Foroyaa Newspaper Burning Issues
Issue No. 94/2004, 29 Nov.- 1st. Dec , 2004


Editorial
STUDENTS BEWARE!!!

Students of today are the technocrats and administrators of tomorrow. As
students they are preparing themselves to take leadership of society
tomorrow. In their preparation it is important that they learn from best
practice and internalize the highest moral.

A students’ union can serve as a school of leadership through which one
learns to serve others. Student leaders should see themselves as servants
of the mass students whose interest they are obliged to protect. Students
should see themselves as part of a greater social milieu within which they
have to operate. As the whole society is obliged to prepare its young to
take over the helm of society in the future, the young are obliged to
become fully mature to take over the helm in order to avert adverse
consequences. They have to do this whether or not their parents and fore
parents have failed to do so in the past.

They have to learn and absorb the attributes of leadership. They should
realise that a true leader of the people is a guide, one who paves the way
when there is chaos and not one who sings praises or dances to the tune of
a master/mistress. A true leader is always guided by principles and always
takes the concerns of the led on board.

The Students’ leadership should focus on the concerns of students. They
should strive for unity and avoid division. They should guard themselves
against politicians and opportunists who try to manipulate them in pursuit
of their selfish interest. As a student preparing to take over the helm
tomorrow, loyalty to your nation should be your drive, not loyalty to any
individual or government. This of course does not exclude a working
relationship with a government in power. It is an obligation on both sides
to strive to have a healthy working relationship. This is bound to happen
if both sides focus on the concerns of students. The caution to be taken
note of is that students should avoid being used as a tool of the
government.

Infact the best way a government can win the confidence and support of the
student population is by attending to their concerns, not by attempting to
implant a leader loyal to government in the students’ movement.
The point is that students may have different political orientations but
what they have in common is that they are students.

As it stands some students say that the executive committee of GAMSU have
overstayed and are demanding for a congress. The GAMSU Executive has
acknowledged the need for a congress and has complained of the lack of
funds. There is no need for a quarrel. Both sides should now use the GAMSU
constitution as their guide and work hard towards a congress. Assisting the
GAMSU executive to facilitate the convening of a congress is more fruitful
than trying to crush it. Let that be the decision of a congress.

B.B. DARBOE SUES GOVERNMENT
By Emil Touray

Bakary Bunja Darboe, a former Minister of Finance and Vice President who
served both President Jawara and President Jammeh has instituted legal
action against the government of the Gambia.

Mr. Darboe who is currently in exile in the United Kingdom has instructed
his Counsel to institute legal action against the government demanding an
injunction restraining the defendant (the government), its servants and
agents from depriving the him of his properties in breach of Section 22 of
the Constitution.

He is also asking the court to make a declaration that the ban against the
him from holding any public office was in violation of the provisions of
the First and Second Republican Constitutions and was to that extent null
and void and of no effect.

He is also asking the court to make a declaration that the Commission of
Inquiry purportedly established to probe the assets of the Plaintiff and
presided over by Justice Vida Akoto Bamfo was an improperly constituted
commission.

Mr. Darboe is also asking the court to make an order setting aside the
findings and orders of the said improperly constituted commission, whilst
urging the Court to make a declaration that the provision of the African
Charter on Human and Peoples Right in relation to fair hearing has been
violated by the said improperly constituted commission of inquiry.
The former Minister of Finance and Vice President is asking the court to
make a declaration that the government decision to forfeit his properties
at 11 Cape Point, KSMD (fully developed dwelling house) a property at
Brikama, which is partly developed (about 95%), a property in Farafenni
with mud building acquired in 1977, Fenced plots of land in Kotu (granted
by State Land Authorities in 1991/1992) and Lamin, a Sinchu Alhaji property
granted by customary titleholders and unfenced plot of and in Dumbuto
granted by customary landholders, a Kerr Serigne grant from state land
authorities as contained in an undated government white paper is null and
void.

He is claiming damages for the wrongful seizure of his properties and the
loss of income on the said properties. He is also asking the court to grant
him interest and cost.

DPP FAULTS ALIEU & CO TREASON TRIAL
By Emil Touray

The treason trial involving the state and the following convicted ex-
military personnel, namely Lamin Jammeh, Lamin Jarjue and Alieu Bah resumed
at the Supreme Court on Wednesday with the Director of Public Prosecution,
Akimoyae Agim faulting the case of the appellants.

“I received the grounds of appeal this morning. I have an objection to make
on the competence of grounds three, four and five. It does not arise from
the decision of the Court of Appeal. If they intend to raise a fresh issue,
they should ask for leave. Ground five was not pursued at the High Court.
Effectively they have two grounds,” Agim posited.

In his submission, the head of the defence team, Ousman Jammeh submitted
that the defence has heard the submission of the DPP, but notwithstanding
that they are prepared to proceed with their argument.

“He would prefer written argument to support our grounds. If we are given
time, we will be in a position to serve him (DPP) written argument by
Friday,” he remarked.

At this juncture, the court asked the learned DPP when he would be in a
position to file his written brief. The learned DPP responded that he would
be in a position to file it by today.

The Chief Justice pointed out that the court has a technical problem and if
the matter cannot proceed that day (Wednesday) then it means it has to be
adjourned to the next sitting of the Supreme Court, which is, either in
April or May.

At this stage, the Chief Justice asked Lawyer Jammeh whether the accused
persons are on bail. Jammeh replied that they are in custody.
DPP Agim stood up to say that the court cannot discuss the issue of bail,
whilst submitting that the accused persons have been trying to overthrow a
government and destabilize this country.

“They have been found guilty by a court and the Court of Appeal confirmed
it,” he said.

At this point, Jammeh said he will provide the court with the authority
that allows counsels to go down to other issues that are not in the
records. He said even though he was not part of the counsels who were
representing the accused persons, he was given the records of proceedings
two to three months ago. He said he was approached by the master of the
High Court to represent the accused persons. He informed the court that the
accused persons have been sending word to him to go and have an interview
session with them where they are incarcerated. He said he got the request
letter to represent the accused persons two days before the start of
proceedings. He said another counsel was approached by the Master of the
High Court, but he declined to represent the accused persons.

The court later ruled that the case is adjourned till the next session of
the Supreme Court, which will be, either in April or May. He urged counsels
to file their briefs by February 2005.

MOMODOU JOBE DENIES ALLEGATIONS

The Precious Stone Dealer, Momodou Jobe, who was recently detained at Mile
2 Prisons and subsequently charged and brought before a court, has denied
allegations published in a local newspaper that he allegedly obtained
US$500,000 from one John Jammeh with intent to defraud. According to the
allegations, Mr. Jobe took money from Mr. Jammeh and issued about 9 cheques
to him for the settlement of the money by false pretence and with the
intent to defraud when he knew he does not have such amount in his account.
The cheques are said to be with the Police, as the bearer could not cash
them.

Subsequent to the publication of these allegations, Mr. Jobe through his
Lawyer has denied ever obtaining the sum of US$500,000 or any sum at all.
He further indicated that the only John Jammeh he knows is a former Billing
Clerk with NAWEC and could not have earned a monthly salary of even US$250.
Mr. Jobe denied that he took any money from Mr. Jammeh or issued any cheque
to him, in settlement of the said sum, and also denied that his cheques are
with the Police. He further denied that he had ever issued cheques to M.
Jammeh and received monies from him.

Mr. Jobe is currently facing trial at the Banjul Magistrates court and has
pleaded not guilty to the charges preferred against him; he was released on
bail by the court.

DEVELOPMENT THROUGH SOLIDARITY NOT CHARITY

The People’s Centre for Learning and Teaching for Awareness, Empowerment
and Development is currently providing adult literacy programmes, library,
computer, micro-credit and counseling services. The Centre is also focusing
on the community and community initiatives to empower the people by
combining civic awareness and economic empowerment programmes.

Foreign visitors have developed affinity to the Centre and are utilizing it
as a development partner to render services to the community.

Jeap and Mary Zwirs with Wout and Janny on Wednesday 17th Issue No.
93/2004, 25-28 November, 2004 November 2004 visited Brufut Women Vegetable
Garden and Adult Literacy Project and Sanyang Women Adult Literacy Project.
The visitors contributed token sums of money to the women of Brufut to
purchase seeds for their vegetable garden and for Sanyang women to buy
materials for their small-scale economic projects.

In his remarks to the women, Mr. Jeap who visited The Gambia 18 times and
contributed immensely in the socio-economic development of the country in
helping to give a fulfilled life to the people outlined their activities
and experiences in different regions of the country. He underscored the
importance of good health habits and practices emphasizing preventive care.
A group leader and adult literacy facilitator, Mai Sanyang expressed the
women’s gratitude and opined that this new approach to donorship is giving
solidarity to help empower the people not charity.

D5.5 MILLION EARMARKED FOR NAYCONF
NOC RECEIVES D300, 000.00
By Emil Touray

Abass Bah, Acting Programme Officer of the National Youth Council (NYC) and
a member of the National Organizing Committee for NAYCONF has indicated
that despite the fact that five million five hundred thousand Dalasis is
earmarked for the forthcoming NAYCONF, the Organizing Committee has only
received three hundred thousand Dalasis from benefactors.

Mr. Bah made this statement at a recent courtesy call made by the National
Organizing Committee of NAYCONF to the Kanifing Municipal NAYCONF local
organizing committee. He said the government has contributed two hundred
and fifty thousand Dalasis for the programme. He said the United Nations
Children Fund has also contributed some amount of money. He posited that
some institutions have promised to contribute towards the success of
NAYCONF. This disclosure has left people wondering whether the programme
will go as planned.


TRIAL OF FONI KANSALA 8
By Surakata Danso

The trial of the Foni Kansala 8 commenced at the Banjul High Court on the
25th day of November 2004 before Justice Tahir. The case that attracted so
may onlookers from the district, the entire Fonis and people from the
Greater Banjul filled the courtroom and verandah to capacity.
The accused persons are Momodou Lamin Nyassi, Kawsu Gibba MP, Ndongo Mbaye,
Lamin Faal, Bala Manneh, Mustapha Sanyang, Alh. Omar Ceesay and Ebrima
Saidy.

The prosecution are Mrs. Ida Mboob and Miss Wood, while the defence team
are as follows: Antouman Gaye, Ousman A. S. Jammeh, O. S. Fatty and A. C.
Gaye.

At this stage, it was realised that the eighth witness, Ebrima Saidy was
still at the police unbailed. The case was then stood down for his
collection from the police. After he was brought the case continued.
Then on resumption Mr. Antouman Gaye, the leading defence counsel raised an
objection on the trial. Mr. Gaye’s contention is that looking at the charge
sheet there are two separate charges: stealing and receiving stolen
property. He then told the court that section 112 of the Criminal Procedure
Code (CPC) subsection 3 said that the law does not accord trying them
together. Mr. Gaye further cited section 279 of the CPC subsection 3 which
he said stated that a person cannot be tried for receiving until stealing
is proven.

In her response, Mrs. Ida Mboob said that the charges are properly made
before the court in that the charges are both on one and the same thing,
which is the Ramadan gift of the President to the people of Foni Kansala.
She therefore urged the court to conduct the trial of the accused together.
Justice Tahir ruled that the trial is going to continue together.

The charges were then read as follows, to which they pleaded not guilty
1. Contrary to section 252 of the Criminal Code particulars of offence is
that Seyfo Momodou Lamin Nyassi and Kawsu Gibba MP on the 30th day of
October 2004 stole 40 bags of rice from the rice gift of Foni Kansala
District given by the President.

2. Contrary to section 252 of the Criminal Code in that M. L. Nyassi and
Kawsu Gibba stole 30 bags of rice and 30 bags of sugar on the 30th day of
October 2004 from the gift of the President to the people of Foni Kansala
District.

3. Contrary to section 252 of the Criminal Code in that M. L. Nyassi, Kawsu
Gibba, Ndongo Mboob and Mustapha Sanyang stole 30 bags of rice and 20 bags
of sugar from the President’s gift to the people of Foni Kansala.

4. Receiving stolen property contrary to section 297 subsection (1) that
Lamin Faal on the 30th day of October 2004 receiving 40 bags of rice from
the gift of the President to the people of Foni Kansala.

5. Receiving stolen property in that on the 30th day of October 2004 Bala
Manneh received 30 bags of rice and 30 bags of sugar from the gift of the
President for the people of Foni Kansala of Foni Kansala contrary to
section 297 subsection (1).

6. That Ebrima Saidy on the 30th day of October 2004 received 40 bags of
sugar from the gift of the President to the people of Foni Kansala contrary
to section 297 subsection (1).

The matter is adjourned to 16th December 2004.


The Gamsu Controversy
PRESS RELEASE

In response to the serious multidimensional irregularities that had been
occurring within the national Executive of the Gambia Students Union
(GAMSU), the Executive Committees of the Students Union of the concerned
Post Secondary Institutions have over the past weeks been in a series of
consultations, aimed at redressing the situation.

Firstly the Executive Committees / Councils of the:
1. Gambia Technical Training Institute (GTTI) Students Union.
2. Gambia College Main Union.
3. The Sub Union of the Gambia College School of Education and Agriculture.
4. The Sub Union of the Gambia College School of Public Health.
5. The Sub Union of the Gambia College School of Nursing & Midwifery.
6. The Association of Medical & Health Students of the University of The
Gambia,
7. The Gambia Students Nurses Association and
8. The University of the Gambia Students Union,
Constituted itself jointly as a Special Committee aimed at ironing out
GAMSU’s troubles.

The Special Committee successfully convened a consultative meeting between
itself and the GAMSU Executive, after which meeting, it made the following
observations:

1. The GAMSU Executive had been taking a series of actions that do not
represent the general wishes and views of the Gambian students. Recently,
the public had witnessed the GAMSU President Mr. Alhagie Nyabally’s self-
contradicting media posturing. The President at first joined other student
bodies in reaffirming their commitment to the government of the Gambia as
being partners in development and to thank the Head of State for his
educational development efforts. Shortly after, he expressed contrary
views’ in the November 8th Issue of the Point Newspaper. His sentiments
expressed in that issue do not in any way represent our views.

2. The term of office of the GAMSU Executive had expired since July 2004.
It was obvious that the GAMSU President and his Executive have no legal
mandate to lead, without the expressed approval of the Gambian students or
their representatives.

3. The GAMSU Executive during its entire 15 months of existence had NEVER
convened a Congress to seek the opinion/directives of the students who it
claims to ably represent.

4. The GAMSU Executive despite its claims at holding bimonthly meetings
could not produce records of such meetings in the form of minutes.

5. The GAMSU Executive had unconstitutionally terminated the services of
key elected members of the GAMSU Executive, in the persons of the GAMSU
Vice President and Secretary to the Advisory Board.

6. The GAMSU Executive is engaged in activities that brings disrepute to
the Institution and is also an obstacle to the progress and development of
the Gambian Student Community.

7. The GAMSU Executive until about 2 weeks ago had made no serious attempts
to convene a congress, which must elect its successors.

8. The GAMSU Executive, except on one occasion has never held consultations
with the Executive Committees of its Constituent Student Organizations.

9. The GAMSU Executive walked out from the meeting after participating in a
democratic process of voting, which declared that an independent steering
committee (exclusive of GAMSU’s Executive) should be constituted.
Therefore in light of the following observations, the special committee at
the end of the meeting resolved to make the following declarations:

1. A Steering Committee composed of members from all the earlier mentioned
students bodies, has been constituted to coordinate the activities of the
forthcoming GAMSU mid December Congress.
The steering committee is further mandated to raise funds for the proposed
congress and to serve as a watchdog to the activities of the GAMSU
Executive.

2. The current GAMSU Executive under the leadership of its President is
directed to scale down its activities and limit itself to only preparing an
audited financial and general activities report for presentation at the
forthcoming congress and for handing over to the newly elected Executive.

3. The Special Committee has directed that the current GAMSU Executive have
no mandate to raise funds or speak on behalf of the students.
4. The Special Committee again wishes to reiterate its commitment to the
message/statements of thank you to the President of the Republic of The
Gambia and the partnership in development initiative expressed by GAMSU at
the 15th October, 2004 Statehouse visit.

5. The Special Committee reserves the right to hold a press conference when
the need arises.

Finally we once again humbly appeal to all Gambians to pray for us and
support peace building in the Gambia.


GAMSU RESPONDS
By Ousman Sillah

The Gambia Student Union (GAMSU) on Saturday 27th November 2004 convened a
Press Conference to state its position vis-à-vis a Press Release, announced
over GRTS television the previous evening, leveling allegations against the
student body. In his opening remarks, Mr. Lamin Nyabally, the President of
GAMSU, said, “all this came about as a result of misunderstanding and
misrepresentation of Gambian students and consequently some authorities are
scheming and playing double standards among Gambian students.” He added
that on the 14th October, 2004, between the hours of 1400 and 1600, he got
a phone call from Neneh Mcdoll, the deputy Director General of GRTS,
telling him that President Jammeh wants to meet the GAMSU Executive body;
that Neneh said “Alagi, please don’t afford to miss this chance. It is good
for GAMSU,” he added. He said that she also made a similar call to Mr.
Ebrima Ceesay, the GAMSU Secretary General; that upon consultation among
the members of the executive, they finally agreed to go and meet with the
President in order to tell him about their concerns; that that evening four
of them were invited by Neneh Mcdoll to a meeting at her house, and that
is, himself, the President of the University of The Gambia – sub union, the
Gambia College sub union and UTG School of Medicine sub union.

Mr. Nyabally said that at this meeting he told then that, from 2001 to
2004, GAMSU had written over 17 letters to the President concerning the
events of April 10-11, 2000 but none of them had been responded to; that he
hoped this proposed meeting would be an opportunity for them to convey
their concerns on the incident of April 10th to the President. This
initiative, the GAMSU President said, was roundly rejected by all those who
were present at the meeting and who insisted that the issue of April 10 –
11 must not be raised at all; that Neneh Mcdoll told them that since this
is the first time that they are meeting the President, they, the students,
should seize the occasion to thank him for his development of The Gambia.
Mr. Nyabally said that GAMSU went to the meeting because their executive
had decided that they should go to meet and listen to the President. He
said that after this meeting with President Jammeh at State House, a member
of their executive, in the person of Ebrima Dibba who was also part of the
delegation, was not happy with the outcome and therefore went to the Press
and denounced them for misrepresenting the interest of students; that he
too went to the Press to denounce Mr. Dibba for acting unilaterally. Mr.
Nyabally claimed after consulting his colleagues, he signed a paper
emanating from Neneh Mcdoll and brought by Samba Jallow of the UTG sub
union that aimed to refute Mr. Dibba’s claims; that he had also gone to the
papers to accuse Neneh for meddling and playing double standards. The GAMSU
executive committee members present then began to respond, point after
point, to the allegations levelled against them in the Press Release signed
by those who said they are representing the executive bodies of students’
unions of the post secondary institutions. On the issue of meeting the
President, they said that GAMSU did not go to state house to reconcile but
to listen to the President who Neneh Mcdoll said wants to meet them
although they thanked him specifically for his development efforts in the
education sector at the meeting; that they are a non political and non
partisan body; that their interest and concern is about the welfare of
Gambian students.

On the issue of holding a congress, the executive said that Article 8,
section 1 of the GAMSU constitution stipulates that “Congress shall meet
once every academic year and this shall be during the first and second
weeks of the Christmas holiday during which period annual elections for
change of executive shall take place”. They said that a congress is being
planned in accordance with this constitutional requirement; that the
constitution states that only those members who have been paying their
membership dues regularly are mandated by their institutions and bodies to
attend and vote. The GAMSU executive members were however quick to add that
in their records none of those people who signed the Press Release were
paying their dues or attending meetings”; that it is only those who have
been paying their membership dues who can constitutionally challenge a
serving executive committee.

On the issue of not convening bi-monthly meetings, copies of minutes of
meetings were shown to the members of the Press by way of refuting the
claim. They claimed that they have been convening meetings but that none of
those post secondary institutions members bothered to attend except the
Gambia College and sometimes GTTI.

The GAMSU executive maintained that they marched out of the meeting when
they realised that “this self-styled executive wanted to unconstitutionally
strip GAMSU of its responsibilities and usurp its functions by proposing
the setting up of an independent committee to convene a congress and raise
and keep funds”; that the GAMSU executive is the only body that is
constitutionally mandated to perform these functions.

In conclusion, the executive membership said that the purpose of GAMSU’s
existence is to promote the welfare and defend the interest of Gambian
students; that all they are demanding as a student body are:- (1) an
apology from the state on the incident of April 10th – 11th (2) a
declaration by the state of April 10th – 11th as National Days, (3)
compensation for the victims and families of the victims of April 10th –
11th (4) bring the perpetrators of this heinous crime to justice (5)
guarantee the return and safety of the former GAMSU President.

In his closing remarks the Sect. Gen. Ebrima Ceesay said that “the media is
not an exclusive preserve for some to go and fabricate non –existing things
against others; that it is not a platform to gain cheap popularity for
selfish gains; that dishonesty, insincerity and selfishness is not what the
Gambian students need and want; that for GAMSU and this self styled
executive, history will be their judge”.

The GAMSU executive members expressed their disappointment with what they
termed as “the bias, unbalanced and unfair coverage or announcement of the
Press Release by the GRTS Television without seeking the views of GAMSU for
the sake of objectivity.”

They finally called on all students to rally behind GAMSU to promote and
defend their interests and not to allow any individual or group of
individuals to divide them for selfish gains; that they are planning to
organize a congress in December and have started soliciting for funds from
well wishers, donors, etc.

When asked whether these decisions and actions that they have been taking
were preceded by consultations to seek consent and consensus, the President
answered in the positive, stating further that they have the support of the
students.


KUJABI’S BROTHER STILL IN CUSTODY
By Surakata Danso

Sajar Kujabi, the elder brother of the former NIA boss, Abdoulie Kujabi,
who is also reported to have been close to President Jammeh, was on Friday
19th November 2004 arrested by members of the Serious Crimes Unit. Mr.
Kujabi’s long detention without trial or bail concerned a lot of family
members that they decided to contact FOROYAA.

When we contacted the office of the PRO, Aziz Bojang, we were told that the
PRO is out of the country but an insider at the police who wished to be
anonymous informed FOROYAA that Sajar Kujabi is detained at the police but
would not say why he was there.

FOROYAA will get in touch with the police authorities to find out the
reasons behind the long detention of Sajar without trial or bail. He has
been there for more than a week contrary to the constitutional provisions
of 72 hours


A GAMBIAN WHO NEVER FORGETS HIS COUNTRY

Is it only the wealthy that can contribute materially or financially to
national development? Or are Gambians abroad unable to contribute to
national development? These do not apply to Ebou Jarra, a young Gambian in
Europe who is determined to do whatever he can to foster national
development.

Ebou worked as a receptionist at Kotu Strand Village and Fajara Hotels and
as a bank clerk at BICI before going to Norway where he worked as a sales
assistant. Being interested in the development of his country he is now
pursuing a degree course in Human Resources Management & Business. He would
love to pursue another degree course in Poverty Reduction & Development. He
thinks this will help him to realize his dreams.

While most Gambians cannot go beyond the level of working hard to meet
their family needs, Ebou finds time to do voluntary work to contribute to
national development. One such work as seen in the photograph is collecting
empty bottles and selling them. The proceeds are then sent to nursery
schools and other institutions of national development. Toys and other
materials collected are also sent.

He is voluntarily part of a coaching team training a football team (14
years +) in his local area in Birmingham. Here too he have managed to make
some collections of football kits, which he plans to send home as soon as
he get the means to do so.

We hope others will follow the footsteps of Ebou.

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