Foroyaa Newspaper Burning Issues
Issue No.37/2004, 6-9 May, 2004

Editorial
Cabinet Reshuffle

Views And Review

The constitution is very clear on the appointments of secretaries of state.
It states under section 72: ‘The vice-president and secretaries of state
shall be responsible for the departments of state or other businesses of the
government as the president may assign to them. In making such assignments,
the president shall have regard to the desirability of ensuring that such
responsibilities are entrusted to competent persons with relevant
qualifications or experience.

If the president adheres to this constitutional requirement to appoint
people who have the required qualifications or experience it would not be
necessary to remove them unless they engage in misconduct or
unconstitutional behaviour. What is rather strange is the frequency with
which the president revokes the appointments of secretaries of state without
giving any concrete reasons. This leaves secretaries of state without any
security of tenure. Can you imagine what type of civil service we would have
had if the public service commission had the unilateral authority to appoint
and remove public servants without any explanation.

In the same vein, a president should not have total authority to appoint and
remove secretaries of state without cheeks or vetting. The constitution of
the second republic soThe treason trial of Abdoulie Sonko which has been
dragging on for some time now resumed in earnest on Tuesday 4th May 2004.
The prosecution was represented by Cherno Manneh and the defendant was
represented by Mai Fatty. The first witness to testify was Ebrima Jammeh.

Testimony of Ebrima Jammeh

He told the court that he is a police officer attached to the Serious Crimes
Unit in Banjul with regimental number 820. He further told the court that on
7th August 2003 while at his office he was asked to go to the NIA where the
accused was detained to obtain his cautionary and voluntary statements,
which he did. He also told the court that he cautioned the accused and took
his cautionary statement in the presence of an independent witness called
Tamba Jammeh. He then took his voluntary statement in the presence of the
same independent witness and the accused signed both statements in the
presence of this independent witness.

At this stage the prosecutor applied to tender both cautionary and voluntary
statements but the defence objected on the grounds that at the time the
statements were taken the accused was tortured very seriously. Mai Fatty
then applied for a trial within a trial to determine whether or not the
statements were obtained voluntarily. The prosecution opposed this
application pointing out that a trial within a trial at this stage was
unnecessary since the issue of confession has arisen. He cited section 33 of
the Evidence Act to back his assertion. He argued that what is envisaged by
law in a trial within a trial is to determine the admissibility of the
document. He further argued that since no issue of admissibility before the
court at that moment the court should overrule the objection and allow the
prosecution to continue.

In his reply Mr. Fatty cited The Law of Evidence by Justice Assan Jallow,
which indicated that once the nature of a statement is deemed to have been
involuntary, the duty of the court at such a stage is to conduct a trial
within a trial to first determine that. He also made citations. At this
stage the case was adjourned till 5th May for a ruling on the application
for a trial within a trial.

See the next issue for further developments.

ught to correct the shortcomings of the first republic. Consequently, the
appointment and removal of secretaries of state should have been subjected
to review by the National Assembly. This would have been in line with
section 74 of the constitution, which states among other things that “the
vice president and each secretary of state shall be accountable to the
president and the National Assembly for the administration of the
departments and other businesses of government committed to his or her
charge.”

There should therefore be joint responsibility in appointing and removing
such secretaries of state. This can be done by subjecting the appointed
person to a review before and approval by the National Assembly. The same
should go for termination and appointment. Such a provision would make the
executive have valid reasons to appoint or remove a secretary of state other
than relying on the whims and caprices of an individual. Since the president
does not want to part with absolute power of the executive presidency, it
would be necessary for a transitional government to come up with
constitutional reforms to curb such absolute powers and introduce restrained
powers for the executive. This is the way forward.



Letter To IEC Chairperson On The Issuing Of Birth Certificates By Alkalolu

It is recognized as your duty to exercise direction and control over the
whole electoral process.

The constitution states categorically that “every citizen of The Gambia
being eighteen years and older and of sound mind shall have the right to
vote... and shall be entitled to be registered as a voter…”

The Elections Decree has empowered registering officers to determine whether
claimants for registration are citizens and are qualified to be registered
in accordance with the requirements of the constitution and the Elections
Decree. Prior to the amendment of the Elections Decree a person who applies
to be given to a voters car must produce a birth certificate or a Gambian
passport, a national Identity Card or a document certified by five elders
rending in the place birth of the applicant.

The amendment that has been made has enabled Alkalolus and Chiefs to issue
birth certificates by attesting that the applicant was born in their
village.

I wish to bring to your notice that many Alkalolu are issuing these birth
certificates by charging for it without issuing any receipts to the
applicants. This means that an official document is being issued with a
charge without the funds going into public coffers. This serves as
inducement to engage in the issuing of Alkalolu and Seyfo certificates for
self-enrichment.

Schedule III form 2 has indicated the type of form that should be filled by
the applicants. However this form needs to be updated and utilized.

Section 134 subsection (1) states that “the commission may by order
published in the gazette add to, rescind vary or otherwise amend schedule 1
and the various forms contained in schedules III and IV.”

It is absolutely essential to review the certificates being provided by
Alkalolu and Seyfolu and establish standard attestation forms to be issued
to them. The IEC should make it a requirement for the Alkalolu to state that
the claimant is born in their village and should state the names of mother
and father of the claimant and their place of birth just as in the birth
certificate forms. A copy of the form submitted to the IEC should be
forwarded to health authorities for registration. Regulation should
prescribe the sum charged and receipt issued after payment. It is fraud to
collect revenue without authority. Furthermore IEC should make it a
requirement to publish the names, addresses and place of birth of all those
who have been issued with Alkalolu or Seyfolu certificates as well as the
name of the Alkalo or chief who made the attestation.

The health authorities should be authorized by regulation to verify the
validity of the birth certificate issued by Alkalolu and Chief and then
issue a normal birth certificate.

This is the way to prevent Alkalolu and Seyfolu from abusing their offices
by issuing attestations just for self-enrichment.

In the interim the registering officers must be vigilant in enforcing the
law. The amended version of section 12 subsection (2) states categorically
“Notwithstanding section (1), “a person’s name shall not be entered on a
register of voters in a constituency unless he produces any one of the
following documents:

a)         Birth certificate

b)         A Gambian Passport

c)         A National Identity Card

d)         A document certified by five elders that the applicant is a
citizen of The Gambia.

e) a document certified by the District Seyfo or an Alkalo of the District
or Village, respectively, of birth of the applicant stating that the
applicant was born in the District or Village.’’

The identification by elders should be in line with schedule III form 2 and
the attestation by Alkalolu and Seyfolu should include acknowledgment that
the person is born in the village, date of birth and current address, names
of father and mother and their nationality as indicated in form 2.

I have no doubt that if such measures are adopted which is backed by law,
fraud in the registration exercise will be significantly reduced and the
viability of the electoral system enhanced.

Halifa Sallah
SOMA JOBE DISCHARGED
BUT AGAIN REARRESTED

The fate of Modou Soma Jobe, a relative and close ally of beleaguered former
Majority Leader, Baba Jobe, is yet to be decided. As soon as he stepped out
of the court room after he was discharged he was immediately arrested and
taken to Farafenni Police Station where he faced fresh charges.

Soma Jobe had been charged with 3 counts of stealing during his term as
Commissioner in the NBD. His trial started on the 26th January 2004.

After calling 4 witnesses the prosecution, during the proceedings of 20th
April 2004 applied to withdraw the case under section 68 of the Criminal
Procedure Code. The defence then applied for the accused to be acquitted
because the prosecution had failed to give reasons for their withdrawal. The
matter was adjourned till Tuesday 4th May for a ruling.

In his ruling before a crowded court the presiding magistrate Edrissa Mbai
indicated that he carefully considered both applications and section 68
subsection (1) of the CPC. He maintained that no reason has to be given for
the withdrawal of a case by the prosecution before the defence enter their
case. He noted that the prosecution had called only four witnesses and the
defence had not entered their case. In the circumstances “The court hereby
discharged the accused person on all the three counts,” he concluded.

However, the presence of ASP Dembo Jammeh, S.O. Farafenni and some
plain-clothes officers in court raised many eyebrows. This question was
answered immediately when Mr. Soma Jobe stepped out of court heading towards
a nearby neam tree. He was immediately surrounded by plain-clothes security
officers who told him that he was wanted at the police station. He boarded
the Station Officer’s private vehicle to the station. At the station Mr.
Jobe was told that he was under arrest for a second time. This was confirmed
to me by the police themselves.

Mr. Jobe is recharged on 3 fresh counts and he is detained at the Farafenni
Police Station till the next day Wednesday before he was granted bail.

Police sources had earlier indicated that Mr. Jobe could only be bailed with
a sum of D500, 000 and a landed property in Farafenni.



ABDOULIE KUJABI ARRESTED

Impeccable sources have informed Foroyaa Newspaper of the arrest of the
Commissioner of Western Division, Abdoulie Kujabi. Before being appointed
Commissioner, Mr. Kujabi was the Director General of the National
Intelligence Agency (NIA).The reason for the arrest is not known.

Mr. Kujabi has been an outspoken supporter of the APRC and has never hidden
his support even when he was Director General of the NIA. It is not yet
clear whether the rumours that Mr. Kujabi has been dismissed is true or not.
We shall investigate this matter before the next issue



Missing Company Files At The Attorney General’s Chambers

Foroyaa has been receiving a lot of information relating to certain
companies. Since the information received are mere rumours an investigation
was conducted to establish the veracity of the rumours. Our reporter
conducted a search, which was partially successful. To his surprise some of
the files of registered companies that we wanted to scrutinize could not be
traced. The companies affected are: Kairaba Beach Hotel, Atlantic Hotel, and
Future Lect.

Rumours have it that there have been transfer of ownership relating to these
companies and fraud is suspected. Since we do not have access to the files
we will refrain from mentioning the names that have been given to us and
regard the information so far obtained as rumours until contrary information
have been obtained.

Needless to say the fact that files of such important companies are missing
from the state law office is a matter of serious concern let us hope that
maximum effort would be made to trace these files.



Treason Trial Of Abdoulie Sonko Resumes

The treason trial of Abdoulie Sonko which has been dragging on for some time
now resumed in earnest on Tuesday 4th May 2004. The prosecution was
represented by Cherno Manneh and the defendant was represented by Mai Fatty.
The first witness to testify was Ebrima Jammeh.

Testimony of Ebrima Jammeh

He told the court that he is a police officer attached to the Serious Crimes
Unit in Banjul with regimental number 820. He further told the court that on
7th August 2003 while at his office he was asked to go to the NIA where the
accused was detained to obtain his cautionary and voluntary statements,
which he did. He also told the court that he cautioned the accused and took
his cautionary statement in the presence of an independent witness called
Tamba Jammeh. He then took his voluntary statement in the presence of the
same independent witness and the accused signed both statements in the
presence of this independent witness.

At this stage the prosecutor applied to tender both cautionary and voluntary
statements but the defence objected on the grounds that at the time the
statements were taken the accused was tortured very seriously. Mai Fatty
then applied for a trial within a trial to determine whether or not the
statements were obtained voluntarily. The prosecution opposed this
application pointing out that a trial within a trial at this stage was
unnecessary since the issue of confession has arisen. He cited section 33 of
the Evidence Act to back his assertion. He argued that what is envisaged by
law in a trial within a trial is to determine the admissibility of the
document. He further argued that since no issue of admissibility before the
court at that moment the court should overrule the objection and allow the
prosecution to continue.

In his reply Mr. Fatty cited The Law of Evidence by Justice Assan Jallow,
which indicated that once the nature of a statement is deemed to have been
involuntary, the duty of the court at such a stage is to conduct a trial
within a trial to first determine that. He also made citations. At this
stage the case was adjourned till 5th May for a ruling on the application
for a trial within a trial.

See the next issue for further developments.

_________________________________________________________________
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