Foroyaa Newspaper Burning Issue
Issue No 52/2006, 13-16 June, 2006
Editorial
IEC Surrenders Its Sovereignty, No Longer Independent
Well Over 90,000 Persons Registered!!
ID Cards are still being issued at a compound known as Tamba Kunda in Tallinding. The APRC Chairwomen are still going around telling their people that registration will continue soon. Interestingly enough registration in the KMC area stopped abruptly after claims by registering officers that films were in shortage. The events which followed were dramatic.
The IEC became mute as to when the list of voters will be published for screening and the filing of objections before revising courts while speculations were rife that the IEC Chairman was being influenced by the APRC to resume the registration exercise. The news came like a thunderbolt from the blue that the Chairman was engaged in consultation with the president on the issue of extending the registration exercise. Section 43 subsection (3) of the constitution states that “In the exercise of its functions under this constitution or any other law, the Commission shall not be subject to the direction or control of any other person or authority.”
Mr. Njie told GRTS that all stakeholders have been consulted. Foroyaa has spoken to representatives of all the political parties and they have made it categorically clear that they have not been consulted on the registration exercise. They claim that the stoppage of the registration was not only unceremonious but that consulting the President while ignoring the opposition negates the Independence of the IEC. 
Gambians are raising their eyebrows as they receive the information that over 90,000 persons have been registered. The corrupt registration practices are likely to be exposed before the revising court. Can you imagine how a youngman can attest to the birth of a person as old as his parents? 
The tragedy of the system is that Gambians are finding it difficult to get documents to be registered as voters while those who are not entitled are getting attestation to get voters’ cards. 
The Interparty Committee is stagnant. The Chairman consults only one side. The Independence of the IEC is indeed hanging on a balance.
 
JUSTICE YEBOAH SCOLDS LAWYER
By Modou Jonga
A lawyer name (withheld) was on Monday scolded by Justice A. Anin Yeboah at the Brikama High Court for frequently absenting himself and coming late in her court, thereby failing to deliver his required service to his clients.  The said lawyer is a counsel to Mr Sarja Gibba, chairman of the Village Development Committee of Farato village.
According to Justice Yeboah, this behaviour of the said lawyer is unwanted and improper and it is posing a great deal of difficulty for the effective delivery of justice on cases in her jurisdiction.  The said lawyer was also chided for frequently travelling both within and outside the country without properly informing the court. Justice Yeboah chided him for giving priority to the sittings of the High Court in Banjul than in Brikama
Justice Yeboah made this bold comment in the presence of a packed court room made up of lawyers and litigants.  “To be frank, I have always been finding it difficult to pin you in my court sittings involving your client,” she emphasized
 
ALEXANDRA DJIBBA LOOKS FOR SALIF SARJO
By Yaya Dampha
Alexandra Djibba, a former spokesperson of the MFDC who was expelled from The Gambia was recently seen in Jarra.  Djibba said he is looking for a rebel leader called Salif Sarjo, whose forces recently clashed with the army of Guinea Bissau, is the most wanted man in Senegal.
Rumours were rife in Jarra that the warlord (Sarjo) was admitted in a mental clinic at Jarra Jappineh.  It was rumored that he was beleaguered by mental ill health and was being treated in Jappineh.
Enthusiastic to ascertain the reliability of the information, Alexandra Djibba decided to go to Si kunda in Jarra.  Djibba, who spent four days in Si kunda, sent secret agents to Jappineh to find out whether Sarjo was there.
This reporter asked Alexandra Djibba why he wants to establish the whereabout of Sarjo.  In his response, Djibba said he needs the information for personal reasons. However, when this reporter contacted his host, he said Mr. Djibba told him that Mr. Sarjo had left his troops when their forces had an encounter. He said Djibba told him that the encounter had left Mr. Sarjo’s troops displaced. He said Sarjo came to Jappineh on the pretext that he is mentally ill while his mission was to look for jujus. However, when this reporter went to the mental clinic in Jappineh, he realized that Mr. Salif Sarjo was not admitted there and the mental doctors confirmed to me that he was never there. 
 
 
“I AM NOT SACKED”
MKK-Treasurer
By Yaya Dampha
Reacting to Foroyaa’s lead story on issue No. 51, Mr. Kebba Drammeh, former treasurer at Mansakonko Area Council, said that the CEO, Mr. Yusupha Manneh and himself have been sent on indefinite leaves but not yet sacked. He said that his indefinite leave letter was copied to the council’s chairman and that both him and the CEO have received their letters and they have hand over to their respective successors.
However, Mr. Kebba Drammeh still resides at the council’s quarters were the new treasurer is supposed to stay, but Mr. Yusupha Manneh has since then left for his home town of Basse. 
 
Unity Within The Opposition 
Letter to DR Saine
RE: NADD’S POSITION ON THE CALL FOR UNITY AMONG THE OPPOSITION
The proposals made for a united front to contest the forthcoming presidential election has been reviewed by the Executive Committee of NADD. 
All those who comprehend the demand of the political situation in the Gambia cannot belittle the importance of building a durable united front to contest the 2006 presidential election. Since the AFPRC/APRC regime came into office, it has been making every effort to entrench itself by any means. Since the 1996 presidential election, the opposition has only been able to challenge the regime through a united front. What made previous united fronts to fail should be our major preoccupation. This is why the NADD Executive welcomes the debate regarding the nature of the united front we need to contest the 2006 elections.
We wish to convey our deep appreciation for the patriotism demonstrated by Gambians who have been sending their criticisms and proposals. This confirms that the duty to guide the destiny of the Gambian people is a collective responsibility.
The Executive Committee of NADD has taken note of the view of the UDP/NRP alliance that their adoption of Mr. Darboe and Mr. Bah as presidential and vice presidential candidates respectively, must be given uppermost consideration in any negotiation.
What is of fundamental importance to NADD, however, is the task of removing the present government and further ensure that a government like it never emerges again.
The key point to draw your attention to is the fact that NADD sprouted from the vision that a divided opposition will be tactically disadvantaged in prosecuting its objective of unseating the present regime.
The goals and structure of NADD were carefully hammered to address this tactical question of overcoming the weakness of the opposition.
Considering the statements unremittingly repeated by president Jammeh that he will be in office indefinitely, the primary goal of the alliance had to be linked to the agenda of putting into sharp focus the need to put an end to self perpetuating rule. Hence measures were taken to ensure that future presidents would accept a two five year term limit. In order to build a foundation for the consolidation of the culture of imposing a term limit to the presidency, it was considered prudent to restrict the tenure of office of its transitional president to one term of five years.
The NADD Executive strongly maintains that this goal of limiting the term of office of the flag-bearer of a united front is a key platform in galvanizing the people against the Jammeh regime and offers great opportunity to a new government to put an end to a culture of impunity and self perpetuating rule. 
In any negotiation to forge an alliance such goals should be maintained. In fact the NADD Executive cannot comprehend how any Gambian would be opposed to the establishment of a one term limit for a transitional president. What is envisaged is a debate as to whether the five year term limit of the transitional administration should be reduced to a two year term limit as some has propose. There is all indications that NADD will give positive consideration to any such proposition as a package for promoting unity.
Secondly, the task the opposition parties were called upon to perform was to form a united front, irrespective of the tribe, ideologies, place of origin or party affiliation of their members. 
Suffice it to say, if the task of the first meeting of the leaders was restricted to the selection of a presidential and vice presidential candidate from parties which had this or that percentage in a previous election, we would not have signed a memorandum of understanding in unanimity despite the diversity of interests and idiosyncrasies of the leaders. What the leaders sought to do was to enhance ownership of NADD by all parties by advocating for the principle of sovereign equality of all parties. It gave equal opportunity to all members to seek the mandate of the people on the basis of consensus or through the holding of primaries. The consensus principle was designed to encourage party representatives to accept a candidate who they can convince their respective party constituencies to support. Where the leaders cannot agree on the basis of consensus their respective constituencies were to be consulted directly to select the electable candidate. 
It goes without saying that some of the critics have questioned why NADD was created as an umbrella party. The answer is simple. Since no single party could remove the present regime the combine efforts of the parties were deemed necessary to achieve that aim. Most members of NADD acknowledged that if the combine efforts of all were to promote the candidature of one party, all the other parties will be marginalized during the period of promoting his or her candidature. This comes with its disadvantages. First and foremost, upon victory the single party may isolate the other parties and attribute its victory to its own efforts. On the other hand, in our circumstance at the time of our negotiation some parties may not have been too keen in doing their best to support the candidate of a single party. In that respect, NADD became a natural offshoot of our internal debates and struggles and not the creation of an individual reformer or idealist. 
Hence the creation of an umbrella party provides the basis for its constituent members to claim victory after an election. Needless to say, people of diverse backgrounds may vote for the umbrella party for diverse reasons. Finally, the umbrella party will not be judged by the shortcomings of any individual party as their members compensate for such inadequacies. These are the advantages of creating an umbrella party. In short, ownership of the party will be equal. No dictatorship can be imposed by any flag-bearer or any single party. 
It was envisaged that if each party surrenders its sovereignty to the umbrella party for a transition period of five years all of them will retain their original size and political weight and would be guaranteed a level ground for contesting the next following elections. This is when the size of a political party would matter. As far as the 2006 presidential election is concerned NADD sought to have a candidate who the representatives of parties can present to and be accepted by their respective constituencies. Furthermore such a candidate would have to accept and respect the agreement signed. A NADD National Assembly would be able to cast a vote of no confidence should the president violate his/her mandate to prevent any dictatorship of an executive presidency. 
Hence it should be abundantly clear that the establishment of NADD was not designed to give any party a ladder to climb to any height. Any party representative could have stopped the candidature of anyone and propose for a decision to be made through a primary. At no time did any member put the issue of the percentage earned in previous elections as a bargaining chip to contest elections. At no time did any member call for a primary to determine candidature. NADD selected a flag-bearer after the UDP and NRP leadership decided to withdraw their support for NADD. The selection of a NADD flag-bearer was done on the basis of a criteria agreed upon by all the political parties including the UDP/NRP. Since their departure the two parties have not called for a review of NADD’s MOU or the selection process. They have also not drawn up an agenda that will attract the other parties to create a new united front. NADD is open to consider any opinion on these matters.
In our view, an alliance is a tactical instrument which is designed to increase the support base of political parties. The checks and balances expressed by NADD on the presidency is meant to earn the trust of the people so that they can see a difference between NADD and the APRC.
We in NADD are convinced that the way forward is to have a programme that most Gambians will subscribe to and select a candidate that all the parties can promote in their respective constituencies with success. This is the way forward.
We are open to any negotiation that would consolidate the ownership of a united front by all its members, guarantee the sovereign  equality of all political parties, promote collective leadership of the members of a transitional government and give assurance of a level ground in future electoral contest. It goes without saying that this is the only way we can demonstrate to the Gambian people that we will not repeat the same mistakes of the past in bringing about change of faces while the governance environment sinks into the abyss of impunity and self perpetuating rule.
Time however is not the on the side of the opposition. The situation is imposing its demands. We have no choice but to open up and take all genuine concerns and proposals on board. Only those who seek to lead by walking one step forward and then two steps backward can afford to ignore the opinions of the people.
We in NADD are ready to negotiate in good faith to promote the interest of the people. We hope all those who are in the opposition will negotiate in good faith by explaining how their proposals can earn us greater support among the people and greater unity among the opposition.
While anticipating the surge towards a unified opposition will receive an accelerated power of motion.
We remain.
Yours In the service of the Gambian people and humanity,
Halifa Sallah
For the Executive Committee of NADD
 
 
GLASGOW CITY COUNCIL AND PEOPLE’S CENTRE DONATE TO SCHOOLS
By Isatou Bittaye
Glasgow City Council (Scotland), the Peoples’ Centre and The Gambia Tourism Support (GRT) distributed a container of educational equipment and materials to some school on the 11th of July 2006. The materials donated included school furniture, textbooks, library books, IT equipment and craft materials.
Francis Walker, the principle resource development officer, representing Glasgow City Council’s Education Department said: “Glasgow is experiencing drop in its pupil’s numbers and it is wonderful that learners of all years can benefit from our downsizing exercise. Children in the city are aware of the needs of their fellow children in The Gambia and I hope that this will be the beginning of further links between the children in Serrekunda and Glasgow.” She also added that the City Council could not have made this donation without the support of the Peoples’ Centre, especially Faye Suso of Peoples’ Centre, the director of GTS, Jerreh Jammeh, Dumbarton churches in Scotland and Gambia Education Support Association.
Mr. Faye Suso also acknowledged the support given by Drum Adventure (Glasgow), the Annex health living centre and the communities of Glasgow and Dumbarton. He said the donations are contribution to the improvement of standard and quality education in the schools which receive the donations.
On his part Jerreh Jammeh, the sponsorship coordinator of GTS, also expressed gratitude to the people of Glasgow and Dumbarton. He said they have been receiving donations from Dumbarton, and he thanked them for their immense contributions to the people of the Gambia.
The schools which benefited from the donations are Dumbarton/London Corner Nursery School, Nyakoi Nursery School, Serrekunda, Bundung and Tallinding Lower Basic Schools, Tallinding Upper Basic School, and Nusrat Senior Secondary School, as well as adults who access the Peoples’ Centre.
Mrs. Amie Sillah of Nyakoi Nursery School said she is impressed and happy about the donation, noting that the students are also happy. She added that this will help them to solve the problem of furniture in the school and they are going to make good use of the donation. She concluded her speech by thanking the benefactors.
Mrs. Manneh, headmistress of Bundung Lower Basic School also appreciated the donation and said it will help them to improve the reading standard of the students, stating that the students need books and it is not easy for their parent to buy them.
Mrs. Adelaide Njie of Tallinding Lower Basic, Mrs. Fatoumatta Ceesay of Tallinding Upper Basic, and the headmaster of Serrekunda School also expressed their gratitude to people of Glasgow and promised to make good use of the items donated to them. 
 
 
ALLEGED RESERVED LAND UNDER DISPUTE
By Modou Jonga 
A land claimed to be reserved for the future development of Farato was on Monday disputed at the Brikama High Court presided over by Justice Anin Yeboah.
The plaintiff, Fatou Sowe, is claiming to be the legal owner of the disputed land which she said she inherited from her parents in 1979.
However, during cross-acumination, the first defendant, Sarjo Gibba, stated that the land in question is a reserved land that is owned by the inhabitants of Farato. The said reserved land according to the first defendant was identified for reserve by the village Alkalo with other elders including the former chairman of the Village Development Committee who handed over to him (the first defendant) as chairman.
A letter written by the first defendant urged the plaintiff to desist from claiming ownership of the said reserved land was tendered in court and marked as exhibit.
The counsel for the plaintiff was lawyer Isatou Njie while the first defendant was represented by lawyer Lamin Jobarteh. The case is adjourned to Wednesday the 12th of July to enable the court to adopt the recorded proceedings of the court that were typed.  
 
NADD’S FLAGBEARER’S STATEMENT
Continued from Last issue
Now one may ask: What are the prospects for unity and how is it to be achieved?
The proposals continue to come. NADD has responded to Dr. Saine’s proposal. As flag-bearer I am inspired by the fact that the people themselves have become the mediators.
A day hardly passes without men women, and young people approaching me to express their concerns. From these encounters it is incontrovertible that people are interested in an alliance and not individual party politics. If I am wrong I stand to be corrected. In no where do we find people promoting the principles, policies, programmes and practices of their individual parties. If this was the case there would not have been any need for consultation. In short, it is the right of each individual to support the party of his/her choice. On the other hand, individual parties may consider it necessary to forge an alliance. An alliance may be done out of necessity or convenience.
In an alliance of convenience the partners can go their separate ways without any impact on each others support base. For example, if the APRC/NCP were to split today each is likely to retain its previous support base before their Alliance.
Conversely, in an alliance of necessity the partners separate to their mutual detriment. This has been the case of the opposition in Togo.
In my view, it is the situation on the ground which should determine whether an Alliance is necessary or not. In some situation an Independent candidate can even sweep the polls if the masses decides to turn their backs against the existing opposition and ruling parties as had happened in Mali, in the case of Tumani Touray and Guinea Bissau in the case of Vierra. UDP in the Gambia is even an example of how an alliance can be forged on the basis of necessity. In short, it is the member of the parties who were banned who decided to establish the UDP and then select someone to lead who never stood as a candidate. The wave enable him to gain 34% of the votes. This confirms that finding the right type of alliance is not an arithmetic or academic exercise. It requires appreciation of the general political mood of the population in a country.
To cut a long story short, at this very juncture one can traverse the length and breath of the country without noticing any encouragement for any individual opposition party to contest the forthcoming Presidential elections. The clarion call is for an Alliance to be forged.
Since time is against the opposition what is important is gauge what the two alliances are offering The Gambian people as the basis of unity and express their preference of the best way forward before the end of July.
In this regard, it is important to note that the UDP/NRP alliance advocates for a Mr. Darboe/Mr. Bah Presidential and Vice Presidential ticket. According Mr. Hamat Bah the Alliance will empower Mr. Darboe to appoint his own cabinet. There is no indication that Mr. Darboe as the UDP/NRP flag bearer will be restricted to a one term limit.
On the other hand, NADD stands for the candidates of the alliance to be determined by consensus or primary. In any subsequent negotiation such a method can still be applicable. Furthermore, NADD calls for a cabinet derived from representatives of member parties and civil society. Thirdly, the flag-bearer shall be restricted to one term to create precedence for subsequent holders of the office of president to accept a two five year term limit. 
The NADD also calls for a National Assembly that can check the powers of the president so that he/she shall not violate his/her mandate. 
The UDP/NRP alliance has not spelt out how the National Assembly will be constituted under their alliance. 
How are these differences to be narrowed? These are the fundamental questions we need to address with immediacy. 
Conscious of the situation in the country, I wish to reiterate again that we are going through the most decisive phase of our history. This is all the more so when it is acknowledged that the regime is determined to cling on to power by relying on all desperate means. The revelation that 94, 000 persons have been registered in a supplementary registration of voters marked with controversy confirms the state of crisis of the electoral system. Registration has been suspended and is likely to be resumed while presidential election is scheduled to take place on 22 September. The IEC Chairman was subjected to such a high degree of pressure by APRC party operatives who were given access to national TV to denounce his administration that he had to show open bias by consulting the APRC leader without consulting opposition leaders. The outrageously corrupt registration practices are naked to all eyes, yet some APRC chairwomen are in fact using Rambo’s case to threaten some members of the opposition who may not know their rights. The opposition is facing an electoral emergency. The lesson to draw is that the opposition is urged by the dictates of circumstances to unite. Five years under a united opposition which enables any aspirant to prepare the ground to seek a future mandate is better than five more years under APRC regime.
As far as I am concerned, I accepted to be considered to be flag-bearer not because I thought I had a larger constituency than anyone but because I thought that I will be accepted as a tool by all the political constituencies which form the alliance. When I saw messages from some constituencies I declared that I will be willing to handover my role to anyone who can be promoted and accepted by all the political constituencies. This is my stand. However, where we fail to find such a consensus I will not betray the people. 
To conclude, allow me to take exception to any notion that I had stood for elections and gain only 20%. I have never been a presidential candidate. I had 8500 to UDP’s 8000 votes in the 1997 parliamentary elections. I won my seat without any alliance in 2002. I retain the seat under an alliance in 2005 by elections. In my view, all votes are important and those who are really interested in change will not be saying tings that will antagonize others. They will say things that will unite. Each of us has a duty to perform. History will be the judge of us all. The future doe not lie in the hands of leaders. It lies in the hands of those who make leaders. It is for the leader to propose. It is for the people to decide. There is still hope.
 
 
MANLAFI JARJUE’S CASE DEFERRED
By Modou Jonga
The land trial involving the erstwhile Secretary of State for Local Government and Lands, Manlafi Jarjue, and the state has been re-adjourned to Monday 17th July 2006 by Magistrate E.F Mbye.
Mr. Jarjue is charged with criminal trespass for allegedly selling a plot of land in Sanyang village owned by the president of the Republic. It is alleged that Jarjue sold the land without the knowledge of the president.
The defendant’s lawyer, Lamin Mboge, was present in court on the 11th of July. However, the prosecutor, ASP Tijan Badjie, was not present in court and as a result the trial magistrate decided to adjourn the matter to Monday 17th July 2006. 
 
 
DEFENCE LAWYERS THREATEN TO ABANDON CASE
By Surakata Danso
The most senior defence lawyer and two others have applied to be recused from the treason trial of Capt Bunja Darboe, Capt. Yaya Darboe, Capt. Wassa Camara, Lt. Pharing Sanyang, Tamsir Jasseh, Alieu Jobe, Omar Faal and Honourable Demba Dem.
The three lawyers are in the persons of Lamin Jorbateh, Lamin K. Mboge and Lamin Camara. They made this application to the court on the 4th of July 2006, following their failure to move their motion filed that same day, Tuesday 4th July 2006. When the case was called, Mr. Jorbateh who led the defence team informed the court that they have filed a motion on 4th July 2006 in order to move the motion before it.
The prosecution opposed the moving of the said motion in that, when the case was adjourned the last time, it was slated for mention and that to allow the moving of the motion would mean delaying the time of the court. The Acting DPP therefore urged the court to dismiss the motion as the defence had not relied on any points of law.
This was followed by the dismissal of the said motion by the court, following which counsel Jorbateh further applied to consult his clients. This was also objected to by the prosecution as being delaying tactic. The objection was upheld.
It was at this stage that counsel Jorbateh applied to the court for his representation to be recused from the case. When asked for his reasons, he replied that he could not continue with the case because the dismissal of the motion hampers his consultation with his clients, since they had come to court with the intention to move the said motion. He was instantly overruled by the court following which the first witness Captain Saikou Seckan was called and sworn in. However, the process was interrupted by the application of counsels Lamin Camara and Lamin K. Mboge, that following consultations with their clients, they would like to recuse themselves from the case. But the sitting Judge, Justice Agim, upheld the three applications of counsels Jorbateh, Camara and Mboge. However he told them that they may be allowed to recuse themselves following the acquisition of fresh lawyers by their clients. It was at this Juncture that the first prosecution witness began his evidence. 



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