Foroyaa Newspaper Burning Issue

Issue No. 33/2006, 1-3 May, 2006

* *

*Editorial*

BE GUIDED BY THE LAW**

*Democratic** governments are founded on law and are therefore guided in
their action by law. The Second Republic of The Gambia is founded on the
1997 constitution. The executive, the legislature and the judiciary are all
founded on the 1997 constitution.*

*The President** of the Republic, when assuming office, took oath to defend
the constitution and treat all and sundry equally, without affection or ill
will. However, we can refer to countless incidents of violation of the
constitution particularly section 19 which deals with personal liberty.
Regrettably, court orders are not complied with. For example when Mayor Jeng
was suspended from his Mayorship, upon filing a suit in court, the court
ruled that the suspension was without foundation and ordered the Secretary
of State to reinstate him and to revoke the appointment of the Acting Mayor.
That was in December, 4 months ago, but this order is yet to be complied
with. In fact, the state had applied for a stay of execution but the court
refused their application. FOROYAA had made attempts before, without
success, to find out why the Secretary of State had not complied with the
order and whether or not he does intend to comply with the order. We shall
make another attempt and inform our readers accordingly.*

*We cannot **say something clear yet because we have not had the opportunity
to talk to the Attorney General or Director General of Prisons. But the
counsel for Mrs. Mariam Denton claims that he was denied access to his
client following a court order that she has a right to access a counsel of
her choice. *

*FOROYAA **shall closely monitor developments today. Needless to say, the
Director General of Prison must realize that violation of a court order to
ensure compliance with the constitution is an offence.*

*In short,** any person who feels that his/her constitutional rights have
been violated may bring action before a court of competent jurisdiction for
a declaration. Mrs. Denton's right to access a counsel of her choice was
violated. A case was filed in court and the court declared that she has a
right to access a counsel of her choice. According to subsection (2) of
section 5 of the constitution "any person to whom such order or direction is
addressed shall duly obey and carryout the terms or order of the direction."
*

*What will happen** if the Director General of Prisons fails to comply?
According to subsection (3) of the same section: "The failure to obey or
carryout any order made or direction given under subsection (2) shall
constitute the offence of violating the constitution."*

*Let us see what will happen today.*



*Treason Suspects To Be Tried*

According to an announcement by Radio Gambia a statement issued by the
Department of State for Justice indicates that persons who were allegedly
involved in the abortive coup of 21st March 2006 were taken to court on
Friday. According to the announcement, they were remanded in custody till
10th May 2006. They are reported to be charged with treason and conspiracy
to commit treason contrary to section 35 of the Criminal Code.

The announcement did not state the names or the number of accused persons,
nor did not state the place of the trial.



*BANJUL MAYOR PLEADS NOT GUILTY*

*By Surakata Danso*

Pa Sallah Jeng, the Mayor of the Banjul City Council, on Thursday pleaded
not guilty to five counts of the state law office.

When the case was called before Justice Yeboah of the Banjul High Court, the
Director of Public Prosecutions, Emmanuel Fagbenle announced that he and
Marie Saine Findous are representing the State. Lamin Camara later stood up
and informed the court that he and Neneh Cham Chongan are representing the
accused person. The charge sheet was read for the accused to take his plea,
and on hearing the charges instituted against him, the accused pleaded not
guilty.

The court later granted bail to the accused in the sum of one million
dalasis and the bail bond is to be signed by two sureties and another bond
of landed property worth five hundred thousand dalasis to be signed by the
accused and another surety.



*The Independent Muffled*

*By George Sambou*

The Independent  has not been seen on the street stand since 28th March,
2006

According to the General Manager of the Independent Newspaper, Madi Ceesay,
they cannot still operate due to the fact that they are not allowed to have
access to their office.

He stated that at the time of his release, he was given the assurance that
they can operate. He said he wanted operation to start on the 25th April,
but when the office receptionist, Juldeh Sowe, reported to work that early
morning, he was arrested and later released on bail. He said Mr. Sowe was
told that he has no right to be in the office, and therefore he should not
be there. He also added that the Police are currently occupying the
Independent office and withholding the keys.

He added that he has made frantic efforts to talk to the Inspector General
of Police, but his efforts bore no fruit. Mr. Ceesay went further to appeal
to the authorities to allow them to operate. According to him, the closure
of the paper is not in the interest of freedom of expression. He said
3rdMay is World Press Freedom Day. According to him, having media
houses like
the Independent Newspaper, Sud FM, Citizen FM and Citizen Newspaper shut
down, does not tell well of us. Mr. Ceesay further urged the authorities to
lift the ban on the affected newspapers and radio stations because they
promote democracy and freedom of expression. According to him, the
continuous closure of the media houses will only paint a bad image of the
country. "I want to see the Gambia champion freedom of expression". When
asked about the fate of his staff, Mr. Ceesay disclosed that about 20 to 25
of them are currently thrown out of job. Mr. Ceesay urged them to keep up
the momentum and be patient. He admonished his freelance journalists that
they can work for other media houses and let them not allow themselves to be
pushed out of the profession.


DENTON YET TO ACCESS COUNSEL

Mariam Denton who is currently incarcerated at the Mile Two Central prison
is yet to see her counsels despite a High Court ruling that she has right to
have access to a counsel of her choice.

Mariam Denton's arrest came in the wake of the abortive coup which led to
the arrest and detention of high profile figures.

Ousainou Darboe, one of the counsels who went to Mile Two Central Prison on
Friday to see their client, Mariam Denton, said they were not allowed to see
their client. Darboe said they were told by prison wardens on duty that they
have closed work and so they (counsels) will not be allowed to see Denton.

Darboe said they were there before closing hours, noting the reason advanced
by the prison wardens on duty was not genuine.

Mr. Darboe said they had consulted the Attorney General and Secretary of
State for Justice, Sheikh Tijan Hydara, before they went to Mile Two prison.
He said Secretary of State, Hydara, had given them assurance that they will
be allowed to access their counsel if they go to the prison. Mr. Darboe
concluded by condemning the action of the prison wardens. Mr. Darboe said
all the concerned parties were served the court's decision on the matter.

Mr. Darboe's assertion is corroborated by Neneh Cham Chongan, one of the
lawyers who filed the application that asked the court to make a declaration
that Mariama Denton has the right to have access to a counsel of her choice.

Attempts to reach SoS Hydara on phone bore nought. His mobile was on
answering machine. Attempts to reach the Director General of Prison on phone
also bore nought.



*At The National Assembly*

*HALIFA ON THE PRESIDENT'S SPEECH*

*On Fishing***

Hon. Speaker, the President has talked about fishing and indicated that
Gambians do not want to go fishing. But Hon. Speaker, how many times have I
been sending young people to the Secretary of State responsible for
fisheries who are ready to go on board vessels but do not have the
opportunity to do so? Go to the Fisheries Department and see the number of
young Gambian who have been listed there, who are ready to go out to sea in
search of better means of survival. Go to the Seamen's Union and see the
number of young people who are listed there waiting for the opportunity to
go to sea in search of better means of survival. Go and visit The Gambia
Maritime Institute at half-die and see how it has been neglected. Hon.
Speaker, how many years has this organisation been in existence and crying
every time for recognition. You say "People do not want to go fishing." Hon.
Speaker, I do not agree with that statement. People want to go fishing but
they lack the opportunity to do so!

On the Hotel Training School

Hon. Speaker, it is important to emphasis here again, the issue of the Hotel
Training School. The Hotel Training School has trained many people in the
past. Subventions used to be given to the young people to be trained. Now,
Hon. Speaker, the Hotel Training School is commercialized. If you do not
have the means you would not be trained. Training has become so expensive.
It is now becoming a system of training for those who can afford it. The
Gambia Technical Training Institution, GTTI falls in the same situation.
Hon. Speaker, we have killed all the incentives for the young people to be
trained because of the cost. The vast majority of the poor cannot afford the
cost and at the end of the day, we keep on blaming them for not wanting to
acquire training.

*On Small Scale Enterprise*

Hon. Speaker, we have been told that about D50 million has been saved by
Micro-finance institutions. But the reality, Hon. Speaker, is that Gambia is
a small scale economy. Most people are surviving by relying on petty trade.
They are selling very little goods. So the fundamental issue, Hon. Speaker,
is what programme do we envisage for this sector? We have been told the
reality but Hon. Speaker, we have not been told that the government has any
plan to deal with this particular sector. The informal sector, Hon. Speaker,
is the back bone of The Gambia's economy. Hon. Speaker, we have been told
here by the Chairman of the National Assembly Select Committee on
agriculture that those people who are receiving finances from the
Mirco-finances, are complaining. So Hon. Speaker, it is important for us in
this Assembly to raise the right questions in the next session so that we
know what has happened to all the macro-finances which are designed to
addressed the issue of poverty in the country. What has happened to them!
Hon. Speaker.

*Health*

On the issue of health, we have been told by the President that the health
institutions are expanding; that they are being revised and developed. And,
Hon. Speaker, we are also being told that a lot of equipment has been
brought into the country so that we can improve our health system. We have
passed a bill here, Hon. Speaker, which deals with the issue of training of
our health workers. This is a very healthy development. Hon. Speaker, if you
look at the issue of health further, we are told that death caused by
Malaria has been reduced by 35 per cent. My concern Hon. Speaker is, are all
deaths registered in this country? Do we have reliable statistics of deaths
in this country to the point of being able to draw such a conclusion? I
defer with this conclusion Hon. Speaker, Essentially what we need is proper
statistics by registering all deaths and also to make sure that autopsy is
carried on all deaths to know the cause of death before we can come to such
conclusion. I call this statistical jugglery. On commitment to health, Hon.
Speaker, yes we have been told that structures have been built. That is very
important but the issue of access to health, Hon. Speaker, is fundamental!
Are the facilities accessible to the people? Are the drugs affordable? That
is really what is of major concern Hon. Speaker. And, Hon. Speaker, if you
look at the subvention for Royal Victoria Teaching Hospital, this year the
subvention  has been reduced from D41 million to D38 million; the costs for
drugs and dressings has also been reduced from D6.5 million to D5 million.
Subversion to Bansang Hospital this year has also been reduced from D13
million to D11 million. The cost of drugs and dressings for Bansang Hospital
is also reduced from D3 million to D2 million. Hon. Speaker, the same thing
goes for Farafenni Hospital. The subvention for Farafenni Hospital has been
reduced from D10.5 million to D9.3 million and that the cost of drugs and
dressings has also been reduced from D2.2 million to D1.2 million. The
subvention to Bwiam Hospital has also been reduced from D5.5 million
to D4.7million; the cost of drugs and dressings has also been reduced
from
D1.2 million to D700, 000 (seven hundred thousand dalasis). So who is going
to pay for what is cut from the budget? Obviously Hon. Speaker the cost is
going to be shouldered by the people. So, here, Hon. Speaker, we are
improving the facilities but the fundamental question is "Are we making the
facilities accessible to the people?" Hon. Speaker, making the health
facilities accessible to the people and the drugs affordable is really what
is fundamental in any health delivery system.

*On Education*

Hon. Speaker, on the issue of Education, there is no need to go into that
because the issue of quality and relevance has been emphasised by the
previous speaker. Hon. Speaker, the issue of quality and relevance are
fundamental. Hon. Speaker, we also presume that affordability has been
addressed but the reality is that the number of pupils who are going into
the private schools because of the lack of space in the public schools is
increasing.





*THREE CANDIDATES NOMINATED FOR KOMBO EAST BYE-ELECTION*

*By Lamin Fatty & Sarjo Camara Singhateh*

The three aspiring candidates contesting for the Kombo East bye-election
were on Wednesday 26th of April, nominated at the Independent Electoral
Commission Office in Brikama Administrative Area, after they were certified
by the returning officer of the IEC, Mrs. Sarah Grey Johnson.

Momodou Lamin Touray (alias Chalie) a native of Pirang was the first
candidate to be nominated. He was nominated at 12:05 pm by the National
Alliance for Democracy and Development (NADD). Mr. Alagie Nfansu B.K Konteh
(alias Jung Konteh), a native of Faraba Banta and former Chief of Kombo
East, was nominated at 2:15 pm by APRC and  Lamin R. Darboe, also a native
of Pirang Village in the Kombo East, was nominated at 3:15 by UDP. According
to Mrs. Grey Johnson, all the applicants have successfully fulfilled the
necessary requirements for nomination by the Independent Electoral
Commission, which she said include the list of 300 electors, assets
declaration, income tax clearance, party symbols and a cash deposit of
D5000.00

Mrs. Grey Johnson explained the reason for the holding of the bye-election.
"We are all aware of the demise of the former Kombo East National Assembly
Member," she said. The IEC is acting in accordance with section 91
subsections 3 of the constitution of The Gambia 1997 and section 84 of the
Electoral Degree 1996. The IEC notified the general public, stake holders
and interested persons of the death of the late Kebba Touray, and said that
nomination would take place on the 26th of April, and Election is to be held
on the 14 of May 2006. Speaking to reporters shortly after the nomination,
Momodou Lamin Touray said he was born in Pirang; that he is 50 years old and
is a graduate of St. Augustine's High School. He said he worked for the
defunct cooperative union, where he had a lot of inservice training and
later travelled to the UK, but returned to contribute towards the
development of The Gambia.

He stated that he is sponsored by NADD, and that the party has an MOU and a
manifesto which would guide him, if elected. He promised to contribute
positively in the National Assembly to ensure the empowerment of The Gambian
people, if elected into office. He said his party is for Gambians who want
change for the betterment of The Gambia. For his part Mr. Konteh said that
his party will come victorious, stating that the crowd is an indication of
his popularity. He pointed out that the people of Kombo East have crowd and
confidence in him. He said he was born on the 10th of August 1943 and since
then he has been working with his people. He said he was an Alkalo for 8
years in Farabanta and Chief of Kombo East for many years. He said even
though his highest educational attainment is standard 7 he was able to teach
for 7 years. He pointed out that the National Assembly Member, Khalifa Kambi
and the Secretary of state of Local Government and Lands Ismaila Sambou were
among the students he taught in school. When asked whether he will join
those National Assembly Members in changing the constitution to suit the
Executive, he said "Yes" noting that the constitution is flexible, therefore
it can always be changed to suit the needs of the people. He further said
that his priority will be his President's priority because his President
said he believes in God and therefore his "treasury" lies in the hands of
God. He said if he is elected in office, he will not enrich himself, he will
rather stick to the interest of his people. He said the whole of Kombo East
is rallying behind him, stating that even the kids and the animals know who
Nfansu Jung Konteh is. The last candidate to be nominated, Mr. Lamin R.
Darboe of UDP, said he was born on the 26th of August 1968 in Pirang. He
pointed out that his highest qualification is primary teacher's certificate
which he received from The Gambia College and that he taught for 15 years.
He said, "It was never our intention to gather at the IEC office, but
because we lost a brother and colleague, that was why the bye- election must
be held." He said death is inevitable since everybody will die sooner or
later. He said he does not see Lawyer Darboe, but The Gambia, and according
to him, he works in the best interest of the people. He said he has the
chance of winning the election because the people of Kombo East have built
trust and confidence in him and that that was why he was nominated to
contest. He said whether he will deliver or not, will be proved when he is
elected in office. He said if he is elected in office, his first priority
among other things is to forster unity and love within the people of Kombo
East, stating that Kombo East has a lot of problems that need to be
addressed. He cited the poor condition of the road which in his view should
be repaired. He also expressed disapproval of trouble. The occasion was
graced by the supporters of all the three political parties contesting for
the bye election.





*POLICE PRO CLARIFIES*

*By Adam .S. Sallah***

A resident of Bundung and a brother to an accident victim said the accident
happened on Wednesday, 26th of April, between the hours of 6:00 to 7:00pm.  He
said his brother was taken to the hospital, but they were asked by a nurse
on duty to report the matter to the police.  But according to him, it took
time before the police arrived at the hospital, and on arrival they found
that his brother already admitted and was receiving treatment.

He said they were later referred to the RVTH where he said it took them
another 45 minutes before they were able to see the doctor because he was
said to be out.  When the doctor arrived, it took them almost an hour again
before the victim was donated blood which according to him, resulted to his
untimely death.  He blamed the authorities at the hospital for negligence.  He
asked whether there is a law which states that accidents must be reported to
the police before the victim is taken to hospital for medical treatment.  He
said if such laws exist, then it is a bad law and it should be
abrogated.  According
to him, many people in the Gambia die because of such circumstances.

According to the spokesperson of the police, Mr. Aziz Bojang, there is no
law which states that an accident victim must see the police before he/she
receive medical treatment.  Aziz noted that the life of the victim should be
considered first, before thinking about the police.

Babucarr Ngum, the spokesperson of the RVTH said he was not informed about
the death of the accident victim.  He said that staff at his department work
24 hours a day.



*ALLEDGED TORTURE BY IMMIGRATION OFFICERS*

*By Fabakary B. Ceesay***

Sources from Basse in the Upper River Division, informed Foroyaa about a
crowd of angry people who nearly attacked the Immigration office there and
confronted the officers on duty on that fateful day. The pandemonium was
said to have been caused by an Immigration Officer who allegedly arrested
and severely maltreated one Cherno Jallow at the station. It was stated
that, Cherno Jallow, a Gambian tailor had a problem with Corporal Camara's
Uncle who reported him to his nephew, Corporal Camara and that the Corporal
took advantage of his position as a Police officer to punish Cherno for his
Uncle. It is further alledged that Cherno was severely beaten at the station
by the officer on duty and sustained serious injuries. It was purported that
Cherno was later handcuffed and dumped in a pickup vehicle exposed to the
hot burning sun for several hours and that the vehicle was so hot that it
burnt Cherno leaving him with injuries on his body. Reports continue to
indicate that the maltreatment of Cherno did not go down well with the
concerned citizens of Basse, who also wanted to pay the officers in their
own coins. According to the reports it was the intervention of the elders in
the community that prevented an ugly scene. It is said however that a
delegation called on the commissioner of Upper River Division URD Omar Khan,
to express their dismay to him about the whole matter. According to the
reports Commissioner Khan promised the delegation that he would everything
possible to address the issue adequately. Foroyaa contacted the Immigration
Public Relations Officer, PRO Cadet Assistant Superintendent, Lamin Jatta,
confirmed the story, and indicated that he had already instructed their
officers  to investigate the alleged incident.



*"JUSTICE DELAYED IS JUSTICE DENIED"*

*Says Justice G.B Semega **Janneh*

The Judiciary in collaboration with The Department for International
Development, DFID, under the Legal Capacity Building Programme, LCBP have
started a seminar for court and registry staff. The objective of the seminar
is to strengthen the capacities of court registries, revise and update
records or registry procedures manuals and enhance efficiency and
effectiveness of court registries.

Delivering his opening address, The Honourable judge of the supreme, court
Justice GB Semega Janneh, said that, disputants around the whole country put
their complete trust in members of the judiciary and indeed, Gambian
litigants have high expectations when they bring cases to courts. In any
case, any aggrieved person who uses the court as a last resort always looks
forward to speedy and fair justice, but do they have speedy and fair justice
in the courts?" Justice Janneh asked. He noted that cases suffer inordinate
delays in the courts, and that as the saying goes, "Justice delayed is
Justice denied." The delays in the court system are causing untold hardship,
suffering and anxiety to frustrated litigants.

Going further, he emphasised that the responsibility is collectively showed
by Judges, magistrates, top Judicial officers and top legal practitioners on
both sides of the spectrum. The court registries, especially those of
superior courts, and enforcement agents share the same responsibility and
there has been also growing dissatisfaction in the area of enforcement. It
was common to find litigants winning a case, after a long court delay, going
through a nightmare, in the enforcement process, to enjoy the fruits of the
decision, he said.

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