Foroyaa Newspaper Burning Issues

Issue No. 32/2005, 25-27 April 2005



Editorial

Tears In The Eyes of Justice



The case of Almamy Ceesay is now in the courts. He worked as an orderly for over 33 years and has been struggling to get his entitlements for the past six years in the face of callous indifference by the executive. As for Afulo Sanneh, he has gone to his grave leaving his entitlements in the hands of the Ombudsman. He too was a pensioner who suffered from stroke while struggling to get his entitlements from the treasury. Endless delays led him to take up the matter with the Ombudsman. Here too he made endless efforts to get redress. Up to the time of his death there has been no break through. Now his body is turning in his grave because of betrayal of needs and aspirations. Nothing is more cruel than to deprive a pensioner his/her entitlements. The cruelty became more blatant after petitions are ignored by those paid to protect the people from injustice.

The worst form of injustice is to delay its dispensation until death strikes. Foroyaa hopes that Almamy Ceesay will eat the fruit of his labour after serving the sick and suffering for the best part of his life.

May the body of Afulo Sanneh rest in peace as we struggle for his loved ones to inherit the sweat from his brows.

INTERVIEW WITH HALIFA SALLAH

In this issue, Minority Leader and member for Serekunda Central discusses corruption, the unconstitutionality of the expulsion of Dawda Bah and the vacation of his seat. He also talks about NADD.

Foroyaa: You have been away for three weeks, can you give us an update?

Halifa: The Pan African parliament held its third ordinary session in South Africa from 29th March to 11th April. After the session I was invited by the Association of European Parliamentarians for Africa to deliver a paper at the Conference attended by 30 European and 60 African parliamentarians on parliamentary democracy and pace in the Great Lakes Region. I will make the report on our mission to Darfur and the speech I delivered in Nairobi accessible to the Gambian press.

Foroyaa: Can you give us your impression on President Jammeh’s cabinet reshuffle and the anti corruption drive.

Halifa: I have always emphasised that the APRC regime is yet to establish any credibility in combating corruption. Infact, the world would consider it a scandal to know that the finance and public accounts committee of the National Assembly is non functional because of the failure to submit the report of the auditor general to parliament. Since the inception of the APRC regime no audited reports of the statement of accounts of government had been completed. There can be no accountability of a government without the submission of audited accounts.

Needless to say, the government has ignored section 223 of the constitution since it came into force. If this was enforced a culture of accountability would have been built to save civil servants from a commission of enquiry set up after the damage is already done. Section 223 states that "A public officer to whom this section applies shall submit to the Ombudsman a written declaration of all property and assets owned by him or her, and of habitation owed by him or her, whether directly or indirectly.

(a) within six months of the coming into force of this constitution

(b) at the end of every two years

(c) on ceasing to hold public office

subsection 4 adds that "Any property or asset acquired by a public officer after an initial declaration of assets required by subsection (1) which s not attributed to his income permitted employment, personal gifts as permitted by the code of conduct, inheritance or loans or investment (including any savings scheme) on ordinate commercial terms shall be prima facie evidence if having been acquired, and in the absence of credible explanation by the public officer concerned may be deemed to have been acquired, in contravention of the code of conduct and shall render the public officer liable."

Instead of building institutions that would prevent corruption the regime had allowed the Central Bank, YDE and other institutions to facilitate the diversion of hundreds of millions of dalasis to personal ends. The audit report of the Central Bank is still being awaited.

The latest developments raising eyebrows is GAMCO. Government parastatals have contributed to the capital of the company. Government needs to explain how much money have been injected by the parastatals to promote private ventures. The revelation is likely be overwhelming.

Foroyaa: You were trying to convince the National Assembly members that the removal of Dawda Bah is undemocratic?

Halifa: The section that is used to remove Dawda Bah is designed to prevent "cross carpeting"

Infact, after the 1997 elections there were many Independent members of parliament who wanted to join the APRC but because of section 91 (1) of the constitution they could not. The relevant section reads: "A member of the National Assembly shall vacate his or her seat in the National Assembly

(d) if, having been elected a member as an Independent candidate, he or she joins a political party."

Further section 91 subsection (1) (d) seeks to prevent a person who is elected under a particular party ticket shifting his/her loyalty. It reads "A member of the National Assembly shall vacate his or her seat in the National Assembly if he or she ceases to be a member of the political party of which he or she was a member at the time of his or her election." What the APRC has done is to expel their national assembly member from the party and then rely on the provision on section 91 (1) (d) to remove him from the national assembly.

Foroyaa: Could one say that they are exploiting a loop hole in the constitution?

Halifa: Of course, the law would have been more explicit if it stated that a person would lose his seat if he/she resigns from the political party of which he/she as a member at the time of his/her election or joins another political party other than the one she was member at the time of his or her election.

Foroyaa: This would require a constitutional amendment.

Halifa: Yes, a constitutional amendment would limit the law to its object. The law sought to safeguard the decision of the electorate. If one is elected under a ticket one serves under the ticket and would have to face a bye election if one wants to shift loyalties.

Foroyaa: How is Dawda Bah’s removal unconstitutional?

Halifa: Section 60 of the constitution sates that "No association shall be registered or remain registered as a political party if its internal organisation does not conform to democratic principles."

I have gathered from some APRC members that their party had given the leader of the party a singular power to expel persons from the party. This would certainly amount to dictatorial powers. If this is the case Dawda Bah should take the party to court so that its constitutional provisions can be guarded against the requirements of the constitution.

Foroyaa: Now let’ get to the comments by the majority leader on NADD. What do you say regarding his comment and what is happening to NADD?

See Next Issue

Will Gov’t Defy the Courts?

Justice Ahmed Belgoreh of the Banjul High Court has admonished the state on the dangers of flouting a court order by Justice Yamoa last week regarding the state’s resolve to demolish the warehouse of Muhamed Sumareh (M Sumareh) which is situated at Stink Corner. The court order made by Justice Yamoa granted an interim injunction for a stay of execution to Muhamed Sumareh in the wake of the state’s resolve to demolish his structure.

Justice Belgoreh’s warning came in the wake of a motion filed in court by Amie Joof Conteh showing documentary evidence of the state’s resolve to continue with its plan to demolish her client’s structure.

"There is no doubt that someone has chosen to disobey the order made by this honourable court per Hon. Justice M. M. Yamoa. It will be a great pity if the threat to disobey the court order as evidenced by Exhibit E6 (10) comes to pass. This will be a direct affront to the judiciary of this great nation and an open invitation to anarchy which this country cannot afford. It will be a big breach of the rule of law," Justice Belgoreh warned.

Justice Belgoreh indicated that the order he made in respect of Amie Joof Conteh’s application should be brought to the attention of the Attorney General, Mr. Raymond Sock and Mr. Abdoulie Sissoho of the Attorney General’s Chambers. The Director of Lands and Surveys (first defendant) and the Secretary of State for Local Government (second defendant) or their representatives were not present at the hearing. Justice Belgoreh’s order is dated 20th April 2005.

Editor’s Note: Will the state defy the court and act as a law breaker or will it humble itself and comply with the order of the court so that the rule of law will take precedence over the rule of might? Let us see what will happen.

WATER SHORTAGE

Complaints of water shortage are becoming more and more frequent now a days. FOROYAA will endeavour to get in touch with the relevant authorities to find out what is being done to tackle this vital issue. We publish two reports below on the complaints on water shortage which shows the gravity of the problem. - Ed.

EVEN HEALTH CENTRES ARE NOT SPARED

By Sarjo M. Camara

Water shortage which many homes and institutions are experiencing in the urban area has not spared even medical and health facilities. The Faji Kunda Health Centre under the Department of State for Health and Social Welfare is experiencing acute water shortage. The health centre, which is said to be a major health centre in the Faji Kunda/ Latrikunda area, has for the past weeks been finding it very difficult to cope with the water shortage, especially among patients.

This reporter went to visit a friend at the said health centre and found some women in critical conditions because of lack of water. Escorts for those patients in labour could be seen buying water in plastic containers that they keep to use for the washing of both the new-born and the mother after birth. This is very serious. Almost everyone has expressed serious disappointment on the issue.

This reporter spoke to an old woman with her container of water on her head when she returned from fetching water for her patient from a public tap close to the highway. The woman indicated that her daughter had been admitted at the health centre for more than one week now, but that the condition regarding water remains the same up till that time; that even the toilets outside were in terrible condition due to the bad odour.

Several women who spoke to this reporter expressed great concern about the difficulty they face regarding the water situation at the health centre.

Effort will be made to get in touch with the health authorities and NAWEC to find out what plans are at hand deal to contain and/or resolve the problem.

FIRE RUINS A HOUSE

By Pateh Baldeh

The house of one Mariama Baldeh, a Guinea Bissau national residing in Brikama Jedda, was recently gutted by fire making her to lose everything within the house. The accident occurred when the victim was said to be out on a business trip in Serrekunda, where she went to sell dyed cloths. Mariama, who spoke to this reporter in a sad and somber mood, said that she went out on her regular business trips but before leaving she made sure that anything associated with fire was put out.

She said that while she was coming back home from Serrekunda, she saw heavy smoke in the direction of her home; that upon arrival she confirmed that the fire was from her house.

She also confirmed to this reporter that she did not leave anyone in her house and that all doors and windows were closed and when she came, she found the burning house closed.

She said that the accident is a great loss and setback for her and her husband as they lost their whole livelihood. She told this reporter that the fire was put off by the people living in the area before the arrival of the firefighters.

She finally called on the general public to come to her aid.

WATER SHORTAGE IN JAMISA & NYAMBAI BABAGALLEY

By Pateh Baldeh

The people of Jamisa and Nyambai Babagalley in Brikama, Western Division, are facing serious water shortage.

In almost every compound in the area there is a local well dug by the compound owner. But almost ¾ of these wells have dried up. This makes it very difficult for the residents to get water. There is also no other source of getting water in these areas as there are no public taps provided for them. Many people in and around Jamisa, now make the area around Jamisa Lower Basic School where there is a hand pump well their main source of getting water.

When this reporter visited the area he found people struggling to fetch water. Many came with vehicles, wheel barrows, bicycles and even donkey carts to transport water to their various homes. These included men and women, the young and the old. Jamisa Lower Basic School is the only place where one can get clean portable water in the area. Other schools within the vicinity of Jamisa also go to Jamisa Lower Basic School for water.

Many people of the area who spoke to our reporter called on the Brikama Area Council to try and do something by providing them with clean water. One woman who spoke to this reporter said that that it is not even safe for their children to be crossing the Sanyang Highway to get to Jamisa Lower Basic School as vehicles plying the road move at high speed.



AT THE NATIONAL ASSEMBLY

DoSE UNDER THE MICROSCOPE OF THE NATIONAL ASSEMBLY

Part 6

FOROYAA has been publishing the report submitted by the National Assembly Select Committee on Education and Training to the Assembly for approval. FOROYAA continues with the report.



On Classrooms and Furniture

The report reveals that due to the low enrollment in some of the lower basic schools, inadequacies of classrooms and furniture are not as acute as in the other regions; that most of the schools in the regions have adequate classrooms and furniture. However, the report goes on to say that "Some classes in some of the schools are overcrowded mostly due to inadequate furniture; that there are cases of two classes housed in one room; that some upper basic schools (Bansang and Dankunku) and senior secondary schools (Armitage) need extra classrooms and furniture to overcome the overcrowding; that in Region 6 schools such as Kanapeh, Sotuma Sereh and Misira Sireh have buildings that are conducive for learning; that inadequate classrooms in a few of these schools results to increase in double shift in the schools; that the double shift system in these two regions is ineffective because of the weather condition. It goes on to state that sometimes it s so hot that the classrooms are not
 conducive for learning; that generally there is still the need for more classrooms for expansion and to decongest some of the schools mentioned above and that there are schools where rehabilitation of existing structures is needed. The report continues that these are either old classrooms or destroyed by storm. It indicates that the Regional Office (Region 6) reported that in some schools double shifts classes have been introduced due to inadequate classes and that it has been reported too that the pace at which construction is done is slow". In addition, "the report continues lack of inspection of these constructions results in poor flooring and other faults".



On Toilet Facilities

The report reveals that the situation of toilet facilities in most schools is fairly adequate taking into account the low enrollment rate of the school population in the regions; that however, despite the provision of permanent walls, there are no shutters in some locally made toilets and there is no guarantee for the durability of such pit latrines; that the sanitary conditions of the toilets are poor due to improper usage by children. In some schools, the report continues, toilets are not separated for girls and teachers. The report reveals that "Armitage Senior Secondary School, which is the only government boarding school in the country, lacks adequate toilet facilities and that the sanitary conditions of the existing ones are poor".



On Library Services

The report states that "Although Kudang Upper Basic School has an unfurnished library, each of the other four (4) upper basic schools seen in Region 5 has a library like the three (3) senior secondary schools, but that only two (2) of the six (6) lower basic schools have a library including one (1) of the two (2) basic cycle schools. "In Region 6", the report continues, "both the two (2) senior secondary schools visited have a library and that 6 of the 7 lower basic and two (2) of the three (3) basic cycle schools have libraries." It reveals that the library services in the schools in both Regions 5 and 6 need more support; that though Numuyel Basic Cycle School and Sabi Upper Basic School have good collections of books, but the books in the libraries are old, outdated and irrelevant to the national curriculum; that only a few of them could be used as reference materials. The report further indicated that no evidence was seen of teachers encouraging children to use the library
 resources as some of the libraries are housed in small rooms without reading facilities; that only a few schools like the senior secondary schools have better facilities, though they are not up to standard.



On Resource

Centres

The report reveals that no resource centre was found in the schools seen in Regions 5 and 6; that only one (1) upper basic school has a resource centre in Region 6 and that it is adequately furnished; that there is one in the making at Sare Alpha; that this shows that in total for two regions from thirteen (13) lower basic schools only one (1) is making attempt to have a resource centre.



On Laboratories

The report reveal that one of the five (5) upper basic schools and two (2) of the three (3) senior secondary schools have a lab in Region 5 and one of the two senior secondary schools in Region 6, while none of its three upper basic schools has one. It goes on to indicate that the laboratories in the senior secondary schools are fairly equipped; that Kaur Senior Secondary School has three labs while Nasir Ahmadiyya Muslim High School has four labs; that with the limited number of senior secondary schools in the regions there is one such school in each region without a lab and that this has serious implications for the WASSCE, particularly for Nyakoi Senior Secondary School. The report reveals that due to the absence of labs, teachers improvise materials for Science lessons.



On Technical And Skills Training Facilities

The report states that the basic cycle, upper basic and senior secondary schools in the two regions have limited resources for the teaching of Wood Work, Metal Work, Technical Drawing and Home Economics (including Armitage Senior Secondary School). It reveals that these facilities are not in any of the basic cycle schools and are in three (3) upper basic schools of the regions. The report indicated that St. George’s Upper Basic School has well equipped facilities for Metal Work, Wood Work and Home Economics. The report continues to indicate that although Brikamaba has some of these facilities, they are not adequate.



On Water Supply

The report pointed out that some schools have water problems; that either the supply is inadequate or there is none in extreme cases like Fass Lower Basic School in Region 5. Water, the report said, is fetched from the village and this affects the instructional hours.





ABDOULIE SONKO’S TREASON TRIAL

A source has informed this paper that the Chief Justice, Mr. Alan Brobbey is in the process of transferring the case involving Abdoulie Sonko and the state. However, this could not be independently confirmed.

The case which was characterized by bitter exchanges between Justice Paul (trial judge) and the defence lawyer, Mai Fatty was adjourned till November last for hearing. The case was last heard around June 2004. It has not been heard since then.

Lawyer Fatty had urged the trial judge to recuse himself from the matter in the interest of fair hearing. However, Fatty’s application was turned down by Justice Paul. Sonko is presently incarcerated at the Mile Two Central Prisons.



MC CHAM’S TRIAL

WITNESS CONTRADICTS HIMSELF

Essa Sissoho, the first prosecution witness in the ongoing criminal case involving the state and Alhaji M. C. Cham, was on Wednesday subjected to vigorous examination by defence lawyer, Ousainou Darboe, which led to his making conflicting testimonies. Mr. Cham is charged with theft and stealing.

When the case was called, Mr. Darboe stood up and informed the learned trial magistrate that the court was supposed to go to the house that was occupied by Sissoho in the accused’s compound. Her Lordship Magistrate Amina Saho stood down the case and ordered the court together with the prosecution, the defence and the accused accompany her to the said compound to inspect the said house. The team went to the said house in Alhaji MC Cham’s compound where the witness was asked questions by the defence lawyer.

The team later returned to the court and Mr. Darboe continued where he stopped the previous week. The witness told the court that he is currently residing at Lancaster Street where he spends the night with some people. He said he has been residing in Lancaster Street sine he returned from his trip from Mali on the 25th of February 2005. Mr. Darboe at this juncture asked the witness whether he has brought his alien ID card for the previous and current year, the witness answered in the negative. The witness said he paid for his alien ID card. When quizzed by Mr. Darboe on why he failed to bring his alien ID card in court, the witness replied that he has a letter from the Malian Embassy in Dakar informing them (Malians) that they should not pay tax. The witness said he had received the letter a long time ago. At this juncture, Darboe asked the witness to explain why he told the court that he had paid for his alien registration for the year 2004 and 2005, the witness responded that he
 did not understand what the interpreter said. Mr. Darboe told the witness that the interpreter speaks good Bambara.

At this juncture, Magistrate Saho who was not satisfied with the witness’ answer urged him to answer the question. The trial magistrate told the said Sissoho that she had ordered him to bring his alien ID card. The witness responded that he would bring the letter given to him by the Malian Consul in The Gambia (Pa Dawda Njie). The said letter was tendered and admitted in evidence, and marked exhibit B.

Mr. Sissoho said the nine thousand seven hundred dalasis that he is claiming from the accused was given to him by his brother, Ibrahim Sissoho, before his (Essa Sissoho’s) trip to Mali.

The witness testified that the period between the day he received the news of the funeral and the day he left for Mali was four days, noting that he did not have enough time to open a bank account and deposit the nine thousand seven hundred dalasis entrusted to him by his brother (Ibrahim Sissoho). Mr. Sissoho testified that he purchased the nine pieces of dyed cloth worth eighteen thousand dalasis from Mali, adding that each of the cloth costs One Thousand, Three Hundred And Sixty Dalasis in Mali. He testified that he had purchased seventeen pieces of dyed cloth in Mali, adding that he had also purchased the colouring powder worth five thousand four hundred dalasis at the Banjul market. He said he had declared the seventeen pieces of dyed cloth to the Customs and had informed them that they were meant for business purpose. He said he did pay custom duties for the seventeen pieces of dyed cloth, but he was not given any receipt by the custom officers. The witness said when he
 graduated from university in Mali, he was not working. He said he studied Public Administration. Mr. Darboe put it to the witness that he often tells people that he was a lawyer. The witness denied Mr. Darboe’s charge, but was quick to say that he does it jokingly.

Continuing his testimony, Mr. Sissoho said he had left the key to his house with his friend (Alhagie Coulay Sillah) when he was going to Mali. He said he trusted his friend and that was why he left his key with him. Mr. Sissoho said he informed the police that Mr. Cham broke into his house and some of his items were missing. He said he reported Mr. Cham to the police on 25th February, 2005, but he made his statement to the police on 28th February 2005.

At this juncture, the witness was given a copy of his statement for him to look at. The witness said the signature on the statement belongs to him. Mr. Darboe asked the witness whether he did not tell the police in his statement that the nine thousand seven hundred dalasis belonged to him, the witness said he never told the police anything like that. At this juncture, Mr. Darboe applied to tender the witness’ statement. His application was not objected by the prosecution. The witness’ statement was admitted in evidence and marked Exhibit C. The witness denied Mr. Darboe’s claim that he never had four hundred grams of goldand that he never left nine thousand seven hundred dalasis belonging to him (Sissoho) in his house. Sissoho also disagreed with Darboe’s averment that he never owned or had the items he was claiming from the accused.

The witness said he was at the police station when the accused was explaining what transpired. The witness said he heard Mr. Cham telling the police that he went to the court and they gave him someone to open the house he (witness) was occupying. Mr. Sissoho testified that he heard Mr. Cham telling the Police that an officer of the court was with him when he was opening the door of the said house. Sissoho noted that he heard the accused telling the Police that he (Mr. Cham) and an officer of the court signed on a document after making an inventory of all the items in the house. Asked by Mr. Darboe who gave the police the inventory of the items in the house, he said he did not see anybody handing over an inventory to the Police. Asked by Mr. Darboe whether he knew that somebody from the court made a statement to the police, the witness responded in the negative. Darboe further asked him whether he knows that one Mariama Ceesay from the Banjul Magistrate Court made a statement to the
 police in connection to the issue, he said he did not know. Darboe went further to ask him whether he knows that Sabally, an interpreter at the Banjul Magistrate Court made a statement to the police regarding the matter, the witness replied in the negative. Asked by Darboe whether he knows Mariama Ceesay and Sabally, the witness replied in the negative. Mr. Sissoho testified that he went to the police and told them that he wants his properties from MC Cham. The witness said his things were kept in Mr. Cham’s store. He denied Darboe’s claim that Mr. Cham had asked him to pay for the storage of his properties. The witness said sixteen dyed materials were in the room, adding that he had left eighteen dyed materials in his house before he traveled to Mali. He said he did receive nine dyed cloths from Mr. Cham, but did not see the other nine pieces. The witness said nine of the dyed materials were given to him by the accused in the presence of the police. The witness testified that the
 accused and the Police listed everything that was given to him. Asked by Mr. Darboe whether he did sign Exhibit A, the accused responded in the affirmative. Mr. Sissoho said he had browsed Exhibit A in order to make sure everything given to him by Mr. Cham was listed.

At this point, Mr. Darboe referred the witness to item number fifty two of the inventory. Darboe told the witness that he did acknowledge receiving three unsold dyed materials from Mr. Cham. Mr. Sissoho replied that the three dyed materials belong to his wife. At this point, Mr. Darboe asked Mr. Sissoho which of the two amounts he received from Mr. Cham, the three dyed cloths or the nine dyed cloths. Mr. Sissoho answered that he received the three dyed cloths. Further asked by Mr. Darboe whether he did not receive nine dyed cloths from Mr. Cham, the witness replied in the negative.



LANG CONTEH’S TRIAL ADJOURNED



By Surakata Danso

The trial of the former Foreign Exchange Manager of the Central Bank, Lang Conteh, which resumed on Thursday the 21st day of April 2005, has been adjourned again. A court official announced the absence of the judge at about 9 am. The embattled Lang Conteh arrived at the High Court guarded by prison officers. He faces six counts of economic crimes, contrary to the Economic Crimes (Specified Offences) Decree and one count of forgery, making a total of seven charges. When Mr Conteh appeared before the trial judge, Justice Paul, on 17th February this year and the charges were read to him, he pleaded not guilty to all them. The case was then adjourned and Mr Conteh was remanded in custody.

At about some minutes to 10 o’clock the administrative staff of the High Court headed by the Senior Registrar, appeared in the crowded courtroom. This was followed by the announcement of the case.

The DPP, Chief Agim, announced his appearance for the state while the accused, Lang Conteh, was represented by Counsel Musa Bittaye and Mr. Chime.


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