Foroyaa Newspaper Burning Issue
  Issue No. 93/2005, 5-7 December, 2005

  Editorial
  Jammeh Afraid of Free And Fair Elections
  The conduct of President Jammeh increasingly suggests a man desperate to hang on to political power at all cost. His tactic is evidently to intimidate the population to succumb to his will. Many civil servants for fear of losing their jobs have transformed themselves into faithful servants of a monarch who lords it over them, rather than servants of the nation and its people.
  Commissioners, Chiefs and Alkalolu (a trio) no longer behave as civil servants but as leading advocates of the APRC in the rural area who leash terror on rural folks. In collaboration with security agents, the trio who receive orders from APRC stalwarts, carry out unwarranted dismissals of Alkalolu and arrests of political opponents. Any attempt by the trio to be neutral or objective attracts dismissal or rebuke. Secretaries of State are by-passed. The command structure of security forces are sometimes set aside while security agents take orders from non security persons who seem to be directly connected to President Jammeh. The dismissal of public servants and the arrest and detention of senior public servants and political opponents are now a common feature.
  The life of a senior public servant is like hell. No one knows when he/she may be dismissed or picked up. Many are given hope after some who were dismissed or arrested are recycled.
  It is now evident from the above that President Jammeh is not interested in free and fair elections and is doing all he can to undermine this. It should also be clear as daylight why he is yet to sign two crucial documents. He is yet to sign the African Peer Review Mechanism which would force him to commit himself to good governance which he despises. Furthermore, in relation to free and fair election, he is yet to give the APRC the green light to sign the Memorandum of Understanding between political parties.
  We can go on and on, but we will confine ourselves to the latest developments. In simple language, the IGP who many consider to be taking directives from the President, have disallowed NADD to use an amplifier at a rally it should have held on Saturday. This is in effect a bar to hold a rally since a rally cannot be held without the use of an amplifier.
  There is nothing the President can gain from this because it isolates him further and it cannot stop NADD from lawfully holding community meetings which do not require the use of amplifier or a bigger rally at a later date.

  POLICE DENY NADD PERMIT
  The Inspector General of Police has refused to approve the application of NADD for the use of instrument for the amplification of sound at their rally they should have held in Serrekunda on Saturday 3rd December, 2005. In a letter addressed to NADD the IGP stated that they did not approve the application because of “security reasons”. A NADD official describes the reason as an excuse to foil their rally. This reporter was at the place where the rally should have taken place where he found NADD officials explaining to supporters why the rally had been cancelled.
  A typical conversion went thus: A curious supporter would ask” “What’s going on?” The NADD official would reply: “The meeting has been cancelled because the IGP has not permitted NADD to use an amplifier at the rally.” This often sounded ridiculous to a supporters who often enquired. “Ah! But why?” “They said ‘security reasons’, the NADD official would respond. “Security reasons, how?” “Only they can explain that.” A handful would go on to point out that the APRC had a rally just recently using a public address system. They see this as unfair. One of them said that President Jammeh is afraid of the growing support for NADD and his dwindling support.
  A press release explaining NADD’s position was distributed. Below is the full content of the press release: “The Nation’s heart is bleeding because of the series of unconstitutional, undemocratic and uncouthed measures uninterruptedly taken by the Jammeh regime against political opponents.

  This time, the Inspector General of Police (IGP) has refused to grant NADD permission to use apparatus for the amplification of sound (amplifier) at a rally to be held today, 3rd December in Serrekunda. The flimsy excuse given is “security reasons.” To prove our point, we refer the reader to the poorly attended APRC rally held at Fitizerald Street in Banjul just a week before the Inspector General of Police wrote his letter of refusal. Instruments for the amplification of sound were utilized. Section 6 of the Public Order Act 1961 requires the permission of the Inspector General of Police before such instruments can be used in a public place such as Fitizerald Street. Either the IGP granted the APRC a permit or condoned their unlawful use of the instruments. Nothing has happened that should give the IGP moral authority to refuse NADD a permit. The exercise of discretion by the IGP is not absolute and must be exercised with fairness. This bias and discriminatory attitude is
 unacceptable and we are considering legal action against him.

  In short, the NADD rally does not pose any security threat whatsoever. The successful launching of NADD which was attended by thousands of supporters passed off peacefully without a single incident, even in the absence of security forces. When three executive members of NADD were arrested for no just reasons, we did not even exercise our constitutional right to demonstrate lest we are misunderstood or give President Jammeh an excuse to create chaos and confusion. Our aim is to defeat President Jammeh at the polls in 2006 in a free and fair election. President Jammeh’s conduct is increasingly suggesting that he fears being defeated by NADD at the polls and has taken a series of measures to obliterate a level playing field.

  He castigates his political opponents using abusive language against them in the public media and the managers of these public media dare not allow the affected persons to respond contrary to section 207 of the constitution, which demands that such managers ensure the _expression of divergent views.  Recently, he falsely accused the opposition of feeding false information to the President of Senegal. We proved to the whole nation that this accusation is baseless. We gave him five days to apologize or provide evidence to back his statements. Rather than this he resorted to the arrest of NADD executive members.

  President Jammeh does not speak the truth. He has shown total disregard for constitutional and legal processes. He treats elders and religious leaders like thrash. He behaves as if he is paranoiac. He behaves as if he owns the country and tends to ferment trouble. He is the real threat to the security of this nation.

  The Gambian people want peace and security not unwarranted threats, arrests and detention. They want the rule of law to prevail. They want enlightenment and empowerment. Above all, they want a leadership that speaks and defends the truth. NADD is born to offer Gambians such leadership. They can take advantage of such leadership by becoming resolute and decisive at the polls in 2006. This is the way forward.”

  THE BAR ASSOCIATION AND JUSTICE PAUL
  A prominent member (name withheld) of the Gambia Bar Association has defied her association by appearing before Justice Paul of the Banjul High Court. However, her decision has only consolidated and rekindled the position of the aggrieved lawyers. Information leaked to this paper by a member of the Bar, has it that members of the association met on Wednesday and concluded that chucking up the boycott of Justice Paul’s Court will amount to throwing the towel.
  The Bar Association decided to boycott Justice Paul’s Court after they met and unanimously (with one abstention) agreed that they should not appear before Justice Paul because a parliamentary commission of inquiry found him culpable and ordered him to pay over two hundred thousand dalasis (D200, 000).

  APRIL 10th CASE CONTINUES IN COURT
  The protracted legal battle involving the state and Ousman Sabally, a teacher at St Augustines Senior Secondary School resumed at the Banjul High Court on Thursday.
  Mattin Gomez, the Acting Principal of St Augustines Senior Secondary School was the witness called by the Plaintiff’s Counsel, Hawa Sisay Sabally. Mattin brought to Court a letter given to him by the Board of Directors of St Augustines Senior Secondary School. Mrs. Hawa Sisay Sabally applied to tender the said letter. The letter was admitted in evidence and marked as an exhibit. The state was not represented at Thursday’s hearing of the matter. The case was presided over by Justice Izuako. The case is adjourned for the Plaintiff to call his next witness.

  NADD TRIO APPEAL
  The appeal of three NADD executive members, Halifa Sallah, Hamat Bah and Omar Jallow who were remanded in custody by Justice Paul of the High Court, is expected to be heard on Thursday, 8th December.
  The trial was adjourned till 14th December by the high court, meaning that ordinarily they should remain in custody till 14th December.
  However, on Thursday, the Court of Appeal is expected to consider granting the trio bail. The court of appeal is also expected to consider transferring the case to another judge.

  LAI CONTEH’S CASE
  JUDGE CAUTIONS LAWYERS AND THE POLICE
  The Mayor of the Kanifing Municipal Council, Abdoulie Conteh, was on Thursday granted bail by Justice Haddy Roche of the Banjul High Court. However, the trial Judge did caution both police and the Acting Director of Public Prosecution, Marley Wood.
  When the case was called, Marley Wood Stood up and announced her appearance with two other Counsels. The head of the defence team, Antouman Gaye Stood up and informed the Court that he is appearing with Sagarr Jahateh, Badou Conteh, Lamin Camara and Combeh Gaye. Justice Roche later asked the prosecutor to tell her why the accused should not granted bail.
  “I want you to tell me why I should not grant bail to the accused person. You (Prosecutor Marley Wood) brief your office wrongly. Yesterday they (the state law office) called me to find out whether the case was on for ruling. The accused was not remanded by Court order. The detention period was extended pending the Police Investigations on the matter. Justice Roche remarked.
  “I had given the investigators time. I thought by today you would have liased with investigators. If your office (Attorney General’s Chambers) want information, let them contact you (Marley Wood) or my Clerk, and not me.” Justice Roche remarked.
  Prosecutor Marley Wood at this juncture cited an authority to affirm the conditions that are attached to the granting of bail to an accused person who is charged under the Economic Crimes Decree.
  Justice Roche said, “You are not telling me that he should not be granted bail.”
  Marley Wood replied, “I have conceded earlier that the offences with which he is charged with are bailable. I have laced with the investigators and they told me that investigations are at an advanced level. They say they need two weeks.”
  At this stage, the trial Judge asked ASP Lamin Touray of the Fraud Squad to tell him why the accused should not be granted bail. ASP Touray responded that he is not in a position to say why the accused should not be granted bail.
  However, he was quick to point out that they are still investigating issues pertaining to the offences with which the accused person is charged.
  Justice Roche then stated, “You can have all the time to investigate, but that has nothing to do with his liberty in the interim.”

  Letter from Congresswoman McCollum
  Dear Secretary Rice:
It has been reported in the media and confirmed by the State Department that on November, 15, 2005, Gambian government authorities arrested three opposition political leaders - Hon. Halifah Sallah, Mr. Hamat Bah, and Mr. Omar Jallow. This unfortunate event casts the appearance of an attempt by the Republic of the Gambia to silence legitimate democratic voices of the political opposition.
Last week, I sent a letter to the Ambassador of the Republic of the Gambia expressing my
concern over the arrests of these three political leaders, and I have included a copy of this letter for you. Our country profoundly values democracy and the opportunity for people around the world to pursue freedom and self-determination. I am very concerned that the arrest of the leaders of the political opposition by the Gambian government sends a signal that next year’s scheduled elections are in danger of not being free or fair. I urge you to send a clear and. unambiguous message to the Gambian government and hold them accountable for the safety and well-being of the three leaders, as well as to secure their release as soon as possible.
In July 2005, I had the opportunity to meet with the Hon. Halifa Sallah, the Minority Leader of the Parliament, in my Minnesota congressional office. He expressed to me his desire to work with his fellow citizens of the Gambia to engage in an open, democratic process leading to free and fair elections. This noble goal has my strong support and I would greatly appreciate all efforts by the Department of State and the U.S. mission in the Gambia to reinforce this message as well as our concern for the well-being of these political leaders.
Madame Secretary, thank you for your efforts and please keep my office informed of any
developments in this situation.


  Sincerely
  McCollum
Member of Congress

  Arrest of NADD Trio
  Dear Editor,
  Allow me space in your widely read newspaper to express my views about the unexpected arrest of the three NADD executive members. This arrest is not expected now because we have few months to go prior to the elections.
  The most important thing is their trial should be conducted in a free and fair manner in order for us to preserve the mineral resource of the Gambia which is PEACE.
  May God the Almighty help them in their struggle to liberate the Gambian people.

  PA SALLAH JENG’S CASE
  The Banjul High court presided over by Justice Ahmed Belgoreh, will deliver a ruling today on the civil suit involving the mayor of Banjul Pa Sallah Jeng and the Attorney General, and the Secretary of State for Local Government and Land.
  The ruling is in connection to the submissions made by Hawa Sisay Sabally, the Plaintiff’s Counsel and Lawyer Ajayi, the Counsel for the respondents. The two counsels made their submissions before a crowded Court on Thursday. The Court was supposed to deliver its ruling on the matter on Thursday, but it was unable to do so due to the fact that it (the Court) did not sit that day. Judicial sources have it that the trial Judge was ill on that day.
  Pa Sallah Jeng is asking the Court to make a declaration that his suspension as Mayor of Banjul is null and void, and is contrary to the Local Government Act.

  RESTRUCTURING S/KUNDA MARKET

  By Surakata Danso
  Some vendors at Serrekunda Market have expressed their dissatisfaction at the manner the restructuring of the market is proceeding following the last fire disaster. In their bid to implement the recommendation of the task force which was set up by the Mayor of the KMC, the chairman of the Kanifing Market Monitoring Committee has on the 1st of December 2005, sent notice of demolition to hundreds of canteen owners and vendors who use the road behind the market to sell their goods. The road that links Dippa Kunda high way to the Sayerr Jobe Avenue after the old Anglican Church, is the precise location.
  According to the affected victims, the period covered by the notice is the days after which the structures will be demolished. The affected persons claimed that the action of the KMC authorities is uncalled for because the notice is short. They further claimed that the action of the KMC authorities is callous because hundreds of those affected by the emergency notice of eviction are family men and women; that if it is implemented as planned, it will endanger the lives of thousands of young and elderly people. The victims therefore called on the Secretary of State for Local Government, the SoS in charge of Social Welfare and the Vice President to intervene in what they call a cruel action aimed at denying them their source of livelihood. “KMC should have created an alternative place for us before taking any action,” the aggrieved victims said. They said the claim that their structures are illegal is baseless; that despite the claim, KMC has been collecting tax from them over the
 past 15 years.
  The committee at the market claimed that they are aware of the issue of the notice; that the move is as a result of the fire that has ravaged the market eight months ago. The exercise is aimed at creating three 6 metre roads in the market for accessibility in case of fire or other accidents. The committee members that this reporter contacted agreed that the recommendations of the Gumbo Touray Task Force have been from the market vendors themselves, but that they had told the committee that before any action is taken against them, the would-be victims should be provided with a place for selling their goods. On the issue of the 6 metre road, many vendors called on the KMC authorities to reconsider and look at the entry point of the back road from Dippa Kunda highway which had been used  by the KMC Cleansing service truck  and fire service tanks up to the toilet; that such a situation had been existing since PPP days. They suggested that what could be done is to allow that access road
 up to the Church; that anything more than the size of that road is going to worsen the poverty of many families which they say contradicts the government’s programme of poverty alleviation. All efforts to get in touch with PRO Sanyang of KMC proved futile.

  STGDP PROTEST DETENTION OF NADD TRIO
  Gambians from across the United States converged at the Gambian Embassy in Washington DC to protest the continued detention of The NADD leaders. Despite the bitter cold, Gambians who travelled from as far as Seattle, Chicago, Atlanta, North Carolina, Kentucky and Minnesota marched around the embassy complex with placards reading, “Free the NADD Three”, “Justice for Koro Ceesay”, etc.
  The protesters took their case to the United States Department of State where a letter to the Secretary of State Ms. Condoleezza Rice was delivered. At the State department Mr. Pasamba Jow of the Save the Gambia Democracy Project met with Mr. Larry Andre, Jr., Deputy Director of West African Affairs and Mr. Pete Davis a Desk Officer. Mr. Andre assured Mr. Jow after a very detailed meeting about the arrest of the opposition leaders and other human rights problems in the Gambia, noting that the State Department was very aware of the situation in the Gambia including the arrest of the opposition leaders. They have a transcript of the President’s threats on Koriteh day. Upon receiving the letter from Mr. Jow, Mr. Andre made it clear that the letter will be delivered to the Secretary of state and her assistant who is a great advocate of democracy around the world.
  On his part, Mr. Musa Jeng of the STGDP asserted that, “STGDP is not interested in taking sides; we are only driven by our commitment to see democracy and rule of law in the Gambia. The arrest of the NADD leadership is going to lead the country to the abyss, and would definitely undermine the goal of finding political resolutions in the Gambia.”
  Another Protest to free the NADD three and a call for Justice for Deyda Hydara is scheduled for December, 16th    in New York City. The Planned protest will take them from the Gambia mission to the United Nations, where an attempt will be made to deliver a letter to the UN Secretary General, Mr. Kofi Annan.



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