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From:
Momodou Camara <[log in to unmask]>
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The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Wed, 23 Feb 2005 18:20:56 -0500
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Issue No. 14/2005, 21-23 February, 2005

Editorial
The Limitations of the 1965 Constitution
The Gambia Independence Order paved the way for The Gambia to become
Independent on February 18th 1965. A new Constitution came into existence,
the 1965 Constitution. Even though the new reality made it possible for
the Gambian people to determine their manner of government and the
representatives of the country, the 1965 constitution was very much
limited in scope in that it did no uphold the sovereign rights of the
Gambian people; it did not uphold that The Gambia belongs to the Gambian
people who must become masters of their own destiny. On the contrary under
the 1965 Constitution sovereignty resided in a foreign power, Her Majesty
the Queen of the United Kingdom.
For example section 32 of this constitution states, "There shall be a
Parliament which shall consist of Her Majesty and a House of
Representatives". Furthermore, section 63 states, "There shall be a Prime
Minister who shall be appointed by the Governor General", a representative
of the Queen. According to section 66, "The function of the Cabinet shall
be to advise the Governor General in the government of the Gambia &#133;."
Again according to section 60, "The Governor General may at any time
prorogue or dissolve Parliament". Subsection (4) further reads "In the
exercise of his powers to dissolve parliament, the Governor General shall
act in accordance with the advice of the Prime Minister provided that if
the Prime Minister advices a dissolution and the Governor General
considers that the.."
We can go on and on but what is clear from the above is that under the
1965 constitution, The Gambia was a constitutional monarchy where the
leaders still owed allegiance and obedience to the British Monarch. A
referendum to decide on the sovereignty of The Gambia took place on 30th
November 1965 but the two thirds majority required for The Gambia to
become a Sovereign Republic was not attained. It was not until 24th April
1970 that the two-thirds majority was attained and The Gambia became a
Sovereign Republic with a new constitution, The1970 Constitution, which
states in section 1 that "The Gambia is a Sovereign Republic".
But this necessary step is just a declaration since the sovereignty of the
people must be build with the minds and hands of the people. They must
become enlightened and then become empowered before they can take control
of the affairs of their country; before they are capable of making
informed choices to determine how their affairs are to be managed, by
whom, on what basis, to what extent and at what cost.
Without the enlightenment of the people shall continue to grope in the
dark. Without their empowerment the sovereignty of the people will
continue to remain a dream. The enlightened are faced with the arduous
task of enlightening the people.


HALIFA ON NADD
By Bubacarr K. Sowe
The Coordinator of the newly formed National Alliance for Democracy and
Development (NADD) and National Assembly member for Serrekunda Central,
Hon. Halifa Sallah recently spoke to FOROYAA. In an interview with this
reporter, Mr. Sallah spoke on the Code of Conduct of NADD, the Manifesto
and the role the people should play to take ownership of the Alliance.
FOROYAA: Why did you form the National Alliance for Democracy and
Development?
Halifa: A multi-party system gives opportunity to the citizen of a
republic to have a choice. Democracy is about choice and you cannot have a
choice without having an alternative. So when you have a party running a
country you equally need another party checking what it is doing,
criticizing what is wrong, preparing a programme In short, when you are
dissatisfied you can give an alternative policy and put that policy before
the people so as to get their mandate in order to replace what you are
dissatisfied with, and carry out the programmes that you believe would
address the basis of a multi-party system. Now, that works where the
existing government accepts all the rules of ensuring the undiluted choice
of the people. What we have now is that the existing government has not
given the Gambian people the opportunity to hear divergent views. It does
not allow divergent views to be expressed on the TV or the radio.
Secondly, they have gone to a level of changing the constitution.
FOROYAA: Which part of the constitution?
Halifa: In the past, you have the second round of voting, which means if
you have many parties they would contest and the people will select the
two that they have given support to. If none of the two does not have 50 %
of the total number of votes, then you can have a second round of voting.
In that sense, the other parties which do not have the high marks can
actually leave the scene and the two parties will contest the election.
But what they have done is to remove the second round of voting. It means
if the opposition parties are divided it makes it very easy for the ruling
party to win even by one vote because the majority carries the vote means
that the more you can divide the opposition the greater the chance. So you
can have an unpopular government to win an election not by virtue of the
fact that it is supported by the absolute majority but by virtue of the
division of the opposition. So in that sense, we see that the essential
thing here is, when we look at the Gambian situation we do not want a
government to win because of the weakness of the opposition but rather on
the basis of the its own strength. To prevent it from winning because of
the weakness of the opposition, the opposition has come together to form
the National Alliance for Democracy and Development. But we realized that
in coming together, we either have to sacrifice principles or we develop
an alliance which would allow all the parties to respect their individual
principles. And that is the alliance we have built. We saw that instead of
allowing one personality or party to lead an alliance what we have done is
to draw some principles; principles that can be safeguarded to make Gambia
more democratic. For example, we have agreed that whosoever is going to be
the presidential candidate of the alliance would not stand on behalf of a
political party. That personality will be in office for only one term; nor
will that person support any other candidate in the ensuing election. So
you see that would create equality after the term of the presidential
candidate of the alliance expires. It means that you will have a level
base for all political parties to start their campaign and put up their
respective candidates and none will complain of unfair treatment or
advantages being given to one party or another, or one personality or the
other. So that is why we have done that. It means then that all parties
will stand again because the radio will be open to divergent views, the
same thing will apply to the television throughout the five years of
NADD's presidency. And at the same time, the constitutional changes will
be made to restore all the progressive things that were in the
constitution before and add new things. For example, we agreed that we
limit the term of the president to two terms. So in that sense, after the
term of the NADD presidency we will also change so that no person can stay
in office for more than two terms. These are all progressive laws that
NADD has in mind.
FOROYAA: Why is it necessary for you to form the alliance when you have
only four seats at the parliament?
Halifa: Well, four seats has nothing to do with 2006 elections because
those who are sitting now have performed what they could and the people
are to judge them to see whether they are satisfied with their performance
or not. So if politics is conducted in a proper manner people are to be
voted on the basis of programmes and not personality. And in 2006 the
person elected president will be judged by his performance and then in
2007 the National Assembly members will be judged by their performance.
FOROYAA: Do you think it is possible to remove the APRC from power through
elections in 2006?
Halifa: The people control power. They are the ones who decide who should
be president or who should be National Assembly members. I stood here
(Serrekunda Central) for National Assembly elections irrespective of the
APRC candidate. All the finance and all the support, even last minute
declarations by the President, did not bar me from winning an election. So
it is left to the Gambian people. When they want change, change will come.
FOROYAA: African elections are usually rigged. How can you measure the
credibility of these elections, especially here in The Gambia?
Halifa: Well, rigging elections depends on the level of support of the
people and the level of their consciousness. Wherever you have a conscious
people, it is not possible for elections to be rigged. Even if there are
attempts to do so you end up failing. So our conviction is that we should
continue and enlighten the Gambian people and when they want change,
nobody can prevent that change.
FOROYAA: What type of a candidate are you going to nominate for the coming
elections?
Halifa: The person would have to be the one who accepts the principles of
NADD. The person is going to be a caretaker president, and will serve NADD
and not the political parties or a given group of people in the society.
And the agenda is to make Gambia more democratic. Secondly, the candidate
must be somebody who can win an election. He must be somebody accepted by
the vast majority of the Gambian people, as a person who can win an
election.
FOROYAA: How would you convince Gambians to vote for NADD?
Halifa: Every Gambian wants a more democratic society, a society where you
don't have to fear, a society where the President would not have so much
power that his words are taken as the law. The Gambian people want a
society where leaders have their responsibilities but they also have their
limits in the exercise of authority, where public servants will be free to
carry out their duties without fear or favour. The constitution has been
changed. We used to have Chieftaincy elections, but all these have been
removed from the constitution. Now the President decides who is Chief, the
Secretary of State for Local Government also decides who is Alkalo. So
there is less empowerment of the people and more centralization of power
in the hands of the President and the Executive. So we believe that the
Gambian people will want a system under their control so that ultimately
after the five years of NADD, they will be free to select any personality
to be their President and any individual as their National Assembly
members, without any fear or favour.
FOROYAA: In your capacity as the Alliance's Coordinator, how will you gear
NADD into victory in 2006?
Halifa: That is not me alone. We don't have to personalize this
responsibility. In fact, the responsibility is created so that focus will
be given on NADD rather than personality. NADD is driven by principles and
programmes. The principles are clearly going to be disseminated for people
to understand and the programmes similarly. We now have the principles.
What we need are the programmes. So we have a Technical Committee that is
working on the Manifesto. Eventually, the Manifesto will reflect the
programmes of NADD. But the principles already show fundamental
differences with the APRC. While the APRC is trying to put one personality
for 2006 and 2011 by the time he finishes his term in 2011, he would have
been in office for 22 years. So clearly, that is not the type of agenda
the Gambians should have. Taking into consideration that most governments
and countries are establishing the two term limit NADD is saying the
presidential candidate would just be there as a caretaker president for
one term. And secondly, we will establish a two-term limit. So it is
fundamental that NADD is going to rely on its principles of creating an
open society, a just society where no one will fear and where justice will
be delivered to all. We will be using that plan to win the support of the
Gambian people.
FOROYAA: What are NADD's forthcoming activities?
Halifa: One, we are working on a Code of Conduct that will be launched so
that people will see it as a serious alliance and that is an alliance
based on principles. We intend to create national unity. Therefore on
NADD's platform you will not hear people advocating for tribal difference,
racial difference, attacking people on the basis of their religion. All
efforts will be made to try and unify the Gambian people. We are also
creating a Code of Conduct to ensure that slander, insults, politics of
character assassination will all be eliminated in Gambian politics. So we
intend to provide a credible alternative and therefore we intend to
promote political decency and political maturity. That is one. The Code of
Conduct will be launched and then we are to distribute the Memorandum of
Understanding in all the local languages as well as the Arabic script. We
will put it in cassettes so that Gambian people will know what NADD stands
for. This is when they will know whether to follow up to know its
programmes or whether to support it or not. So it is also a major
activity. The Technical Committee is working on the Manifesto. This will
also be launched. We intend to mobilize tens of thousands of people to
come to the grand launching and from there we will be building the
Secretariat throughout the administrative areas. The Secretariat will
coordinate all the political activities in all the divisions and we will
continue to upbeat the political programmes from then onwards.
FOROYAA: How will the AU be helpful to The Gambia with the aid of its Peer
Review Mechanism?
Halifa: The government has not signed the memorandum. You know there is a
memorandum of understanding and countries that want to subscribe to the
Africa Peer Review Mechanism must sign the memorandum of understanding. So
you know The Gambia is not a party to that. And this is the fundamental
difference between NADD and the government. In our Code of Conduct we
actually publish commitment to sign the memorandum of understanding of the
African Peer Review Mechanism and participate fully so that the government
will be judged by safeguards established by the Africa continent.
FOROYAA: Any last message for the Gambian people?
Halifa: It is desirable for the Gambian people to own their minds. The era
has come for people to take control of power. Being a sovereign republic
means that people control power. There should be no monarch. That is why
we have elections. That is why we have the vote. The vote is the citizen's
power. It characterizes your authority to decide who should manage the
affairs of the country. And all citizens have equal power to decided how
one's nation is governed. But that authority must not be sold. It must not
be given as a gift to somebody because one is a relative. It is an
authority that should be asserted and you assert it in a mature way and
that is why it is said that at eighteen years, it is believed that the
person is mature. So what is required is for that individual to be able to
sit down and decide on the basis of choice. That is the basis of voting.
If you vote without considering which is better then one has shown
immaturity and one should not really complain when one sees one's nation
going astray.
FOROYAA: Thank you very much.
Halifa: Thank you too.


LANG CONTEH REMANDED IN CUSTODY
By Surakata Danso
The trial of the former banker, Mr. Lang Conteh, kicked off at the High
Court in Banjul on Thursday 17th February 2005. Mr. Conteh is charged with
six counts of economic crimes and one count of forgery, making a total of
seven charges.
When the charges were read, he pleaded not guilty to all of them. His
counsel, Mr. E. E. Chime then stood up to apply for an adjournment and for
bail. He argued that Mr. Conteh is a highly respected person in society
and, since he is presumed to be innocent until proven guilty, he is urging
the court to grant him bail in the interest of justice, noting that the
case is a bailable offence. Counsel Chime further opined to the court that
this is not the first time the accused is charged and brought before the
same court. He went on furthermore to indicate that even though the
charges were finally struck out the accused did not abscond. Justice M. A.
Paul then asked Counsel Chime whether he had taken the trouble to acquaint
himself with the Economic Crimes Decree to which Counsel Chime said no,
while finally urging the court to uphold the application and grant the
accused bail.
In response to the application, the Director of Public Prosecutions, Mr.
Agim opposed the bail on the following grounds:
i) The impact the case has on the economy of the nation and on the welfare
of the citizens.
ii) The position of the accused in the society as admitted by the defence
can have a serious impact on the proceedings.
He argued that the accused had worked with most of the witnesses who are
mostly accomplices and if he is granted bail he may influence them which
can damage the case.
Relying on sections 3 and 8 of Decree No. 16 the DPP further submitted
that the matter before the court is not a bailable offence.
The DPP went on to cite some cases in the High Court of The Gambia and
elsewhere including the case of the state against Baba Jobe, whom he said
had commanded high respect in the society. He submitted that there is
nowhere in the constitution which says that upon the arrest of an accused
person on grounds of a reasonable suspicion such an accused person cannot
be detained.
The DPP finally submitted to the court that it is in the interest of the
public that anything that may delay the due process of justice is averted.
He finally urged the court to dismiss the application and send the accused
to detention.
In his reply to the DPP on point of law Counsel Chime for the defence
cited Order 1 of the Rules of the High Court which he said gives the court
discretionary power in considering issues of bail.
The trial judge, Justice M. A. Paul in his instant ruling upheld the
objection of the state while sending the accused, Lang Conteh to detention
until 11th of April 2005.
The accused person is charged with the following offences:
COUNT 1
Economic Crime contrary to Section 5(a) of the Economic Crimes (specified
offences) Decree No. 16 of 1994.
Particulars Of Offence: Lang Conteh, between the years 2001 and 2003 at
the Central Bank of The Gambia, Banjul, being a public officer to wit
Manager, Foreign Department of the Central Bank of The Gambia, willfully
and recklessly arranged and executed foreign exchange contracts on behalf
of the Central Bank of The Gambia with Global Finance and Assets
Management Limited causing loss to the Central Bank of The Gambia in
foreign currency equivalent to 156 Million Dalasis.
COUNT 2
Economic Crime, contrary to Section 5(g) of the Economic Crimes (specified
offences) Decree No. 16 of 1994.
Particulars Of Offence: Lang Conteh, while holding a public office, to
wit, Manager, Foreign Department of the Central Bank of The Gambia
dishonestly abused the office for private benefits by securing and signing
foreign currency contracts for and with Global Finance and Assets
Management Limited, a company wherein you hold forty-nine percent of its
share capital
COUNT 3
Economic Crime contrary to Section 5(h) of the Economic Crimes (specified
offences) Decree No. 16 1994.
Particualrs Of Offence: Lang Conteh, a person holding a public office to
wit, Manager Foreign Department Central Bank of The Gambia collaborated
with Baba K. Jobe under the name of Global Finance and Assets Management
Limited to do acts detrimental to the economy of The Gambia or to the
welfare of the people of The Gambia to wit, obtaining monies from Central
Bank Gambia to supply it foreign exchange and failing to do so.
COUNT 4
Forgery, contrary to Section 322 of the Criminal Code Cap 10 Volume III
Laws of The Gambia 1990.
Particulars Of Offence: Lang Conteh in collaboration with one Baba K. Jobe
at Kairaba Avenue, Kanifing Municipal Council, The Gambia, on 19th March
2001 forged Memorandum and Articles of Association of Global Finance and
Asset Management Limited with intent to deceive to wit that you are no
longer the holder of forty-nine per cent of the shares of the said Global
Finance and Asset Management Limited.
COUNT 5
Economic Crime contrary to section 5 (a) of the Economic Crimes (specified
offences) Decree No. 16 of 1994
Particulars Of Offence: Lang Conteh between the years 2001 and 2003 at the
Central Bank of the Gambia, Banjul, being a public officer to wit Manager,
Foreign Department of the Central Bank of the Gambia, willfully and
recklessly arranged and executed Foreign Exchange contracts on behalf of
the Central Bank of the Gambia with Wechit / Faling Bureau de Change
Limited causing loss to the Central Bank of the Gambia in foreign currency
equivalent to 68 Million Dalasis.
COUNT 6
Economic Crime, contrary to Section 5(g) of the Economic Crimes (specified
offences) Decree No. 16 of 1994.
Particulars Of Offence: Lang Conteh, while holding a public office, to
wit, Manager, Foreign Department of the Central Bank of The Gambia
dishonestly abused the office for private benefits by securing and signing
foreign currency contracts for and with Wechit / Faling Bureau de Change
Limited, a company wherein you have interest and own part of the share
capital.
COUNT 7
Economic Crime contrary to Section 5(h) of the Economic Crimes (specified
offences) Decree No. 16 1994.
Particualrs Of Offence: Lang Conteh, a person holding a public office to
wit, Manager Foreign Department Central Bank of The Gambia collaborated
with Betty Saine, Bigay Ceesay, Bintou Conteh, Miss Nyanya Joof under the
name of Wechit / Faling Bureau de Change Limited to do acts detrimental to
the economy of The Gambia or to the welfare of the people of The Gambia to
wit, obtaining monies from Central Bank Gambia to supply it foreign
exchange and failing to do so.


Land Deal Causes Rift
By Yaya Dampha
In a bid to relocate their reserve tanks somewhere outside the capital
city of Banjul the Shell Oil Company has identified a location in the
village of Mandinari, Kombo North District. The area identified is
called 'Ladulaba', a swampy area used by villagers to cultivate rice. The
community of Mandinari and its surrounding villages grow rice on this
river bank and the place is widely known for its fish resource.
According to the villagers, the Ministry of Local Government and Lands was
among the village negotiating team during all their meetings with the oil
company at the village 'Bantaba' and agreement was reached that Shell Oil
Company would pay an amount of seven million dalasis as compensation to
those people whose livelihood has been affected by the allocation
of 'Ladulaba'.
However, the village heads decided that instead of paying the D7 million
to those affected farmers alone the whole village would share it. This
decision caused a bitter protest at the meeting. Many of those who
cultivate these 'faros' are considered to be settlers. The Local
Government and Land Ministry is said to have witnessed this quarrel among
the villagers.
Reports say that some time before the Muslim Tobaski feast, Shell Oil
Company made an advance payment of one million dalasis to the Village
Development and Planning Committee, who decided to share it among the
existing 'kabilos (clans) in the village whereby each clan will then
distribute it among its clansmen. This decision caused serious trouble in
Mandinari because many were not satisfied with the way the money was
shared.
The Alkalo and his entire committee are accused of mismanagement and bias
especially among those who are considered as settlers. Some members of the
village committee have already resigned, because among them it is claimed
that those seeing themselves as indigenous citizens had the lion's share
leaving some other members empty handed and they ended up returning the
little they were given as a way of protest.
Some committee members who spoke to this reporter said that their lives
were threatened by some people in the village but did not give any names.
They said that all what was said against the Alkalo and his committee were
not true and was only aimed to frustrate their efforts in village
development. One of them said that in fact most of those howling over this
issue did not even own a simple 'faro' on this land. Another villager who
only gave his name as Morro said he is considered a settler in the village
and was given D250, even though he was at his workshop in Lamin during the
time of the said distribution of the money. He said he saw the whole thing
as being transparent.
A member of the Technical Committee who spoke on condition of anonymity
said that the whole issue happened because the youths of Mandinari are not
in any way organized under the umbrella of any 'kafo'; that there is no
strong youth group in the village and many of their youths don't want to
be part of any youth groups. He said that to avoid outsiders from tapping
the resources of the village, youths need to be organized and have a
common objective.
Shell Oil Company has already started the construction of 'Ladulaba' road
from the village to the river bank. Many in the village saw this as
another compensation to the village, whilst others understand it as an
easy access to their new site.

DARBOE & CO MURDER TRIAL RESUMES
The acrimonious murder trial involving the state and the quartet namely
Lawyer Ousainou Darboe, Rilwan Seck (the latter's bodyguard), Shyngle
Nyassi and Lamin Marong resumed at the Banjul High Court on Wednesday
before Justice Tahir.
In his testimony before the crowded court, Dr. Omar Sam, a pathologist at
the Royal Victoria Teaching Hospital said he conducted post mortem
examination on the body of the late Alieu Njie after a brawl between the
sympathizers of the ruling APRC party and the opposition United Democratic
Party (UDP). The pathologist said he performed post mortem on the body of
Alieu Njie after receiving a request from the Coroner, certified by the
Inspector General of Police, urging him to examine the deceased's body.
At this juncture, the prosecutor applied to the court for the document to
be tendered. His application met opposition from lead defence counsel,
Antouman Gaye who submitted that what needs to be tendered is the
Coroner's approval and not the request made to the Coroner. However, his
objection was overruled by the court and the document was admitted in
evidence and marked exhibit 5.
Continuing his testimony, Dr. Sam said he wrote a report after performing
post mortem on the body of the deceased, noting that he will be in a
position to identify the report. The prosecutor, Shanaka Wijesingkhe
applied to the court to tender the said report. The report was admitted in
evidence and marked exhibit 6. The application did not meet any objection
from the defence team.
"The body of Alieu Njie was identified to me by two people, one Alhajie
Malick Krubally of Basse Santasu and one Latif Sanyang who said he is also
an uncle to the deceased. The police officer present at the identification
was First Class Regimental Number 1215 Faal," he remarked.
He testified that the cause of death is acute haemorrhage resulting from
multiple stab wounds, adding that there were fifteen stab wounds on the
body of the deceased. According to him, there were bruises, contusions and
lacerations on the body of the deceased.
Going further, the witness testified that the stab wounds on the body of
the deceased were caused by a sharp object, mostly likely a knife. He said
from the nature of the wounds, the edges are sharp and the margins are
straight. He noted that blunt force has also been used to cause contusion
and the bruises. He said four injuries caused the death of the deceased.
The prosecutor, Shanaka Wijesingkhe at this juncture asked the witness
whether the deceased could talk before his death. At this juncture, Lawyer
Antouman Gaye stood up and objected to the question. He said the
pathologist performed post mortem on the body of a dead person and could
not have known whether the deceased was able to talk or not. He said any
answer given would be based on speculation. The presiding judge overruled
his objection, but the defence counsel insisted that he wanted his
objection to be recorded, and the justice heeded to his request. The
pathologist said the deceased could talk before his death because the
report given to him said so.
Antouman Gaye took from where Wijesingkhe stopped and began his cross-
examination. He gave the witness exhibit 5 and asked him what the document
was. The witness replied that it is a request form from the Coroner. He
asked the witness to read the content of exhibit 5, but the witness said
he will not do it because he hasn't the need to do it. The defence counsel
pleaded with him, but he insisted that he will not do it. At this point,
the presiding judge asked him to read it. The witness did as he was
ordered. The witness later concurred with Gaye's suggestion that somebody
signed it as Inspector General of Police for the removal of the body of
Alieu Njie from Basse Health Centre and for instructions to be given for
post mortem to be carried on it. Antouman Gaye asked the witness whether
the post mortem report he prepared mentioned anywhere that the person who
has the injuries on him could talk, but the witness gave an evasive answer.


MAGISTRATE RICHARDS INVITED, NOT ARRESTED
Some may wonder what the difference between the two is but others draw a
distinction between the two. Magistrate Richards of the Kanifing
Magistrates Court is concerned that he is not seen in the wrong light and
called to emphasize that he was invited by the NIA to clarify matters
surrounding Harry's Supermarket. He handled a case against Harry's
Supermarket and made an adverse judgment against them which was reversed.
He felt exonerated and was happy to clarify matters. He opined that
talking about arrest can give the impression of wrongdoing which was not
the case. He was particularly concerned because of the sensitive position
of magistrate he was handling.
FOROYAA was motivated to report on Mr. Richards' going to the NIA because
of the way it happened which shows no respect for the judiciary, as a
matter of great concern.
On Wednesday 16th February 2005 an eyewitness attending a court proceeding
presided over by Magistrate Moses Richards at the Kanifing Magistrate
Court witnessed a scene that confused him. Whilst the court was in
progress, a gentleman came and stood at an entrance to the chamber and
then handed a note to the police officer/orderly for onward transmission
to Magistrate Richards. Once this paper was handed to Richards who after
reading it immediately stood up, asked the court to stand down and then
left for his office followed by the gentleman.
The witness told FOROYAA that they were in the magistrate's office for
some time scuffling through files and were later seen heading towards a
vehicle parked some metres away from the courtyard with Mr. Richards and
his orderly following behind this unknown visitor and speeding towards the
direction of Banjul. The witness further said that some hours later they
returned and entered the magistrate's office apparently searching for
something in the files; that after a while they again left towards Banjul.


JUDICIAL SECRETARY SACKED
By Surahata Danso and Emil Touray
Judicial sources have informed this paper that the Judicial Secretary,
Kumba Conateh Semega Janneh has been relieved of her duties. Sources have
it that no official reason has been advanced for her removal.
Kumba Janneh replaced Reuben Phillot as Judicial Secretary. The latter was
also earlier relieved of his duties as Judicial Secretary.
The aforesaid position is a 'hot seat'. Isatou Combeh Njie who once
occupied the seat was also given her marching orders in 2001 and was
succeeded by Phillot.
The official who spoke to FOROYAA under condition of anonymity told this
reporter that the reason why Africa has a large number of brain drain is
that African governments do not allow the professionals in their civil or
public service to have the necessary degree of freedom and independence
that they need to effectively and efficiently serve their countries. She
then paid tribute to the former Judiciary Secretary describing her as a
very hardworking official who leaves her office late in the evenings on
working days.
She questioned why public servants can be removed from office without
giving reasons, noting that the aftermath has repercussions on the
manpower and economy of the state. She also cited the recent plans of the
former Judiciary Secretary to have in place a viable statistics recording
of the activities of the court.


GAMCO DENIES BLAME
Mr. Kaba Jallow, the spokesperson of Gamco has told FOROYAA in an
exclusive interview that buying agents and not Gamco are responsible for
credit buying of groundnuts. He claimed that purchases by buying agents
are prepaid, noting that before departing to purchase groundnuts they do
provide them with empty bags and other logistics such as D900 for
transport; that they also pay for their licenses. He informed Foroyaa that
some buying agents are given adequate cash to purchase 30 tonnes of
groundnuts; that it is the responsibility of the operator to transport the
nuts to a GGC depot where they will be given a receipt, not Gamco; that
they can use the cash received to purchase more nuts. He thus concluded
that Gamco could not be responsible for any delay in paying farmers. He
emphasized that Gamco's responsibility is restricted to groundnuts in the
depots. He said that before the groundnuts are delivered at the depot
there could be delay due to lack of transport or queuing of transport at
the depot. He further explained that upon delivery of the groundnuts at
the depot officials there confirm and then send the weight ticket to Gamco
for verification; that upon verification another consignment of cash would
be delivered to the buying agent.
He indicated that this takes time and necessitates credit buying during
the period. He noted that when the farmer delivers his / her nuts during
this period when cash hasn't come yet he/she is obliged to leave it at the
secco until cash arrives. He questioned whether this could be called
credit buying, noting that a secco manager cannot send a farmer back home
because cash has not yet arrived. He further explained that they disbursed
D16 million some days ago in addition to D30 million previously given. The
money this time was channeled through the Department of State for
Agriculture to take charge of the distribution to cooperative societies
unlike before when they used to deal with the societies directly.

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