Foroyaa Newspaper Burning Issue
Issue No. 81/2007, 13 – 15 July 2007
Editorial
THE FINANCE AND PUBLIC ACCOUNTS COMMITTEE AND THE 800 MILLION DALASI
UNACCOUNTED FUND
In his report to the Public Accounts Committee, the Permanent Secretary is
said to have recalled that the unaccounted 800 million dalasi is undermining
the possibility of having a realistic opening balance for government accounts
to loss records
This became a subject of controversy during the review of the Auditor General
’s Report covering the period 1991 – 1999.
Readers could recall that the Statement of Accounts ranging from June 1992
to 1999 could not be subjected to auditing until 2005 because of the failure
to present annual Statement of Accounts to the Auditor General as required by
the Constitution.
When the Finance and Public Accounts Committee met in October 2005 to review
the report of the Auditor General, it was observed that the long backlog in
submitting statements of accounts had made it impossible for the Accountant
General’s Department to prepare good quality financial statements. It was
claimed that there was a loss of institutional memory and loss of accounting
documents.
This gave birth to attempts to use balances provided by the Central Bank in
the preparation of the statement of accounts by the Accountant General’s
Department.
Consequently, apart from the 800 million that could not be accounted for,
the Auditor General discovered significant shortfalls between the accounts
which the financial statements implied are held and monies actually in the
government bank account or held as investment for each year from 1992 – 1999.
The shortfalls were as follows:
Year Shortfall (dalasis)
1992 - 93 D328, 778,093,
1993 - 94 D391, 117,866
1994 - 95 D490, 436,106
1995 – 96 D568,835,496
1996 – 97 D641, 672,515
1997 D718, 819,547
1998 D781, 888,009
1999 D790, 191,304
The Auditor General indicated that the only plausible explanations for the
differences are that:
· unauthorised expenditure has occurred and/or
· expenditure has been made in the bank accounts which has not
passed through the fund, clearance or deposit accounts and/or
That means that the Department of State for Finance should focus on the
decrease of unauthorised expenditure.
This is the cancer worm which will wreck any proper system of accounting if
left unaddressed.
The Public Accounts Committee needs to have asked the Auditor General to
review the two reports presented so far in 1998 and 2005 and give a report to
the Committee of all the shortcomings of the past and means to avert them.
The Finance and Public Accounts Committee would have benefited from such
information in order to prepare itself for scrutinising the audit report on
Public Enterprises.
The Constitution has given the Finance and Public Accounts Committee powers
to scrutinise Central government accounts and those of Public Enterprises.
This is a round the year task. This Committee is one that should never have
spare time throughout the year.
After all the mistakes which are yet to be fully rectified, it is too early
to sing praises to the Department of State for Finance.
KAWSU CEESAY TESTIFIES IN THE IEC CASE
By Fabakary B. Ceesay
Mr. Kawsu Ceesay, a former Chief Electoral Officer of the Independent
Electoral Commission (IEC), had on Tuesday 10 July, testified before Magistrate
Bubacarr Secka of the Kanifing Magistrates’ Court.
In his two and a half hour long testimony, Mr. Ceesay told the court that he
started working at the IEC in August 1997; that his duties include advising
the commission on election matters; that he had been advising the commission
since the tenure of the first IEC Chairman Bishop S. Tilewa Johnson. He noted
that the commission normally sets electoral programs which the Secretary
implements. Mr. Ceesay said his role as Chief Electoral Officer was to
facilitate the implementation of the programs. He told the court that in March 2005,
the IEC was required to prepare a document indicating all the electoral
activities to be carried out by the Commission. He said the Commission was also
required to prepare another document on all the electoral activities that were
planned for the period 2005-2008. He said that all the unit heads got together
and a document was produced which was referred to as the Donor Assistance
Document. Mr. Ceesay said the document was approved by the then Chairman, Mr.
Gabriel Roberts. He explained that the document catalogued the programs and the
materials required by the IEC. He said that it entails programs such as
institutional capacity development, human resources development, structural
development, conducting deleting exercise, a supplementary registration of
voters, the conducting of Presidential, National Assembly and Local Government
elections. Mr. Ceesay said the voter deletion exercise was scheduled to take plac
e in January 2006, supplementary registration in March, Presidential election
in October and the National Assembly elections in January 2007 and that the
local government elections in January 2008. Kawsu Ceesay noted that the
Document on Donor Assistance was sent to the various donor institutions, adding, “
It is meant to enable funds for IEC to conduct elections.” He said they
organised a round table meeting with the donors, the department of state for
finance and the meeting was chaired by the SoS for finance, Mr. Musa Bala Gaye.
See next edition of this paper for continuation.
ALIEU JOBE TESTIFIES IN TREASON TRIAL
By Fabakary B. Ceesay
Alieu Jobe, the former Accountant General, who is standing trial at the High
Court for treason, has testified on Thursday 12 July before Justice Anin
Yeboah.
Mr. Jobe said he was detained at the NIA for five days in a cell called “
Bamba Dinka”. He said he was not allowed to eat as normal, noting he ate only
once in a day, that is in the morning. He said he slept on a bare floor and was
eating and drinking in the same cell. He said the cell was small and dirty.
He said he was tortured for five days and was later moved to Mile Two
Prisons. He said on 14 April 2006, he was taken from Mile Two and was escorted by
soldiers in black uniform to the NIA at around 10pm. Mr. Jobe said he met
Lieutenant Musa Jammeh who took him to the back of the building and subjected him
to torture, beatings and insults. Jobe said they were asking him all sorts of
questions of which he had no clue of. He said blood oozed out of his nose
and mouth due to the beatings. He said he was taken to Boto Keita who took his
statement, adding that he was not cautioned and no independent witness was
present. He said he was beaten with sticks and batons, and a black plastic bag
was put over his head. He said on the 25 March 2006, he was taken to face the
panellists, but to his surprise, he found Corporal Sowe with a video camera
there and the then Army Spokesperson, Lieutenant Lamin Gano, the then NIA
boss, Harry Sambou, the then IGP Major Ousman Sonko (now SoS Interior) and
Brigadier General Lang Tombong Tamba were all present when the recording of his
statement was done at night. He said he was compelled to make the statement for
the video recording by the members of the panel. Jobe could not decline
making a statement, noting he was going to be tortured had he declined to make a
statement. He recalled that on 14 April 2006, he was tortured at the NIA
headquarters by Lieutenant Musa Jammeh, Malick Jatta, Sana Manjang, Private
Correa, Alieu Jeng and Warrant officer Tumbul Tamba. He added that he knew some of
the soldiers who were beating him, but he came to know the others when he
heard them calling each others’ names. Alieu Jobe indicated that a T-shirt was
brought to him by Musa Bojang who went to his house to collect the white
T-shirt for him. He said at the NIA, he was fed by one Mr. Ngum who used to give
him half bread every morning, adding that that was the only food provided for
him everyday. Mr. Jobe said at one point, he was escorted to the NIA where
he met Tamsir Jasseh being tortured and that he heard them saying “beat him,
we don’t have enough time.” He said he and Tamsir Jasseh were in handcuffs
when they were being tortured. He added that while they were beating him, he
was asked to stand up but he could not stand up due to the pain. He said a
soldier held him by the collar of his shirt and pulled him up resulting in the
tearing of his shirt. He said he was bleeding from bruises that he sustained
during the torturing and that there was blood stains on his shirt. He added
that the bruises disappeared on his body because of the nature of his skin and
that the incident happened 16 months ago. A T-shirt was tendered in court
and marked as exhibit.
MAGISTRATE AMINA SAHO CEESAY APPOINTED SHERIFF OF THE COURTS
By Sarjo Camara-Singhateh
Reliable sources have informed this paper that Magistrate Amina Saho-Ceesay
of the Bundung Magistrates’ Court has been promoted to the position of
Sheriff of The Gambia, with effect from the 1 of July, 2007.
Saffiatou Njie, who was the former holder of this high office, was the one
mandated to oversee the Sheriff division of the court.
The functions of the office are governed by the Sheriff and The Civil
Process Act and the duty of the Sheriff is to ensure that courts’ decisions and
judgment are enforced according to law.
Magistrate, Amina Saho-Ceesay, was a first class magistrate at the Bundung
Court. She was the first chairperson of the Childrens’ Court. She is a graduate
in law and a barrister at law. She served in the judiciary for the past
three years and her promotion came though the Judicial Service Commission.
Confirming the story, the Registrar and Deputy Judicial Secretary, Mr.
Haruna Jaiteh, described Amina Saho-Ceesay as a hardworking woman, noting that she
deserved the promotion.
GAMBIA’S FIRST INTERNATIONL LITERARY FESTIVAL STARTS TODAY
By Fabakary B. Ceesay
The first International Literary Festival in The Gambia commences today,
Friday 13 to 15 July 2007, at the Sun Beach Hotel at Cape Point. The festival is
organised by SABLE “Lit Mag,” an international literary magazine that
features writers of African and Asian decent and other nationalities, from across
the globe.
Internationally renowned writers, such as the esteemed award winning
Nigerian novelist, Buchi Emecheta and the equally renowned award winning Malawian
Poet, Jack Mapanje will be taking part in the second (2nd) SABLE “Litfest”
(Literary Festival). Writers and performing artists include Dorothea Smart,
Courttia Newlan and Bin Yavanga Wainaina. The festival will also witness the
launching of “Reading the ceiling,” the debut novel by The Gambian female
author, Dayo Forster, published in May 2007.
The other events to be included in the program will be creative writing
workshops, discussions and talks on Gambian Literature, Black British Literature
and a panel of international women writers from Australia, Zimbabwe, USA, the
UK, and The Gambia. The writers will talk about the challenges and access to
writing for women in their home countries. Other Gambian writers that will
participate are Sally Singhateh and the play write Janet Badjan-Young. The
festival will also include story-telling events for children and adults. The
post festival activities will also include, workshops on writing fiction,
writing poetry and a workshop on preparation for publication.
SABLE LitMag is a 132 page, black and white international publication for
writers of colour produced by S.A.K.S media which offers training through
e-internship on professional development for writers through its courses and
workshops and a reading series which brings SABLE LitMag “Live and off the page”
with regular performances and reading around the globe. SABLE LitMag was
founded by Kadija Sesay, of Sierra Leonean parentage, in the late 1990’s. To
date, SABLE has profiled major international renowned writers on its covers,
including Liton Kwesi Johnson, Buchi Emecheta, Niyi Osundare, Merita Golden,
Chinua Achebe, Sonia Sanchez, Kamau Waite and Walter Mosley.
The forthcoming issue will feature, Dennis Brutus, Nawal el Saadaw, and
Caryl Phillips. “We believe that the move to The Gambia, complements the
internationalism of the writers and the magazine. In the long term, we can see that
The Gambia and in general West Africa, will be noted as an exciting and
viable location for major art and literary festivals and by so doing, help to
encourage a sustainable creative economy,” said Kadija Sesay.
PA SALLAH JENG’S TRIAL SET FOR ADDRESS
By Bubacarr K. Sowe
The economic crime trial of Pa Sallah Jeng, the suspended Mayor of Banjul,
is set for address at the High Court.
Presiding judge, Justice Sanji Monageng of the High Court, on Wednesday
ruled that the prosecution requested for more time and that she will give them
time to file their address on July 16.
Following that address, the defence counsel will also file their reply on
July 19 which could be followed by the state responding on any point of law on
July 23.
The suspended Mayor was recently acquitted on two charges out of the six
charges preferred against him by the state.
However, the remaining four charges are still being tried by the court.
FOCUS ON POLITICS
1981 POLITICAL CRISIS
STATE OF EMERGENCY RENEWED AGAIN
With Suwaibou Touray
We have finished the narration of events in 1983 and have also dealt with
the second Anniversary of the Senegambia Confederation.
In the last issue, we have stopped at where we reported that President Sir
Dawda Jawara advised importers to restrict their importation to only necessary
and scarce items because of the grave economic situation confronting the
country. Let us pick up from where we left in the last issue.
With the economic difficulties biting the ordinary Gambian in 1983/84, the
state of Emergency and curfew also became a matter of serious concern to the
ordinary person.
The incident came at a time when the people were completely tired of the
curfew and the state of Emergency, but the incident also increased the security
alert within the society at large.
On the 5th February, the Vice President Hon. B.B Darboe introduced a motion
seeking the approval of the house to extend the State of Emergency for a
further period of twelve months.
The Vice President requested from the Deputies to give exceptional powers to
the State to enable it deal with what he described as ‘an exceptional
situation’. He said the consequences of July 30 1981 event were still with them and
argued vehemently that it was in the public interest that the request was
being made.
Honourable Sainey Singhateh, Member for Wuli, seconded the motion to extend
the Emergency powers. He said that the powers were still needed since the
consequences of the 1981 events were still lingering; that they still needed to
screen themselves to make sure that there was no repetition of the event.
Hon. Foday Makalo, an NCP( opposition) member of Parliament, however
expressed his doubt regarding the neccessity of the extension because, as he said,
he thought the trials were almost completed.
Hon. Dr. Lamin Nafa Saho opined that if it were in other countries, the
events of July 30 would have been dealt with within a period three days, but that
because their Government adhered to the principles of democracy; the
emergency situation was still not over. He then gave his full supporte to the
extension.
For Honourable Dembo Bojang of Bakau, an NCP M.P, it was the same old
reasons they advance anytime they wanted an extension. He argued that the people
were very unhappy with this kind of situation.
Hon. M.C Jallow expressed surprise at the long debate. He said, “I thought
what we had agreed was for only three people to speak after which the adoption
would take place.” He added that even the holy Koran said, if someone tries
to kill you and he failed, if you get him, kill him.
Hon M.C Cham said he concurred with him and had given his full support to
the Extension of the state of Emergency.
On 18th February 1984, The Gambia celebrated 19 years of independence. The
president in his speech said he lifted the death sentence and replaced it
with life imprisonment for all the twenty seven people convicted and sentenced
to death for complicity in the July 30th abortive coup. He also said he has
commuted the death sentence on eleven of the men to life imprisonment and
those of the 16 men to 23 years imprisonment. Records show that Mr. Pap Cheyassin
Secka, the former leader of the defunct N.L.P Party,who was also sentenced
to death was among those whose sentence to death were commtted to life
imprisonment..
The other issues that exercised the minds of the elites were the two
commissions which were created in 1983 i.e, The Law Reform Commission and the Gambia
Law Foundation.
The Commission was created to remove dead wood legislation. The Gambia
inherited several volumes of laws from the colonial masters, most of which were
irrelevant and out of date. The objective stipulated then was to regularize
this situation that was there over the years and the said laws of which the
parliament had always been amending.
Furthermore, it had shown that our laws such as Rogue and Vagabond,
Sedition, etc., were all not in conformity with international standards as they are
colonial legacies that are not in line with democratic norms and standards of
best practice.
The reforms, however, ended up as a big disappointment. According to the
Senegambia Sun Newspaper, the changes basically remained the same after the work
of the two commissions as it was only the wordings that were different but
not the essence.
The event that always interested the people in the 1980s, especially during
the recession and drought period, was the annual “Meet the Farmers’ Tour “ .
In 1983/84, even though the president visited many places, one project that
attracted his attention and that of the whole Government was the project
built by the people’s Republic of China (mainland) at Kaur in the Macarthy Island
Division. The President expressed how impressed he was of the modesty and
sense of devotion to duty portrayed by the Chinese. He said unlike The Gambia
Government officials, the Chinese would not complain about the heat nor of the
mosquitoes.
The other good thing the Chinese did in this country was to build a brand
new Independence Stadium at Bakau which was officially opened by the president
on Monday the 20th of February 1984 as part of the 19th Anniversary of
Independence.
NB: In the last issue it was reported that the budget of the Senegambia
Confederation was equivalent to 4 billion dalasi. This was the figure that we got
from the Senegambia Sun Newspaper. Apparently, this was a mistake on the
part of the paper.
See next edition of focus as we advance into the 1980s.
NHRJ on Journalist Chief Ebrima B. Manneh’s Disappearance
The Network of Human Rights Journalists (NH.J) - The Gambia expresses total
dismay over the continuous disappearance of Chief Ebrima B Manneh., a
reporter with the Daily Observer Newspaper, who was last seen on July 7, 2006, after
he left his home for work and never returned home.
Mr. Manneh’s continuous disappearance is a concern to all those who are
concern with human rights and freedom of expression, his relative and love ones,
and the media, but most especially his family where he is the breadwinner.
Chief Ebrima Manneh’s parents are old, and he was the sponsor of his younger
sister’s education. His disappearance is making life difficult for his entire
family. Journalist Manneh’s disappearance also leaves a gap in the
dissemination of news in The Gambia. The publication of his column had ceased. The
Network of Human Right Journalists is calling on the security agents to play a
role in the search for Journalist Chief Manneh. We also wish to seize this
opportunity to call on any individual who might know or have information
about Mr. Manneh’s whereabout to report the matter to media houses and to the
relevant authorities.
NHRJ wish to seize this opportunity to inform the general public that there
will be a symposium on Chief Ebrima’s one year disappearance on Saturday July
14, 2007.
FUNDAMENTAL RIGHTS AND FREEDOMS ARE JUSTICEABLE AND IF VIOLATED CAN BE
ENFORCED BY GAMBIAN COURTS
Says Dr. Carol
By Sarjo Camara-Singhateh
Fundamental rights and freedoms are justiciable and if violated, it can be
enforced by Gambian Courts , said Dr Henry Carrol.
Dr. Henry D. R Carol, Solicitor General and Legal Secretary, made this
statement at a two day-workshop organised for the Gambia-security agents by Bajito
Onda Africa Foundation, a charitable, non-Government Organisation which
strives to empower women and children in Africa.
Dr. Carol said “In The Gambia, like several other African States, some Law
Enforcement Officers do not have the foggiest idea about the provisions of the
African Charter on Human And Peoples’ Rights, the Constitutional Human
Rights provisions, the United Nations 1948 Universal Declaration of Human Rights,
the Protocol on Rights of Women in Africa, the United Nations Conventions on
the Rights of the Child, etc. The Solicitor General remarked “as a direct
consequence of ignorance of the sacrosanct and inviolable provisions of the
aforesaid International and Regional Human Rights Instruments, Law Enforcement
Officers, at times, become very overzealous in the execution of their official
functions and responsibilities, thereby at times violating the fundamental
Human Rights, Freedoms and Civil Liberties of people who are in their lawful
custody awaiting trial for whatever offence or offences”.
In answering the question he posed regarding the meaning of the term Human
Rights, the Solicitor General said that it is simply rights pertaining to human
beings. He said that he would repeat “A well known statement that is often
parroted by Human Rights Lawyers, Consultants and Activists, right round the
whole wide world…’Human Rights are Universal, Absolute and indivisible, and
the Violations of Human Rights Anywhere, is the Concern of People Everywhere”
The Solicitor General further added that Independent Sovereign States are
usually bound by International and Regional Treaties, Conventions and Accords,
etc., which they have signed, ratified and domesticated; that there are
exceptions regarding those Conventions and Treaties, such as those on Torture,
Slavery, etc., which are legally binding on all sovereign States, irrespective
of whether the States in question have signed, ratified and domesticated them
or not.
Dr. Carol said that the United Nations has instituted a Human Rights
Commission which has powers to discuss gross or heinous violations; that the UN
Human Rights Committee, established in 1977, has the power or mandate to
investigate complaints from individuals; that there are different Regional Human
Rights Conventions which have established mechanisms for receiving and dealing
with individual complaints and that these include the African Charter on Human
and Peoples Rights(The Banjul Charter); that The Gambia has signed ,ratified
and domesticated this Charter which therefore makes it a part and parcel of
the domestic laws and fully enforceable by Gambian courts of competent
jurisdiction; that this is in accordance with Section 4 of the Second Republic
Constitution of The Gambia(1997).
IMBALANCES OF OVER D800 MILLION
The Permanent Secretary at the Department of State for Finance and Economic
Affairs, Abdou Touray, has informed Parliamentarians that the imbalances of
over 800 million in the government’s audited accounts is largely due to
missing documents at the Treasury during the time the accounts were in operation
(1992-1999). Mr. Touray indicated that some of the missing documents were
attributed to the practice of handing over documentation during the commissions of
enquiries. Mr. Abdou Touray made these statement at the National Assembly
chamber while submitting his report to the Public Accounts Committee and Public
Enterprises Committee. Mr. Touray informed the committee members that the
decision has been taken to restate the balances after the audit of the
2000-2004 accounts. The Finance and Economic Affairs P.S said the exercise will be
carried out in collaboration with the National Audit office to help identify
the balances to retain and the balances to write off. He said at the end of
this process, the final restatement of the accounts will be tabled for approval
by cabinet and the National Assembly. This, he said, will facilitate a new
beginning for the public accounts and officials can be held directly
accountable. With the advent of the Integrated Financial Management and Information
system (IFMIS), annual accounts of the preceding year will be produced in the
first quarter of the following year, every year, he intimated. This he said
will be backed by proper documentation of financial transactions through the new
tracking system.
IS MASTER TAMBA FOFANA DETAINED AT FATOTO POLICE STATION?
The head master of Kudang Lower Basic School, Mr. Tamba Fofana, who was
arrested by the security forces and detained for almost ten months, is said to be
spotted by his family members at Fatoto police Station. Fatoto is situated
at the far eastern end of the country. According to the wife and son, they
have gone to all the Police Stations in the country in search of their
breadwinner and they were lucky to see him at Fatoto Police Station.
Speaking to this reporter in tears, the wife said she is appealing to the
state on behalf of the family to release her husband. The wife said she is not
aware of her husband doing anything wrong, but that even if he had done
something wrong, let the authorities pardon him.
She explained that her husband suffers from physical disability, and that he
cannot walk without a “supporting stick”.
“When I saw him at Fatoto and called his name, the Police drove me away”.
The wife said that the clothes and foodstuff she went with to give to the
husband were rejected by the police who told her that the person she was calling
her husband is indeed not the one.
It could be recall that the high court had issued an order for the release
of the detainee. But Fofana is yet to be released
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