Foroyaa Newspaper Burning Issue
Issue No. 77/2007, July 4 – 5 2007
Editorial
MAGISTRATE JAWO STUNNED COURT
DEMONSTATION OF INDEPENDENCE OF THE JUDICIARY
The Director of Public prosecution appeared for the state and Counsel Lamin
Jobarteh appeared for Fatou Jaw Manneh. The court was full to capacity. A
witness appeared to be waiting to be called. The court clerk called the court to
order. Fatou Jaw Manneh took her position.
The Magistrate opened his file and read what appeared as a decision to
transfer the case for want of jurisdiction. The Magistrate gave reasons why he had
to refer the case back to Banjul where most of the evidence is emanating
from.
He closed his file and got up to leave. Caught by surprise the court clerk
stood up to ask the court to rise for the Magistrate to leave. A stunned DPP
remained silent. A stunned defence counsel rose to ask whether that was all.
The Magistrate re-echoed his decision. Being in a state that one could safely
describe as a no nonsense mood, the magistrate left the court with lightening
speed. The stunned audience started to find out what the Magistrate had said.
In a way this is another delay. As the old saying goes justice delayed is
justice denied.
In another way one is compelled to believe that the decision reflects the
dictate of conscience and justice.
In short, courts are the guardians of the rule of law. Rule of law can never
prevail in any society where there are no independent and impartial
tribunals to interprete, administer and protect the law and where there are no law
enforcement agents who enforce the law without fear or favour, affection or ill
will. Section 120 of the Constitution subsection 3 states that “In the
exercise of their judicial functions, the courts, the judges and other holders of
judicial office shall be independent and shall be subject only to this
constitution and the law and, save as provided in this chapter, shall not be
subject to the control or direction of any other person or authority”.
Life and liberty are the most precious rights on earth. Those exercising
judicial powers should know that the lives and liberties of accused persons are
in their hands. Miscarriage of justice or its delay can cost life and liberty.
Wherever the life and liberty of the accused is at stake the courts should
deliver justice expeditiously.
This is precisely why section 124 of the Constitution states that “It shall
be the object of every court to deliver its decision expeditiously.”
Evidence should be given and final addresses made without delay. Judgments
should follow without delay.
The Director of Public prosecutions is given immense powers to assist the
courts to ensure speedy justice. Section 85 of the Constitutions empowers the
office holder to initiate and undertake criminal proceedings, take over and
continue any criminal proceedings and discontinue, any criminal proceeding
initiated and undertaken at any stage before judgment is delivered.
The DPP should always be bound by the spirit of section 120 subsection 4 of
the Constitution which states that “This government and all departments and
agencies of the government shall accord such assistance to the courts as the
court may reasonably require to protect their independence, dignity and
effectiveness.”
In our view, proceedings should be undertaken when there is evidence to
prove cases beyond reasonable doubt.
Once enough evidence is not available cases should be withdrawn to avoid the
huge cost in material and human resources associated with such proceedings.
Delay in cases for want of diligent prosecution can cost an accuse person
greater injustice than the wrong the person is alleged to have perpetuated. In
that case, justice is served by discontinuing prosecution.
If any DPP operates by such principles justice will always be done and be
seen to be done.
MARABOUT DAWDA CEESAY IN THE DOCK
By Abdou Jeli Keita
One Dawda Ceesay, a marabout, is standing trial at the Banjul magistrates’
court for allegedly obtaining money by false pretence, contrary to section 285
of the Criminal Code. The trial proceeded with the testimony of the
prosecution witness, Abdoulie Corr, an accountant’s clerk at the Banjul City Council
(BCC).
In his testimony, the prosecution witness, Abdoulie Corr, told the court
that sometime in May 2007, he met one Abdoulie Camara while he was from his
place of work and Camara said he was on the way with his master (Dawda Ceesay)
with whom he had lost contact with. The witness said he gave him D10 to buy
something to eat. He said Camara said he is a “talibe” (student) of a very
powerful marabout (Dawda), whom he said would help him, because in his words, “It
is very uncommon to come across good people like you.” He said, the “talibe”
then took his mobile phone and told Dawda (the accused), what transpired
between them and later the accused person told them to meet at Gamtel house in
Banjul. While at Gamtel house, he said the accused person (Dawda Ceesay) told
him to buy two white sheets of paper, two candles and charcoal. He said the
accused then told him to put everything on one white sheet.
According to him, he put everything on the white sheet, ranging from his
mobile phone, and wallet containing over D2000 dalasi in the white sheet after
which he said, the accused person (Dawda) wrote on the other white sheet and
told him to go with his talibe (student) to the mangrove swamps (near Gambia
High School) to bathe with the written items. He said while bathing in that
place, he heard a strange voice saying “Abdoulie Corr, you have met a very
powerful marabout (Dawda), he is one of my representatives in your small world,
take bath now! Go on now! You will see changes in your life, I mean positive
ones”.
He said the strange voice asked him his age, he said he answered twenty-nine
(29), and then the strange voice told him to multiply 29 by D150 and take
the sum of money (about D6,000) and two bags of rice, to a school headed by the
accused’s (Dawda Ceesay) father at a region in Senegal. He said the said
amount is for charity. He said the strange voice then asked him what he wanted
in life and he answered, “Knowledge and wealth”. He said the strange voice
then said “Surely, you will get knowledge and wealth. Plentiful in supply, but,
Abdoulie Corr, your name is in the spirit world and from now on, you must not
communicate what transpired between you and the God father of the spirit
world. Should you disobey the command from the God father, your family shall
cease to exist. I mean they shall die one by one”.
The prosecution witness (Abdoulie Corr) said, he was frightened by this
terrifying voice. He said the strange voice asked if he was ever told to give an
animal with four legs as charity and he answered yes. He said the strange
voice told him to do that now.
He said days after, the accused (Dawda) told him to go back to the same
place and take bath. Whilst at the place, he said, his talibe (student) told him
to pray two “Raka,” after which the strange voice appeared once again and
said, a special prayer had been done for him at ‘KARBALAH’ (a place of worship
in Iraq) last night.
One week later, he said, the accused told him to give him D50, 000, after
which he would make him a millionaire with the power of the spirit world’s God
Father. He said he told Dawda that he does not have such a huge sum of money;
that he had only D28, 000. He said, he gave D28, 000 to the accused (Dawda)
and still he is neither a millionaire nor did he get his money back.
When asked if he has anything to contradict what the prosecution witness
said, the accused (Dawda Ceesay) said he has nothing to say. The trial is
adjourned to a later date in July.
WITNESS TESTIFIES IN SHERIFF MINTEH’S MURDER TRIAL
By Yaya Bajo
The ongoing murder trial of Dodou Janneh, alias Dodou Boy, proceeded at the
Bundung Magistrates’ Court, presided over by Magistrate Amina Saho-Ceesay on
Monday with the testimony of the first prosecution witness (PW1), Ebrima
Minteh.
Ebrima Minteh told the court that he shared the same mother and father with
the late Sheriff Minteh and that he is a student at Grade 7. When he was
asked by the prosecutor 772 Samateh to tell the court what transpired on the 9
day of May 2007 between the hours of 8pm and 11pm at London Corner, he said
that while sitting at a shop which belongs to one Ebrima Njie, a police vehicle
drove passed him. The witness said that the vehicle then stopped; that four
people were on board the van including the accused whom he identified as Dodou
Janneh. He said at that moment, his late brother (Sheriff) was coming out of
their compound. “I called his attention, then he stopped.” He said when the
officers saw him, they approached him and conducted a search on him, but
they could not find anything on him. Continuing his explanation, he said his
late brother (Sheriff) was coming out of their compound when one of the officers
shouted on him, and he ran away. He added that while Sheriff was running,
the accused person and one Immigration officer pursued him up to a point where
the Immigration officer stopped, but the accused person continued chasing him.
Ebrima Minteh added that while his late brother was running, his mobile
phone fell down and he stopped and picked the phone. He said the accused then got
hold of him and dragged him near one mechanic garage where the accused
person took out a knife and stabbed him (sheriff) in the thigh. The witness said
that after the accused stabbed his late brother ( Sheriff), he (accused)
wanted to take his money from him, but the deceased resisted. He said the accused
also asked him (witness) to hand-over to him Sheriff Mintehs’ mobile phone,
which was handed to him by Sheriff, but he (witness) vehemently refused.
Further testifying, Ebrima noted that the accused later dragged his late brother
and stabbed him again on the buttocks and he (Sheriff) fell down. He said
while his late brother was lying down, one of the officers joined the accused to
raise Sheriff’s leg and asked him to get up, but Sheriff told them that he
could not stand up. “At this point, Sheriff told me to go to the shop and call
Ronne for him and when I was coming with Ronne, I saw the accused person
moving away and I told Ronne that this is the very one who stabbed my brother,
then we followed him and Ronne held him by the shirt and I held him by the
trousers,” he adduced.
Ebrima added that they then conveyed the accused person to where his late
brother was lying down. He said that at the scene, one of his brother’s came
with other people and carried Sheriff to the gate of their compound.
He said Sheriff was later taken to Serrekunda Health Centre. He added that
while they were going with the accused, he took off his shirt, produced a
knife and threatened to stab anybody who comes closer to him. He said the accused
person then ran into one of the compounds and a reinforcement of police came
to the scene and arrested him.
When asked by the prosecutor as to what happened to his brother after he was
evacuated to Serrekunda Health Centre, the witness before responding to the
question, wept continuously in the witness box which prompted the trial
Magistrate to allow him time to control his emotions.
After regaining his composure, the witness responded that his late brother
was referred to RVTH where he was pronounced dead. “He never returned home”,
he told the court. Ebrima further stated that the matter was reported to the
Serrekunda Police Station where his statements were recorded.
At this point, the defence counsel, Mr Tambedou, made an application to
cross examine the witness in camera, arguing that the witness is a child and that
he, the counsel, has a job to do and that he should not be seen to as
sympathising with the witness. His application was granted and the matter was
adjourned to Tuesday 10 July, 2007 for PW1 to be cross examined in camera.
FATOU JAW MANNEH’S CASE TRANSFERRED TO BANJUL MAGISTRATES’ COURT
By Fabakary B. Ceesay
Senior Magistrate Buba Jawo of the Kanifing Magistrates’ Court yesterday
ruled that journalist Fatou Jaw Manneh, who is standing trial at his court on
sedition charges, cannot be tried at Kanifing, but instead at the Banjul
Magistrates’ Court.
In his ruling, Magistrate Jawo indicated that the offences were committed
while the accused was in the USA and that the whole investigation in the matter
was conducted in Banjul. He said the first witness stated before the court
that a complaint on the matter was lodged at the NIA office in Banjul and that
they browsed the internet at the same place and downloaded the article in
their office at Banjul. Jawo added that the second witness also said he went to
the NIA headquarters in Banjul where the said article was given to him to
read. Jawo ruled that the Kanifing Magistrates’ Court has no jurisdiction to
try the case and that he will transfer all the files pertaining to the
procedure to the Banjul Magistrates’ Court.
According to Magistrate Jawo, the procedure is in line with Section 61(1),
and 62 of the Criminal Code. However, both the counsels were astonished by the
move of the Magistrate, as both counsels and the court attendees stared at
the Magistrate as he was preparing to rise up. The defence counsel, Lamin S.
Jobarteh, rose up to ask the Magistrate about his move, but the Magistrate who
appeared to be in a hurry to go into chambers said, “That is my ruling on
the case”.
Journalist Fatou Jaw Manneh has been standing trial at the Kanifing
Magistrates Court since April this year. At the inception of the case, the defence
counsel has challenged the jurisdiction of the court to hear the case, but the
objection was overruled by Magistrate Jawo who said that Fatou can be tried
before him at the Kanifing Magistrates’ Court.
HALIFA SALLAH CLARIFIES ON AU GRAND DEBATE ON A CONTINENTAL GOVERNMENT
By Bubacarr K. Sowe
Halifa Sallah, a politician and an ex-member of the Pan African Parliament,
has clarified issues surrounding the feasibility of forming a continental
African government, as the debate winds-up in the Ninth Ordinary Summit of the
Assembly of Heads of States of the African Union in Accra, Ghana.
Below we reproduced the statement of Mr. Sallah delivered at a press
briefing at his office, the Peoples’ Centre for Social Science Research, Civic
Awareness and Community Initiative in Churchill Town, Serrekunda.
EXCERPTS
I am compelled by the dictates of conscience and continental interest to
convene this Press Conference to clarify issues surrounding the Grand Debate
currently taking place in Ghana regarding the founding of a Union Government and
State for Africa. This briefing is most significant because of my conviction
that media practitioners must have a clear understanding of the origin and
essence of a debate before they can give accurate reports on it.
Apparently sufficient sensitisation on the grand debate is lacking. This is
why media reports tend to give the impression that Colonel Muammar Qhaddafi
of Libya is pioneering the cause of a United States of Africa against the
wishes of the other African Heads of State. Some have created a dichotomy by
labelling some of the leaders as pioneers of a gradualist approach while Qhaddafi
is reported to be among those who are calling for the immediate
establishment of the Union.
Clarification
It is important for everyone to realise that African Integration is one of
the fundamental objectives of the African Union. The transformation of the OAU
into the AU gave birth to many declarations on democracy, political,
economic and corporate governance and the introduction of mechanisms to monitor
compliance with shared values and principles of state administration, such as the
African Peer Review Mechanism.
The key instruments which fully reflect the shared values and goals of the
African states are:
a. the Lagos Plan of Action, and the Final Act of Lagos (1980);
b. the African (Banjul) Charter on Human and Peoples’ Rights
(1981);
c. the African Charter for Popular Participation in Development
(1990);
d. the Declaration on the Political and Socio-Economic Situation in
Africa and the Fundamental Changes Taking Place in the World (1990); and
e. the African Charter on the Rights and Welfare of the Child
(1990).
f. the Abuja Treaty establishing the African Economic
Community (1991);
g. the 1993 Cairo Declaration Establishing the Mechanism for Conflict
Prevention, Management and Resolution;
h. the Protocol on the Establishment of an African Court on Human and
Peoples’ Rights (1998);
i. the 1999 Grand Bay (Mauritius) Declaration and Plan of Action for
the Promotion and Protection of Human Rights;
j. the Framework for an OAU Response to Unconstitutional
Changes of Government
(adopted at the 2000 OAU Summit in Lome, Togo, and based
on the earlier decision of the 1999 Algiers OAU Summit); and
k. the Conference on Security, Stability, Development and Cooperation
(CSSDCA) Solemn Declaration (2000); and
l. the Constitutive Act of the African Union (2000)
The African States made the following commitment as a matter of principle:
”We, member states parties to the aforementioned instruments, reaffirm our
full and continuing commitment to these and other decisions of our continental
organisation.”
I will make sure that copies of these documents are kept in the library of
the Peoples’ Centre for the benefit of anyone who wants to study the issue of
integration more closely. This will confirm to you that the opinions being
expressed that Colonel Qhaddafi is manipulating the rest of the leaders fall
far behind the reality.
In short, take it from me that the Grand Debate is not about gradualism or
spontaneity in establishing a Union Government. The Grand Debate emanated from
the demand for realism.
For your information, the rapid marginalisation of the continent is what
compelled the African leaders to establish the AU. Since its establishment a
critical mass is emerging which is dissatisfied with the slow progress in
implementing Continental Charters, Conventions, Declarations and Resolutions and
the paltry steps taken to achieve integration.
The AU Assembly of Heads of State formed a Committee of Seven Heads of State
and government, in 2005, to look into the feasibility of founding an African
Union Government. The Committee of Seven Heads of State commissioned a study
which was tabled at the AU Summit in Banjul in July 2006.
The Report entitled “Study on an African Union Government Towards The United
States of Africa” became the document of the Assembly of Heads of State
which is relied on to conduct the Grand Debate.
Proposal for the Grand Debate
After the 7th Ordinary session of the African Union held in Banjul, the
Heads of States met in Addis Ababa for the 8th Ordinary Session of the Assembly
of Heads of State. At the Session the Heads of State agreed to hold the 9th
Ordinary Session of the Assembly of Heads of State in Ghana and confine the
agenda mainly on the debate on the feasibility of founding an African Union
Government and State. Herein lies the genesis of the Grand Debate.
The Addis Ababa Summit also called for consultations to be done at national
and regional levels in preparation for the debate.
The Pan African Parliament established a task force to study and make
recommendations to parliament on the issue.
I was a member of this task force which submitted its report for a debate.
The parliament subjected the report to a debate on the 15th and 16th May 2007
and made its proposal. Civil society groups have also held their own
consultations.
This Grand Debate therefore is a continental initiative to find a way
forward to unite Africa. It should not be boxed within the old Afro pessimistic
paradigm. Africa needs a way forward. Apathy and scepticism is not one of the
options. If we disagree with the recommendations of the study we should give
alternatives.
The Recommendations and conclusions of the study are as follows:
CHAPTER THREE
TENTATIVE ROAD MAP OF THE UNION GOVERNMENT
115. The proposed Road Map is divided into three phases of equal time
frame. The Initial Phase, starting after the decision of the Assembly at its next
session of the African Union, will be devoted to establishment of the Union
Government (i.e. steps and processes that are necessary for the Union
Government to function immediately). The Second Phase will be devoted to making the
Union Government fully operational in all its components and to laying the
constitutional ground for the United States of Africa. The Third and final Phase
will aim at putting into place all required attributes of the United States
of Africa at the levels of the states, the regions and the continent.
116. The proposed Road Map also takes into account the principles of
gradual incrementalism and multi-layered approach. In this respect, all proposed
strategic areas of focus need not be covered at the same time or all items of a
given area. Also, during the three phases, actions are required
simultaneously at national, regional and continental levels. The actions indicated in
each phase represent those that are essential in the process leading to the
final objective of the United States of Africa. They do not include regular
activities carried out at various levels within and outside the Union.
117. Finally, the time frame of the Road Map would depend on several
factors, including first and foremost, the political will and commitment of Union
Members. It will also depend on particular circumstances of individual
potential members of the Union. In this regard, all segments of the population in
Union Members should first understand the importance of the Union Government
project, and then participate effectively in its realization. Also, the Union
Government should be fully operational in all its components before it is
transformed into the United States of Africa.
118. Taking into account these factors, a 3- year period is recommended for
each phase, so that the United States of Africa would be formed by the year
2015. Thus, African countries, acting collectively and with solidarity, would
endeavour to reach the Millennium Development Goals (MDGs) set in the
Millennium Declaration of the General Assembly of the United Nations. The three
phases of the Road Map are outlined below.
3.1 INITIAL PHASE: ESTABLISHMENT OF THE UNION GOVERNMENT 2006 - 2009
3.1.1. Continental level
o Selection of strategic areas of focus of the Union Government
o Decision on the mode of finance of the Union Government
o Adoption of the revised functions of the Assembly, the Executive
Council, the Specialised Technical Committees, the Commission and the Permanent
Representative Committee
o Decisions on the establishment of the Courts of Justice and Human
Rights
o Decision on the revised Constitutive Act
o Decision on the launch of the studies on the financial institutions
o Decision on the establishment of the AIB
o Decision on the final status of NEPAD in the Commission
o Decision on the representations of the Union Government in other
parts of the world, including in particular in the African Diaspora;
o Consultations and decisions on the Free Movement of Persons, Rights
of Establishment and Residence
3.1.2. Regional Level
o Rationalization and harmonization of the RECs
o Harmonization of RECs’ instruments, institutions, programmes and
operations -with the Union Government objectives and Road-Map
o Popularization of the Union Government project in the region
o Development of a monitoring mechanism for the implementation of the
Union road-map at regional level
3.1.3 National Level
o Harmonization of Union Members instruments, institutions, programmes
and operations with the Union Government objectives and Road Map
o Building national constituencies for the Union Government
o Popularisation of the Union Government Project
o Development of national monitoring mechanisms for the implementation
of the Union road-map,
3.2. SECOND PHASE: CONSOLIDATION OF THE UNION GOVERNMENT 2009-2012
3.2.1 Continental Level
o Creation of the ACB and AMF
o Restructuring of remaining continental organs
o Initiation of the process of consultation for and preparation of a
Draft Constitution of the United States of Africa
3.2.2 Regional Level
o Adoption of measures towards effective free movement of Persons’
Rights of Residence and Establishment
o Consultation on the draft Constitution of the United States of Africa
3.2.3 National Level
o National conventions on the draft Constitution of the United States
of Africa
3.3 THIRD PHASE: ESTABLISMENT OF THE UNITED STATES OF AFRICA 2012 - 2015
119. The period would be devoted to the adoption by Union Members of the
draft Constitution of the United States of Africa. During the period, all
continental institutions would be fully operational, including in particular the
financial institutions.
120. Finally, elections at all required levels (continental, regional and
national) would take place during this period. The United States of Africa
would be officially constituted and recognised as such in the world community of
Nations.
CONCLUSION
121. This study has shown that, in spite of the difficulties encountered in
the process of the search for unity and purpose of action by African
countries over the years, the continent is uniquely poised to achieve this objective
through the Union Government project. This is so because of the shared
values and common interest of African countries, as well as the holistic approach
to its development challenges since the LPA and the FAL to the Union
Government project, through the Abuja Treaty, the African Union and NEPAD.
122. The proposed architecture of the Union Government is such that it
would enable Africa, through its own organs and institutions, to look for
solutions to its development first from within the continent. This would make its
participation in international affairs more effective and productive, for the
benefit of the world community. It would also strengthen the partnership in
which Africa has been entering for the past several years with various world
regions
123. The framework is also flexible as it would enable all potential Union
Members to participate in the Union Government soon after its adoption.
Indeed, both the principle or incrementalism and the multi-layered approach are
such that all potential Union Members could participate in the Union Government
at all levels (national, regional and continental). Thus, the need for
consensus would not be required since potential members could become active
members at any level as and when they are ready. In September 9, 2009, an
evaluation of the progress achieved in Africa’s integration process should be
conducted.
124. The ultimate objective is to achieve, through political, economic,
social and cultural integration, a strong multi-racial and multi-ethnic United
Africa, based on the principles of justice, peace, solidarity, and the
judicious exploitation of its human and natural resources. This United Africa would
thus be in a position to promote its values and interests, and take advantage
of the opportunities of an increasing globalised world. It will represent
the concretisation of the vision of the African Union.
I have written a book entitled “Treatise on the Founding of a Federation of
African Republics” which is to be published. I have given the following reco
mmendations as a realistic way forward.
The Establishment of a Federation of African States in Phases
Phase one
The summit should achieve the following task in Ghana in 2007
1. Adoption of the name, nature and form of the Union. I propose that Africa
continue what Lumumba and Nkrumah started by giving commitment to build a
federation of African states which could be given the distinct name The
Federation Of African Republics (FAR) to make it clear that Africa wishes to go
beyond the point reached by the European Union to build a Federation of African
States.
2. Adoption of a Solemn Declaration by all Heads of States to establish the
Federation without hesitation or hindrance within a realistic time frame to
be agreed at the Accra
Summit.
3. Declaration of commitment by all states to ratify the protocol
establishing the African Court of Justice so that it can be put in place in 2007.
4. The commissioning of an internal review exercise of mandates, functions
and structures by all the organs or institutions of the AU as well as the
elaboration of a strategic plan involving any upgrading in mandates, functions,
structures, material and human resources to evolve into an institution of the
federation The Regional Economic Groupings should also be part of the review
exercise All institutions should be required to submit their reports to The
AU Commission for presentation and discussion at the 2009 summit so that a
task force can be commissioned by the summit comprising experts on all the
organs to draw up a realistic plan of action for forward movement towards the
building of the Federation of African Republics.
5. Adoption of a resolution to establish the Central Bureau for
Documentation and Statistics with immediate effect to serve as a depository of all the
instruments, relevant statistics, policies programmes and projects of the AU
and the respective States to facilitate continental planning and implementation
of the objectives of the Union
Phase two
I The 2009 Summit should be set aside to review the reports and
recommendation of the Various institutions and Organs of the AU and adopt their short
term, medium term and long term proposals including their requirements in Human
and Material resources. This should be followed by the establishment of a
Commission of Jurists to study all the recommendations and make proposals for
the amendment of the Constitutive Act and all relevant protocols to bring them
into conformity with the requirements of an evolving Federation of African
Republics. This should be followed by the consolidation of the three arms of
the state, that is, the Executive, the Legislature, the Judiciary and their
respective branches or sectors and their operationalisation
Phase Three
The 2010 Summit should be devoted to the adoption of a revised Constitutive
Act and supporting instruments which should have all the features of a
Republican Constitution to gradually move the Union towards a Federation. Election
of Pan African Parliamentarians should take place in 2010 on the basis of
Universal suffrage so that they will owe no allegiance to National Parliaments
and be fully devoted to the Legislative and other over sight functions of the
Union. The consolidation of the African Court of Justice should be
complimented with the establishment of the criminal jurisdiction of the African Court
On Human and Peoples Rights and the appointment of a Prosecutor General to
facilitate trials for war crimes, genocide and crimes against humanity under the
Union.
Phase four
I The 2011 Summit should be devoted to the review of progress in institution
building and performance as well as the assessment of human and material
resource needed to achieve set targets
2.This Summit should give mandate to the Commission of Jurists to engage in
consultation on a continental basis to help prepare a draft Constitution for
the Federation of African Republics for adoption on the 50 anniversary of the
founding of the OAU at its head quarters in Addis Ababa in 2013.
3.The Summit should further establish a Commission of experts on Economic
,Social, Political and cultural matters to prepare a Comprehensive African
Economic Recovery and Development Programme for the Federation of African States
to be reviewed and adopted on the 50th Anniversary of the founding of the OAU
in 1963
Phase five
I The 2012 summit should be devoted to a review of progress made in the
preparation of a draft Constitution and the Report on the Comprehensive African
Economic Recovery and Development Programme for the Federation of African
Republics. The Pan African Parliament in collaboration with ECOSOC should involve
the Regional Economic groupings and their Parliamentary Fora as well as the
National Parliaments, Civil Society and the people at large groupings in a
continent wide debate regarding the content of the draft Constitution and The
Comprehensive African Economic Recovery and Development Programmes for the
Continent.
2 The Session should also be devoted to a Review of the progress made by all
institutions of the AU in fulfilling their respective mandates and the
harmonisation of their activities to further the objectives of the Union.
Phase six
2013 will mark the 50th Anniversary of the founding of the OAU. This Summit
should be held in Addis Ababa and should be marked by the adoption of a
Federal Constitution and the African Economic Recovery and Development programme
for the Continent. This should mark the beginning of the founding of the
Federation of African Republics.
Phase Seven
2014 should be a year of sensitisation. The Pan African Parliament and
ECOSOC should be provided with enough material and human resources to sensitise
the African peoples on the provisions of the draft Constitution and the content
of the proposed Comprehensive African Economic Recovery and Development
Programme The sensitisation should culminate with the holding of an All African
Peoples Conference comprising of representatives of women , youth, human
rights, trade unions, media , disabled, political parties and other stake holders
on the continent in preparation for a simultaneous referendum in all African
States to approve or reject the Constitution of the Federation of African
Republics.
The 2014 summit should focus on the reports of the civil society bodies and
a declaration should follow adopting a day to hold the referendum in 2015 to
decide the faith of the draft Constitution
Finally
Once the referendum leads to the approval of the Constitution the 2015
Summit should proceed to establish a task force to prepare an implementation
programme for the operation of the federation for approval by the 2016 Summit. The
process of establishing the structures of a Federation of African Republics
should take place according to the agreed plan.
Nkrumah, Lumumba and Cabral call on us to do our own research, write our own
history and interpret continental and world events to enhance the clarity,
dignity, liberty and prosperity of the African people.
The aim of this Press Conference is to answer to their call from the graves.
Thank you.
Halifa Sallah
People’s Centre for Social Science Research,
Civic Awareness and Community Initiative
COURT ISSUES ARREST WARRANT FOR REPATRIATED MIGRANT
By Modou Jonga
Magistrate E.F Mbai of the Brikama Magistrates’ Court has on Monday 2 July,
2007 issued an arrest warrant for one Bakary Ngum, a repatriated Gambian
migrant from Spain, for failing to appear in court.
The accused is standing trial at the said court for allegedly violating
section nine of the Public Order Act on the 28 October, 2006, at the Banjul
International Airport.
According to the particulars of the offence, the accused person is alleged
to have conducted himself in a manner that is calculated to cause a breach of
the peace at the said place and date, while having been at that moment
repatriated from Spain together with many other Gambians.
Before issuing the arrest warrant, Magistrate M’bai noted that the trial
involving the accused did not proceed since November last year. According to
Magistrate M’bai, the accused person has been present in court on numerous times
with the prosecution failing to proceed.
Readers could recall that the accused person was part of thirty repatriated
Gambian migrants arraigned at the said court, sometime last year, and charged
with malicious damage to the properties of the Gambia Civil Aviation
Authority on 28 October, 2006. The accused who pleaded not guilty, was later
discharged on the charge preferred against him by the said court after the failure
of the prosecution to effect two separate arrest warrants issued by the said
presiding magistrate for the other accused persons who were absent in court.
The presiding magistrate further ruled that the accused be kept in custody
till the next adjourned date of 9 July, 2007.
TOBACCO KILLS.....
FOROYAA BANS SMOKING IN ITS PREMISES!
By Sarjo-Camara-Singhateh
In this edition of Health and Nutrition Bantaba, the columnist would first
of all congratulate the Foroyaa Newspaper and its management for declaring all
their premises a smoke free zone. We will therefore, have Ousman Sillah and
Suwaibou Touray, both editors at the Foroyaa Newspaper, to share their views
on this issue with us.
HNB: Mr. Sillah, why this bold step?
Ousman Sillah: Yes, this is a welcome development, Sarjo! As you can see
around us, there are ‘no smoking’ signs pasted on the walls in the Foroyaa
offices. Although, the majority of those who work at the Foroyaa, that is, the
editors, typists and reporters are non-smokers, there are few reporters who do
smoke cigarettes. Therefore, with this restriction signs to make the premises
a smoke free environment, we are trying to help them to muster the courage
to quit smoking which is, indeed, a life threatening habit. As you know,
cigarette smoking is not only life threatening to the cigarette smoker but also to
the non-smoker as well who is rendered a passive smoke. Infact, findings have
shown that both the smoke that the cigarette emits and that which is exhaled
by the smoker are more harmful to the non-smoker.
I am not advocating against cigarette smoking out of mere theory or what
other people told me or I have read, but because of my personal experience. I
was once a smoker and a heavy one at that. It is this experience that gives me
the advantage and first hand knowledge to talk about tobacco smoking, because
it helps me, albeit unfortunately, to know about all the hazards associated
with it, be it health, economic or social.
I know it’s not easy for smokers to wake up, let’s say, one fine morning
and say ‘I have now quitted smoking’. The addiction is so overwhelming that it
makes it less easy. Yet, it is equally not impossible to stop smoking. The
testimony to this is that all the former smokers have done it without any
fatal consequences. Therefore, there is no plausible reason why the present
smokers cannot equally do so. All that it requires is for one to muster the
necessary courage and determination and to counsel oneself and weigh the advantages
against the disadvantages.
HNB: How do you see young people smoking? What motivates them into smoking?
Mr. Ousman Sillah: Smoking among young people is all part of the stereotype
culture that is characterised by influences and imitations, negative or
otherwise. There are some youth milieus where to be a non smoker means risking
being counted out. In such environments, one only fits or associates when one
is a smoker, thus satisfying the ‘birds of the same feather’ description.
Although one can resist the temptation and get along with them, if one is
resolved. Some young people indulge in smoking so as to demonstrated to society
that they are matured enough to be accepted and counted as adults. Others also
start smoking out of mere curiosity.
HNB: How do you see the WHO Frame-work Convention on Tobacco Control?
Mr. Ousman Sillah: Well, it is indeed a good idea to have a regulatory
framework or rules that aim to control or protect people from exposure to the
hazards of Tobacco smoking. We need no smoking zones in our homes inorder to
protect our children and the other family members from being exposed to the
health hazards of smoking; we need no smoking zones in workplaces, public places,
such as hospitals, schools, public transports, etc. In effect, we need
everywhere to be observed as a no smoking zone. However, this objective and desire
cannot be attained by mere regulations and enforcement measures. Smokers need
to be sensitized, counselled, encouraged and persuaded to quit the life
threatening and life negating habit, as found is tobacco smoking and other
intoxicants. Infact, most of those who smoke are fully aware of the serious
economic, health and social implications and consequences of smoking. What this is
showing is that the knowledge alone may not be sufficient enough to help some
of them take the bold and brave decision to stop smoking. Some of these
people cannot alone or by themselves summons the will that is needed to enable
them escape the overpowering addiction to tobacco smoking.
HNB: What do you say to those who send children to buy cigarettes for them?
Mr. Ousman Sillah: We need to encourage parents and adults who normally send
children to buy cigarettes to stop the practice, as it can very well serve
as a gateway that legitimizes the smoking habit. This practice alone can send
the wrong signal by showing the child that there is no danger in tobacco
smoking, since the adult he or she views as a role model, is seen doing it.
HNB: From your own viewpoint, what do think Tobacco can do to a human being?
Mr. Ousman Sillah: Tobacco smoking is not only associated with health
implications or hazards but is also economically and socially harmful to the
smoker, his or her family and society, in general. Tobacco is really life
threatening, as it affects the lungs and can cause cancer, hypertension and other
heart and respiratory diseases, etc. It can kill.
On the economic sphere, to some, spendings on cigarettes do compete for
prioritization in the meagre financial resources with other more important
domestic budgetary areas that sustain the household, such as fish money, clothing,
medical bills, schools fees, fares, etc. Spendings on cigarettes do often
take a heavy toll on the household budget.
HNB: Do you think the decision taken by the Foroyaa management can prevent
its employees from exposure to second hand Tobacco smoke?
Mr. Ousman Sillah: Yes, I believe it can. This restriction is not only meant
to ensure that the employees are protected from being exposed to second hand
tobacco smoke but that it is also assisting the very few workers in Foroyaa
who are smokers to quit smoking. They are all cooperating and trying to
eventually stop smoking. These smokers are not seeing this as a punishment but
as support measure to help them kick off the smoking habit.
HNB: Can you comment on smoking in transports which is another form of
second Hand Tobacco Smoke to non-smokers?
Mr. Ousman Sillah: Yes, I think it is possible to stop smoking in public
transports, e.g buses, vans, etc. As for me, whenever I board a vehicle and find
someone smoking or about to light a cigarette, I would simply and politely
tell the person to spare us the discomfort and danger of the pungent smoke in
the air. And in all cases they will cooperate and even extend apologies.
HNB: How can we fight against Tobacco smoke?
Mr. Ousman Sillah: it is a collective struggle to be waged together by both
smokers’ and non-smokers, alike. The smokers need the support of the
non-smokers to help them to help not only the non-smokers but themselves, as well.
HNB: Any final message to smokers, Mr. Ousman Sillah?
Ousman Sillah: I want to share with all smokers the ‘secret formula’ which
I employed inorder to stop smoking. You don’t need the intervention of any
artificial or magical or supernatural means. All you need is simply the WILL
POWER which I believe is within the purview of every smoker’s capacity or
ability.
This is how I came up to the decision. First of all, I began by considering
cigarette smoking a Life and Death vocation. I counselled myself that it is
either that I continue with the artificial pleasure that I derived from
smoking and shortened my life or take the seemingly ‘difficult’ decision to quit
smoking and prolong my live.
I have the conviction that since death is an inevitable end it would be
cowardly for me to be afraid of it. However, I should also not allow myself to
indulge in any act or practice that self-induces death. This, to me,
tantamounts to committing suicide. Although one can die for a principle or a worthy
cause. This is honourable.
What should be unacceptable is to die as a result of pursuing artificial
pleasure such as tobacco smoking. It should be considered as self-defeating and
a rather a cheap death.
Your lives are so precious. Do not trade it with the artificial and temporal
pleasure that one derives from tobacco or any other intoxicants, for that
matter. Preserve your lives for your children, for society and for posterity.
Smokers can overcome the stress that leads them to smoking by substituting
it with other life preserving pursuits that give genuine and harmless pleasure.
HND: Thank you for sharing your thoughts with us.
Ousman Sillah: It is a pleasure.
MARINA HOLDS GRADUATION CEREMONY
By Abdoulie Dibba
Foroyaa started publishing the speech of Mr. Abdou A.B Njie, who was the
guest speaker at the Marina International School graduation ceremony and had
stopped at where he said “the services and public facilities which the graduands
continue to enjoy have, in significant ways, been provided by taxes paid by
various segments of the community”. He said “the congenial, social and
economic environment which facilitated peaceful pursuit of their academic and
professional ambitions have been provided by the citizenry concerned with their
welfare and progress”. Mr. Njie told the graduands that as they continue to
climb the ladder of success and progress in life, they should try and do their
utmost to contribute their own quota to the development and prosperity of
their nation.
He said those of them who will encounter failures or some misfortunes should
not give up. “Never say fail” should serve as their motto. He said a “BA”
degree which many of the graduands aspire to acquire, simply means “Begin
Again.” Forge ahead and embrace the culture of life long learning and that those
of you who might temporarily fall by the wayside, he said, should muster the
moral courage and determination to persevere and rise to the challenge. Mr.
Njie told the graduands that intellectual achievements do not necessarily
guarantee success but that in life, the content of your character is more
important than your intellectual prowess; that as Martin Luther King puts it “Your
attitude determines your attributes in life,” Attitudes of discipline,
honesty, integrity, dedication and self sacrifice” Njie said.
Mr. Njie pointed out that another challenge that the graduands will face as
they move away from the four walls of the school or homes is the need for
continued tolerance and modesty. He said the world is now a global village and
the capacity to work in a multi-racial and multi-religious environment is
imperative. He asserted that an educated man is a modest man. He or she becomes
more aware of his or her limitations and the frontiers of knowledge unexplored
by him. He told the graduands that they must respect one another and that
honouring others is simple when they sound like you or when they are doing what
you want. He pointed out that a person with a sound character is someone who
puts principle above personality and country before self. He said it should
always be service before self. As late President John F. Kennedy of the US
put it “Do not ask what your country can do for you, but ask what you can do
for your country” Njie said.
Mr. Njie told the graduands that in our modern world, it is inevitable that
we will all pursue material well being as a goal, however, he said, let us not
in this process make our entire aim in life acquiring and amassing abundant
material wealth. Let us not totally sacrifice ethical values and character
which form the foundation of every civilised society to the alter of greed.
He told the graduands that today we live in an environment in which material
wealth are glorified and character and ethics assigned inferior status; it is
an environment in which character is often regarded as merely an adornment
of society rather than the fundamental and vital element of spiritual well
being. He then challenged the graduands to put character and ethical values
above riches. Mr. Njie argued that he has spoken at some length on character
versus riches because he wished to stress the ethical and intellectual values of
life rather than material ones. He pointed out that the great material
progress that we see in certain parts of the world today has distorted men’s sense
of proportion to the extent that material values have usurped the sovereignty
that is of the ethical and the spiritual. He said everywhere today, the
consequences of perversion of the national order are to be seen. Spirit of mind
had ceased to rule, the riches of the world sought and to which it sacrificed
all else, have become a curse by their abundance. Mr. Njie told the graduands
that he is by no means scorning or under-rating the importance of wealth in
the contribution of human welfare, well being and happiness but that his
concern is that the act of wealth seeking through the so-called “Rat race” should
not be achieved at the expense of good character and ethical values. He
asserted that he strongly believes that character not wealth, or power or
position is of supreme worth. He told the gradunads that that is one of the
principles they should apply in their quest to arrive at their dreamed destination,
that is the “Land of success”.
Mr. Njie told the graduands that some of them will one day emerge as
leaders in our society in one position or the other. He said one of the challenges
that will face them is whether their stay at the top can endure and be
sustained and ultimately be crowned with success, which will largely depend on
true leadership. Mr Njie argued that a leader must not be a “Signpost” Who
shows the way but does not follow it. He said effective leadership requires
demonstration of capacity to inspire and motivate. A leader he said cannot be
arrogant, dishonest and self-centred, petty and unjust. A leader he said must
lead by example. He must have a sense of purpose, vision and above all, must be
genuinely interested in the welfare and development of his or her colleagues
and subordinates. Mr. Njie told the graduands that by demonstrating this form
of exemplary leadership, they will earn the respect and confidence of their
subordinates and then their combined efforts, will help to achieve the
visions, the goals and objectives of the organisations they will eventually serve.
HUMAN RIGHTS TRAINING WORKSHOP FOR SECURITY OFFICERS
By Sarjo Camara Singhateh
Amidu Mansaray, the Global Director of Bajito Onda Africa Foundation, said
some African countries have realised that students and law enforcement
officers are very important bodies in a nation’s development. He, however, added
that they do not, in most cases, know about the existence of the African
Children Human and People’s Rights, the Universal Declaration of Human Rights, the
Charter on Rights and Welfare of the Children, the Protocol on the Rights of
Women in Africa and many other international human rights instruments, and as
a result of this fact, they do not know the rights, duties and
responsibilities of individuals to ensure the protection of everyone’s rights. Mr. Mansaray
made this statement at the opening of a two day training workshop organised
for officers at the Father Farrel Hall (Westfield), from 3 to 4 July 2007.
The officers include personnel from the Gambia Police Force, Police
Intervention Unit, Interpol, NIA, Immigration, Armed Forces and Prisons.
Mr. Mansaray said that as dictated by canons of Police ethics, which
instruct officers to respect the constitutional rights of all people to liberty,
equality and justice, law enforcement officers are supposed to be the leading
human rights protectors and promoters everywhere in the world. “Unfortunately
law enforcement officers have very little knowledge about human rights” he
added.
On his part, the Inspector General of Police, Benedict Jammeh, said it is
indeed a worthwhile cause to get the involvement of security personnel in Human
right Education, as it is the workforce that is directly dealing with the
people on a daily basis, especially with people who we suspect of committing
crimes and also those who are victims of crime.
He said acquiring the principles, concepts and knowledge of human rights
issues would immensely prepare and better place them in the execution of their
duties as law enforcement officials and as protectors and enforcers of human
rights. “It is imperative as security officers, regardless of the outfit we
belong to, to understand the basic principles of performing our duties with
human rights as the basis for our actions” he noted. He said that based on the
powers that the constitution vested on them, they may at times legally limit
some of the very fundamental rights of people especially people suspected of
committing a crime, for example during arrest, detention, investigations and
interrogations. He admitted that they must do their work according to the
letters of the law.
Fatou Sowe, the Deputy Director of Social Welfare, stated that while it is
true that respect for and promotion of human rights is an integral part of
social development, it is also true that some of our law enforcement officers do
not know some of the legal instruments they should enforce, especially the
international instruments which Gambia is a signatory to.
“We must first and foremost recognise that all human beings are born equal
and have rights and dignity to be respected and protected” he noted.
He said every individual is a holder of rights and our governments are
accountable for the protection of these rights.
NIA DIAMOND CASE TO PROCEED TODAY
By Fabakary B. Ceesay
The protracted criminal case involving the state and the six ex-officers of
the National Intelligence Agency (NIA) is expected to continue today. The
last sitting did not proceed on the 28 June due to the fact that the tenth
prosecution witness (PW10) was not available in court. The matter is before
Principal Magistrate Moses Richards of the Kanifing Magistrates’ Court.
The state counsel, A.S Umar told the court that their next witness is the
court interpreter Dodou Manneh, who interpreted the document sent by the two
Germans from German (Deustch) to English. The prosecutor told the court that the
witness, Mr. Manneh is busy at the high court. He added that he expects the
lawyer who presided over the investigation panel into the matter to testify.
He therefore asked for an adjournment.
The ex-officers standing trial are Lamin Drammeh, Kajali Jawara, Basiru
Jabang, Lamin Sanneh, Fabakary Barrow and Salimina Drammeh. They were all dragged
to court by the state and charged with theft, abuse of office and criminal
trespass. They were accused of robbing two German citizens of their properties
which include, an amount of 205, 000 US dollars, two cell phones (mobile),
eight pieces of raw diamond, and a shaving machine.
MUSTAPHA LEIGH AND BOTO SONKO IN DOCK
By Fabakary B. Ceesay
Mr. Mustapha Leigh, the former technical director of works and
infrastructure and Mr. Momodou Lamin Sonko, alias “Boto,” have appeared before principal
magistrate Moses Richards of the Kanifing Magistrates Court on Monday, 2
July. They were dragged to court by the state and charged with three counts of
conspiracy, stealing and abuse of office, contrary to section 386, 252 and 90 of
criminal code.
Count one stated that the two accused persons in the year 2001, at the
Department of State for Works conspired together to commit a felony, i.e,
stealing, Count two indicates that the two accused in 2001, at Mansakonko, stole a
bulldozer being the property of the Gambia Government and Count three states
that the first accused person, Mr. Leigh in 2001, being an employee of the
public service, allowed the second accused, Mr. Sonko to use a bulldozer being
the property of The Gambia Government without authority. They pleaded not
guilty. The prosecuting officer, Inspector Bojang, made an application to the
court not to grant bail to the accused persons. Inspector Bojang said they are
still investigating them and hopes that more charges will be filed against
them. He added that if they are bailed, they can tamper with the investigations.
The counsel for the second accused person, Lawyer Antouman Gaye, argued that
the offences are bailable, adding that the accused persons are responsible
persons residing with their families in the country and that they cannot run
and leave them behind. He added that bail is a constitutional right and that
the accused persons were reporting to the police on bail since their arrest.
Magistrate Richards granted them bail in the sum of D500, 000 each, with two
Gambian sureties and to deposit title deeds of a landed property in court. The
counsel for the first accused person is Mrs. Amina Joof Conteh. The case is
adjourned to 16 July.
FORMER PS’s TRIAL DRAGS
By Fabakary B. Ceesay
The trial involving the Former Permanent Secretary at the Department of
State for Works and Infrastructure, Mr. Lamin Sanneh, and the state did not
proceed at the Kanifing Magistrates’ Court on Monday, 2 July, before Magistrate Pa
Harry Jammeh, due to the fact that the state counsel could not make it to
the court.
The defence counsel, Lamin S. Camara, informed the court that the state cou
nsel, E. O. Fagbenle has called him to suggest another date for the
continuation of the case. Camara added that he is comfortable with the moves of the
state counsel.
The defendant, Lamin Sanneh ,was not in court. Mr Sanneh has been standing
trial since 3rd April this year.
He was brought to court by the state for alleged negligence of official
duties, contrary to section 113 of the criminal code. The particulars of offence
indicates that on the 8th and 9th November 2006, Mr. Sanneh neglected to
report to office as he was required to do so. He is currently on bail. He has
spent almost five months in detention before he was arraigned in court. The case
continues on the 9 of July.
SoS COLLEY HARPS ON THE BRIKAMA CRAFT MARKET
The Secretary of State for Tourism and Culture, Madam Angela Colley, said
that lack of water and electricity in the newly constructed craft market in
Brikama is the main reason for the delay in the opening of the market.
Madam Colley made this statement at the National Assembly while responding
to a question raised by the member for Kombo Central, Hon. Abdou F.H.S Jarju,
regarding the opening of the market. In her reply, SoS Colley indicated that
the Brikama craft market was funded by the World Bank Public Works Capacity
Building Project at a cost of D6, 000,000 (six million dalasi) and that the
counterpart contributions were paid by The Gambia Tourism Authority, the
Department of State for Tourism and Culture and the Brikama Area Council to the
tune of D350,000.00, D200,000.00, D150,000.00, respectively. She said that the
contract for the project was awarded by the GAMWORKS Agency to GAI ENTERPRISE
in June 2004 and construction was completed in June 2005.
The SoS also indicated that the project consists of 72 stalls, an
administrative block, training centre, smith kiosk and weavers shed and that the
president of the republic inaugurated the market in July 2005. At the time of
handing over she said, water and electricity facilities were outstanding. She
pointed out that the beneficiaries agreed to jointly fund the installation of
water and electrification of the market during a meeting. The absence of these
amenities, she said, is the main reason for the delay in opening the market.
She however disclosed that the Brikama Area Council recently negotiated with
NAWEC to install water and that the connection was done in March 2007; that
negotiations between NAWEC and Brikama Area Council are underway to provide
electricity; that it is expected that each stall will be provided with cash
power metre to ease the problem of payment of electricity bills and that the cost
of connection and maintenance will be borne by individual vendors.
She concluded by saying that the Brikama Area Council and The Gambia Tourism
Authority, in consultation with the craft market association, are currently
working out the modalities of relocating the vendors to the new market.
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