Issue No. 56/2005, 18-20 July, 2005
Editorial
Allegations Against IEC
In the hastily prepared press release from State House announcing removing the IEC Chairman and two other commissioners from office, a number of allegations have been made. The press release noted that the President relied on section 42(6)(a) to remove Mr. Gabriel Roberts, Chairman and Messrs James Abraham and Momodou Njie, members from office.
According to section 42(6)(a) “for inability to perform the functions of his or her office whether arising from infirmity of mind or body or from any other cause;”
The key word here is inability. However, the long list of allegations suggests misconduct and not inability. The allegations can be summed up as follows:-
(1) Since 1996 IEC failed to enforce the provisions of the Elections Decree thereby allowing the UDP to engage “in campaign of violence and intimidation against APRC militants which led to the killing of an APRC supporter in Basse.”
(2) Failure to prevent violence by the opposition during the 1996 and 2001 elections and allowing the opposition militants to harass the ruling party militants.
(3) The IEC failed to uphold the electoral code during the 2001 presidential elections when they accepted yellow ballot tokens from Britain which was the colour of the opposition UDP.
(4) The IEC failed to enforce constitutional provision preventing any member of the National Assembly from becoming a member of two political parties.
(5) Using dark rooms as polling booths during the presidential elections of 1996 and 2001 which it considered as a malpractice.
(6) Siding with the opposition in court
(7) Failure of the IEC to conduct a by-election when four seats of opposition members were declared vacant while it conducts by-election when an APRC seat was declared vacant.
What the President should realise is that an independent institution should remain independent and not be dictated or influenced by any other force or authority. This is why section 43(3) of the constitution states: “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.”
Decisions taken by the independent institutions may sometimes hurt the government of the day. It may even be a wrong decision from the point of view of the government but any draconian measure would tantamount to imposing on the independence of the institution. In a country like Ghana, for example, the Chairman of the electoral commission is appointed for life and cannot be removed from office by the president.
It is good for a president to have a broad horizon and look towards a progressive future.
PRICE OF FUEL UP
The price of fuel has gone up gain. A press release issued by the Department of State for Finance and Econmic Affairs indicated the following price increases:
(i) The pump price of diesel has been increased from D21.50 to D25.00 per litre
(ii) The pump price of petrol has increased from D22.00 to D27.00 per litre.
The new prices represent an increase of 16.3% and 22.77% respectively.
The release goes on to note that the decision is necessitated by an increase in the world market price of oil. It also indicated that consideration was given to the burden imposed on the budget by the subsidy on oil prices. The release concluded by saying that the impact on the welfare of the people is realised but that the new prices are the lowest possible prices.
Fuel is the life blood of the economy. Petrol and Gas oil are mostly used by transports. Thus an increase in the price of fuel can impact on the prices of goods and services including fares. We shall study the impact in the coming days.
The question is, has the government examined other options other than the increase in the price of fuel.
PENSIONER’S CASE ADJOURNED
By Bubacarr K. Sowe
The Civil Suit involving Almamy Ceesay (a retired Civil Servant) and the State was on Thursday adjourned by Justice Izuako of the Banjul High Court.
Almamy Ceesay of Sankandi village worked at Bansang Hospital between 1963 and 1998. Mr. Ceesay decided to institute legal action against the defendant after the latter allegedly failed to pay him his pension dues. Mr. Ceesay who retired from work in 1998, is yet to receive the fruit of his labour.
Mr. Ceesay started working as a hospital guard in 1963 at Bansang Hospital. His devotion and dedication to duty enabled him to rise to the rank of Chief Orderly at the hospital, making him in charge of waste disposal.
Almamy claims he was forced to retire two years before he was due for retirement. However, Almamy was given part payment by the Accountant General which he queried was small. He pursued his claim administratively but without success. He then took the matter to the Ombudsman.
Finally, he decided to take the matter to court to seek redress. The case has been adjourned till 21st July 2005.
LEGAL AID FOR THE VULNERABLE
Human Rights Lawyer, Emmanuel Joof who spoke at the launching of the Foundation for Legal Aid, Research and Empowerment, on Friday 8th July 2005 indicated that the aforesaid Foundation is to promote a culture of the rule of law and the dissemination of knowledge amongst the general public, of the operative nature of the laws of the Gambia. The human rights lawyer said this would be done through legal education, mainly by the use of the mass media, i.e., Radio, Television and the Print media. The creation of a quarterly law journal as well as making legal aid services to be easily accessible and affordable to the most vulnerable groups of our society who may not be able to afford the services of the legal system due to lack of resources.
Mr. Joof further indicated that very soon, legal aid clinics will be established in both the rural and urban areas for those vulnerable groups who are aggrieved but cannot afford to pay the services of lawyers; noting it is envisaged that the foundation will be able to receive funding in order to pay the legal fees to the pool of lawyers who will be willing and ready to represent aggrieved clients once they pass the necessary means and merit test which will be established in the form of a guideline by the foundation. He said lawyers willing to take probono cases will be encouraged.
Mr. Joof further indicated that a foundation of such nature was long overdue. He reminded the gathering of the activities of the defunct African Society of International and Comparative Law Studies in collaboration with the ActionAid, during which period, weekly legal clinics were held in the KMC and the Upper River Division town of Basse. He contended that during the 24 months legal education, programmes were also conducted on both the radio and television on different legal topics such as labour laws, immigration laws, land matters, fundamental human rights, police powers etc etc; that during the period there was also a sensitisation campaign on the constitutional rights and duties of the citizens, in which most lawyers proudly felt honoured to participate in all parts of society. This programme, Mr. Joof said was able to benefit a large number of both the needy in both rural and urban areas either directly of indirectly. He asserted that the responsibility therefore to impart
the awareness of law and related activities as in the objectives of this Foundation, becomes the duty of a lawyer.
Mr. Joof further opined that the Foundation will also conduct training, organise lectures, symposia, workshops and seminars for capacity building, and more importantly the Foundation will lobby the reform of outdated laws and policies that discriminates against the poor and vulnerable.
ABDOULIE KUJABI & OTHERS GET REPRIEVE
President Yaya Jammeh’s resolve to implement the findings of the Anti Corruption Commission that was presided over by Justice Paul is facing bottlenecks following Justice Izuako’s decision to restrain the state from seizing the assets of the indicted officers pending the determination of the suits filed by the plaintiffs at the Court of Appeal. Abdoulie Kujabi and the former Inspector General of Police Ebou Njie were present at Thursdays hearing of the matter.
Readers could recall that Justice Tahirr had earlier granted an application for an interim injunction to the SoS for Agriculture Yankuba Touray, former Inspector General of Police Ebou Njie, former Director of Immigration Tamsir Jasseh, former Director of the National Intelligence Agency Abdoulie Kujabi, former Protocol Officer James Kujabi, Mayor of KMC Abdoulie Conteh and other indicted officers. Eighteen of the indicted officers were granted interim injunction by Justice Tahirr.
Following the granting of the interim injunction by the court, a local newspaper report did indicate that the state was irked by the decision of the indicted officers to challenge the findings of the commission in court and subsequently directed its security agents to arrest the indicted officers and urged them to come up with payment plans.
Abdul Fatah Othman who is also indicted by the Paul’s commission, decided to apply for an interim injunction pending the outcome of the substantive suit he filed in court challenging the findings of the anti corruption commission.
Allegations emerged on Thursday during the hearing of Abdul Fatah Othman’s application for an interim injunction. It was alleged that the state is bent on seizing the properties of indicted officers. However, Emmanuel Fagbenle who represented the state at the hearing informed the honourable court that he is not aware of any seizure of properties by the state and promised to make necessary inquiries. Justice Izuako urged all the indicted officers to desist from disposing of any property which form the subject matter or may form subject matter of the adverse recommendations of the anti corruption commission. Justice Izuako also urged the state to desist from seizing the properties or monies of the indicted officers whose cases are already in court waiting for determination.
VEHICLE MADE OUT OF WOOD AND WRECKAGE
By Samba Sanyang
Reported by Sana Saidykhan
Samba Sanyang, 22, and a native of Manjai Kunda has made a car out of the remains of old machines from the Bakoteh Dumpsite and plywood. In an exclusive interview with FOROYAA, he explained how he made the car and seeks help from anyone who can assist him pursue further studies. Here is the interview:
Q: What are your names?
A: I am called Samba Sanyang
Q: When did you start making this car?
A: I started this in early 2004 and completed it eight months later.
Q: Who trained you to make this?
A: No one trained me. Since my childhood, I have always enjoyed making toy vehicles. I used to fix batteries in them for them to work.
Q: Who asked you to make this one?
A: No one I just dreamt of making it. Then I started scavenging at the dumpsite to get some of the parts that would be useful.
Q: Is it that you got all the parts from dumpsite?
A: I indeed got almost everything from the dumpsite except the plywood. For the body of the car, glue, metal frame, bulbs, paints and tyres I picked them from the dump site.
Q: How much did you spend on this?
A: I spent about 4-5 thousand dalasis.
Q: Where did you get that money?
A: I work as a labourer for masons and some times I do electric works.
Q: Are you an electrician?
A: I try that also.
Q: How did you get the know how to fix all this and make it work? Are you an auto mechanic?
A: I was a mechanic for only a year. The knowledge I got there is not enough for me to make this because then I was very young. This I told you is a natural gift.
Q: Have you been to school?
A: Yes, to a French school in Senegal but I am a drop out because of poverty.
Q: How did you start making the vehicle?
A: I started work with the front face. I took plywood. I nailed some areas and glued some parts to have the front of the car. From there I made the whole body out of plywood through gluing and nailing. Also, I welded some parts like iron frame for stronger support.
Q: After making the body what did you do?
A: Then I took a part from an old torch that I picked from the dumpsite to make the light (signals and head lights).
Q: How did you make the lights?
A: You see, where the bulb is fixed on the torch light, that metallic part is what I cut from four torch lights, to have four front head lights.
Q: How can empty bulbs without power give light?
A: No, these get power supply from the motor battery that is fixed inside.
Q: After the lights what did you make?
A: I later made an automatic bonnet.
Q: How did you make the automatic bonnet?
A: I picked an old wind screen wiper machine that automatically pulls and pushes the bonnet. Then after the bonnet I fixed seats that are also automatic.
Q: What do you mean by automatic seats?
A: These seat have the characteristic to turn on the vehicle without the key when one sits on it. And if you get out of the vehicle, the engine will be on for five minutes, provided it is set automatically.
Q: Do you mean the vehicle’s engine starts only if you sit on seat?
A: No, you can also use the key, if you set it manually.
Q: How did you make this timing?
A: I picked a part from a computer. It is an old computer part but I don’t know the name. This is what I used to make the timing.
Q: How can it stop at exactly five minutes after someone leaving the seat?
A: That is what I said. I got this from an old computer.
Q: How can it do that?
A: I cannot explain, but I fix that with some wires and that’s it.
Q: Was it that you applied magic to fix the timing?
A: No (laughs). It was all through knowledge.
Q: You said this seat has characteristics. How about the other?
A: You can set the seats on automatic so that whenever someone enters the car it will alarm and the lights will also be signalling, to call the attention of the owner.
Q: How did you make that?
A: Also from an old computer part.
Q: Then you must know the computer very well?
A: I don’t know anything about computers.
Q: How were you able to know that this old computer parts are useful for this purpose?
A: I discovered it through trial and error and the use of a tester machine.
Q: How many seats did you make?
A: I made two seats but only one is automatic.
Q: How many people can the vehicle carry?
A: It can carry two people only.
Q: What next after the seats?
A: I then made the gears. I picked an old starter of a vehicle from the dumpsite that I used to put the vehicle on. These gears can be changed up to four.
Q: How did you make the gear?
A: I got this part from a motor bike.
Q: What is the speed of the vehicle?
A: It travels at 95 km per hour.
Q: How did you know it travels at 95km per hour. Have you ever tried this?
A: No, I calculated this.
Q: Have you ever driven the vehicle outside?
A: Of course but not for a far distance.
Q: Why?
A: I used an old motor bike engine. The body of the vehicle is heavier than the engine. That is the problem.
Q: What did you make after that?
A: I fixed a tape and speaker and also a battery that gives electric power to all the other parts. After that I fixed all the tyres.
Q: How did you make the tyres?
A: These are old wheel barrow tyres. These are mobile both forward and reverse and they are also directly connected to the steering wheel.
Q: Did you make a steering wheel?
A: Indeed, but different from the ones in vehicles, because it cannot fully turn around. This steering can electrically shock when it is automatically set.
Q: How did you make that?
A: I fixed a wire from the battery through a transformer to the wheel that makes it to shock people. Also on the steering wheel you have horns, signal lights, etc.
Q: Does it have brake?
A: It of course has a brake but a manual cable brake different from those in vehicles. It has an accelerator that is similar to vehicles.
Q: What is absent in you car that you have in other vehicles.
A: There is no door and cover on top, but there are vehicles with top cover.
Q: What about a fan that blows the engine to cool it down.
A: No, this is an old motor bike engine. Motor bike engines do not have fans.
Q: Can you make anything different from this?
A: Yes, I can make wind powered water pumps.
Q: What constraints, if any, do you have?
A: I have lots of problems that is why I decide to come on the media to seek help from those who can help me to develop my potentials. I am appealing for assistance. Who ever wants to help me can contact: Samba Sanyang on 7794565, Manjai Kunda, or Foroyaa Newspaper on 4393177.
At the National Assembly
NAMs Scrutinizing the Executive
Department of State for the Interior
During the question and answer session at the National Assembly, the member for Sami Hon. Idrissa Samba Sallah raised the following question: Mr. Speaker, could the Secretary of State for the Interior explain to this august Assembly what category of people are entitled to an alien card, the ECOWAS visitors temporary card and laissez passer? How much is levied on each card? In his response, SoS Baboucarr Jatta indicated that the Alien ID Card is issued to all categories of Aliens resident in the Gambia. He said minors are however exempted. SoS Jatta went further to indicate that the Alien’s ID card is issued to two categories of Aliens, ECOWAS and non ECOWAS citizens and the fee levied on each category is as follows:-
a) ECOWAS citizen D1,000
b) Non-ECOWAS citizen D1,500
SoS Baboucarr Jatta said that the ECOWAS Temporary Visitors’ card is issued to ECOWAS nationals visiting the Gambia on a temporary basis. He pointed out that it is issued at the point of entry free of charge and the maximum period of time allowed is 30 days subject to regularization. He said the reason for this card is to differentiate between the visitors alien from the resident aliens in terms of alien ID card payment. As for the laissez passer, he said, it is issued to Gambians intending to travel to other ECOWAS states urgently but are not in possession of a standard passport. He said it is issued free of charge. In a supplementary question, the member for Sami pointed out that the lasser passer is not issued free of charge but instead, people are asked to pay D50 without any official receipts. In response, SoS Jatta said such people should be reported to the authorities so that action could be taken against them. On his part, the member for Basse Hon. Momodou Sellu Bah
indicated that he has been reporting such people but nothing came out of it. In response, SoS Jatta said that there is a new person in the office and once such matters are reported, action would be taken.
On his part, the member for Banjul Central Hon. JTK Green Harris raised the following question:- Mr. Speaker, could the Secretary of State for the Interior inform this Assembly on the following:- a) the total number of road accidents annually from January, 1995 to December 2004 with breakdowns as follows:
i) total number of accidents per annum
ii) total number of fatalities
iii) total number of injuries per annum
In response, SoS Baboucarr Jatta gave a breakdown of the total number of road accidents for the period January 1995 to December 2004. The information requested thereof is summarised as follows:
Year No. of Accident Reported Fatal Injuries
1995 963 56 629
1996 1,048 63 721
1997 886 70 496
1998 758 70 630
1999 892 68 571
2000 1,102 84 689
2201 837 63 545
2002 799 66 490
2003 972 80 559
2004 870 56 844
Total 9,127 676 6,174
Hon. Green Harris further asked the Secretary of State for the Interior to tell the National Assembly the total annual prosecuted cases for the same period. He asked the Secretary of State to throw light on the following issues:
i) total number for a year
ii) total number of convictions
iii) total number discharged
iv) total number pending
In response, SoS Jatta gave a breakdown of the total number of prosecuted cases for the period January 1995 to December 2004. The answer is summarised as follows:-
Year No. of case Convictions Discharged Pending
1995 963 770 193 Nil
1996 1,048 952 96 Nil
1997 886 850 36 Nil
1998 758 730 28 Nil
1999 892 847 45 Nil
2000 1,102 1,071 29 2
2001 837 784 53 Nil
2002 799 753 39 7
2003 972 922 30 20
2004 870 824 26 20
Total 9,127 8,503 575 49
Hon. Green Harris went on to raise the following question:- Mr. Speaker, in issuing licenses for commercial (passenger) vehicles, what is the yardstick for determining the maximum number of passengers to be carried? In response, SoS Jatta said for brand new vehicles, the license depends on the number of seats the manufacturer has already fitted. For used vans commonly called “gele geles” whose seats are fitted locally SoS Jatta said, the license is issued upon inspection to determine the maximum number of passengers that can be comfortably carried.
FATAL ACCIDENT KILLS DOCK WORKER
By Tombong Jadama
Calamity descended on the Banjul Ports on Friday. A dockworker, Alasana Camara, met an untimely death on Friday whilst working on board a vessel called MV Saf Marie Concord. Reports have it that the deceased fell down from a container breaking his head and waist.
Gang 3 members whom he was working with, said the deceased was working inside a hull on board the vessel. They pointed out that the said hull had more than six containers at the time. They noted that they unloaded most of the containers in the hull, and were left with about three containers when Alasana fell down from one of the containers and died. The dockworkers pointed out that the dead body of the deceased was inside for several hours because they had difficulty accessing it.
The dockworkers stated that the corpse was later taken to the Royal Victoria Teaching Hospital on board an ambulance. The Secretary General of the Dock and Maritime Workers Union, Lamin Sanyang, pointed out that most of the accidents involving dock workers often happen at night.
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