and heath related institutions. He said the reason why WHO is encouraging all heath professionals including doctors, dentists, pharmacists, nurses mid wives and others to be proactive in minimizing the problems caused by Tobacco consumption and exposure to smoking. He concluded by
 saying that he hoped that the issue of tobacco banning would go along way in influencing changes in many other institutions and thereby reducing smoking and its associated risks in The Gambia as a whole.

  MAYOR ABDOULIE CONTEH’S CASE
  By Surakata Danso
  The trial of the mayor of the Kanifing Municipal council, Abdoulie Conteh, was on Thursday adjourned to the 16th of January 2006 by Justice Haddy Roche of the Banjul High Court.
  At Thursday’s sitting, both the prosecutor, Marley Wood, and the head of the defence team, Antouman Gaye, urged the court to give them more time to enable them resolve the matter out of Court. The application was therein granted by the trial judge. Mayor Conteh is charged with economic crime, theft and resisting arrest. Some of the Yai Compins were dissatisfied that the case had to drag. The accused person was accompanied to court by (His wife) Amie Joof Conteh. Justice Haddy Roche had told the counsels that she will proceed with the case on 16th January if the parties fail to reach an agreement.
  Following his arrest, the state issued a press release and accused him of subversion. Another press release was issued by the State and in that release, mayor Conteh was accused of negligence of duty, corruption, arrogance and he was also accused of being responsible for the accumulation of garbage in the Municipality. However, he was not charge with negligence of duty, subversion or arrogance.


  KMC’S COUNCILLORS SELECT ACTING DEPUTY MAYOR

  By Sarjo M. Camara
  The controversy surrounding the Mayoral seat at the Kanifing Municipal Council has reached its climax following a resolution that was unanimously passed by disgruntled councillors. The councillors did select the elected councillor of Tallinding ward, Yankuba Colley as the Acting Deputy Mayor of the council. This resolution which was brazenly passed by councillors of all political shades may lead to Francis Gomez being left in the cold. Section (4) states that
  The Secretary of State shall, on receiving the notice under subsection (3), or following any finding of irregularity that concerns any action of, or omission by the Chairperson, Deputy Chairperson or other member of the council by a commission of enquiry instituted under section 151 of this Act-
  (a)            Suspend the Chairperson, Deputy Chairperson, or other member of the council, in which case. (i) the Deputy Chairperson shall act as chairperson, and (ii) a councillor, appointed by the members of council from among the elected councillors, shall act as Deputy Chairperson;
  The resolution passed confirmed the positions of Acting Chief Executive Officer to Chief Executive officer; the Acting Director of Finance to Director of Finance and the Acting Director of Administration to Director of Administration.

  Some of the councillors said Francis Gomez was not appointed to the position of Acting Mayor by the council. They noted that for them to put their house in order, they have the right to pass a resolution to make sure that they work in line with the Local Government Act. “And this will assist us to achieve our democratic values” said Councillors.


  ANOTHER GAMBIAN YOUTH DIES AT SEA IN MOROCCO

  By Yaya Dampha
  The Gambian youths’ dream for greener pastures is on the increase every day. The hardship in the country is forcing many youths to venture into adventures that can be fatal. This year, 2005 alone, over fifty (50) young Gambians died in the Mediterranean Sea in their attempt to cross to Spain. In October and November over two hundred (200) youths were airlifted from the Moroccan desert after they were expelled by the Moroccan authorities.
  However, the ordeal faced by their fellow countrymen did not stop others from attempting to cross the sea.
  Recently, one Mr. Kabirou Sonko, a native of Jarra Jappineh was reported to have died when the boat he boarded capsized in the sea. According to information reaching Kabirou’s family, the deceased and a youth from the village were together in the boat to Spain and the boat split and capsized around the Spanish waters. It is purported that the Spanish police rushed in to rescue them. The sources said after the police rescued almost all of the victims and took them to an emergency health post, the other youth from Jappineh who was also rescued told the police that his colleague and brother, Kabirou was in the boat and that he is not seen. The police are said to tell the youth that he must have drawn.
  Mr. Almameh Sonko, a brother to the deceased, who spoke to our reporter said, “We received the news of our brother’s death on Monday 19th December 2005.” He said Kabirou was a hard working young man and that he was forced by hardship in the country to go and look for something in order to help the family. He said their brother died at the age of 24.



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