Foroyaa Newspaper Burning Issues
Issue No. 009/2008, 21 – 22 January 2008
Editorial
IEC RESPONDS AND FOROYAA CLARIFIES AND RECOMMENDS
IEC’s Response
The Commission has read Foroyaa of 18th to 20th January 2008, ISSN:
0796-08573, on the above mentioned caption and wish to put the records straight.
The IEC over the years has been conducting elections within the dictates of
the electoral laws of the Gambia. It is quite evident that from the close of
nomination to Election Day is less than twenty days, therefore how can this
provision (section 51 subsection 1 of the Elections Decree) come into play as
far as the Local Government Elections are concerned?
Section 127 subsections (1) and (2) state that: (1) “where any issue arises
relating to electoral matters which is not addressed by this Decree or any
other law, the Commission shall resolve such issue in keeping with the
standards and rules of natural justice and fairness.”
(2) “A decision of the Commission with respect to an issue arising under
subsection (1) shall be final and shall not be called into question in any court
of law.”
Therefore, the answer posed by the editorial of Foroyaa is an emphatic yes
because the IEC took this decision in the interest of natural justice and
fairness.
Signed:
Alhaji Mustapha L. Carayol
Chairman
FOROYAA CLARIFIES AND RECOMMENDS
Foroyaa appreciates the prompt reply by the IEC to defend its integrity.
Section 127 of the Elections Decree provides the IEC with the legal text to
justify its action. Foroyaa did not want to assume that the IEC relied on such a
text to allow the APRC to replace its candidate outside the period stipulated
for withdrawal because of the fact that the IEC did not rely on the same
provision to allow the NRP to replace the candidate who became disqualified
after the nomination period. Where then lies the spirit of natural justice and
fairness. These two principles call for equity and not one sided application.
There is no law which says what should be done when a candidate of a party is
disqualified after nomination. Hence the IEC could have equally relied on
section 127 to allow the party to file another candidate to ensure that there is
multi party contest.
We would therefore like to observe that good laws should stipulate all that
is essential to ensure consistency and predictability in their
implementation, instead of leaving such decisions to be based on administrative discretion.
We therefore recommend the amendment of the Election Decree to bring it into
conformity with the Constitution and democratic norms. First and foremost,
no law can be valid which calls for action to be beyond the court to review.
This is clearly stipulated under section 5 of the Constitution which among
other things reads:
“A person who alleges that any Act of the National Assembly or anything done
under the authority of an Act of the National Assembly is inconsistent with;
or is in contravention of this Constitution, may bring an action in a court
of competent jurisdiction for a declaration to that effect.”
Hence if the application of section 127 of the Elections Decree is deemed to
be inconsistent and discriminatory the aggrieved parties can seek a
declaration to that effect from the courts.
Finally, we are of the view that the election law should be amended to
ensure that whenever a party candidate withdraws or is disqualified prior to the
seventh day before the holding of elections the party shall have the right to
effect a replacement. After this date, elections should take place anyway
and it will be left to the candidate to vacate his or her seat if elected and
cause a by-election to be held.
This will bar candidates from being induced or intimidated to withdraw at
the 11th hour.
Bajinka Detained At Maximum Wing
Access Denied
Reliable reports reaching Foroyaa have it that, Yahya Bajinka, a national
intelligence agent and a resident of Brikama, is currently detained at the
maximum security wing of the state central prison at Mile II. Bajinka, who was
arrested in April last year at Brikama and whisked away to Mile II by plain
cloth officers, was reportedly spotted at the state owned poly-clinic in Banjul
where he was apparently taken for medical attention under armed escort.
According to family sources, access to the detained NIA operative was
curtailed by the authorities since a day before Tabaski last year. They noted that
his detention incommunicado has caused psychological strain on them. They
expressed anxiety over the health condition of their loved one, while pointing
out that he has not been charged nor arraigned in any court of law, contrary
to the requirement of the law and constitution. They said that the authorities
are yet to reveal the reasons for his arrest and continued detention. The
NIA has, in a previous occasions, denied knowledge of the arrest of Bajinka.
Bakau Fishermen Complain Of Life Jackets
By Isatou Bittaye
The fishermen at Bakau seaside, in an interview with this reporter,
complained about the use of life jackets for fishing expedition.
Speaking to this reporter, Assan Jeng, a fisherman, said their main
constraint is the use of life jackets for fishing expedition. He said the Fire
Service Rescue-At-Sea team always forces them to put on life jackets before going
out at sea. He added that sometimes if they forget to put on their life
jackets the fire service rescue-at-sea team would detain them for hours at their
station. Jeng complained that they do not feel comfortable by putting on a life
jacket whilst working at sea. He said that the high cost of fuel also impact
on their business because they use thirty litres of fuel per expedition and
a litre cost D36.00; that they also stay for long hours in the sea to catch
fish and the sea waves also disturb them. He said that they sold their fish
caught at the seaside to the fish mongers (Bana Bana) at a price of D1,000, per
basket, for cat fish, and D2,000, per basket, for lady fish. He noted that
the price of fish depend on the availability of fish at sea; that if plenty of
fish is caught then they sell at a lesser price.
Another fisherman, Abu Janneh, explained that the sea waves disturb them at
sea and that if the weather becomes too cold their canoes use to capsize. He
said that their cold room and ice plant is in a poor condition with only one
engine, which cannot serve all the fisherfolks. He said sometimes if they
catch plenty of fish they don’t have people to buy all the fish and the
remaining will be thrown away as a result of lack of storage room. He however added
that although their business is faring smoothly with little profits it is the
cost of fuel that is very expensive. He explained that often four people do
embarked on an expedition and they sometimes go beyond Gambia to catch fish.
Abu said that the high cost of fuel also impacts on their business, noting
that they sometimes use thirty-forty litres of fuel on one expedition.
Modou Gaye, also a fisherman, said the big canoes and boats always cut their
nets at sea which is a real problem. He said the life jackets being forced
on them to put on before going out to sea is also a problem to them. Modou
explained that sometimes they don’t see enough fish mongers to buy their fish
and that they sometimes give them their fish on credit basis. He said the fuel
cost is also expensive and that they consume a lot of fuel for an expedition.
When contacted, the PRO at the Bakau Fire Station, Ms. Haddy Bah, said the
use of life jacket for fishing is a law. She added that the use of life jacket
is for the safety of the fisherman at sea; that the law was put in place as
a result of many fatal accidents that occur at sea; that the use of
lifejackets applies to everybody traveling in canoes or boats and not only fishermen.
The PRO concluded that the main reason behind the use of the life jacket at
sea is for the safety and protection of the people, especially fishermen.
Relatives of UDP Candidate Arrested
By Fabakay B. Ceesay
Information reaching Foroyaa has it that some relatives of the UDP candidate
for Karantaba Ward in Niani Constituency, CRR, were arrested by 8 armed
police intervention unit personnel on Tuesday ,15 January, in the village of
Karantaba Tabokoto.
According to family members, the arrested people include Dembo Touray, his
pregnant wife, Fatou Sisawo, her 14 year old son Ebrima Touray and Saikou
Touray, who is also the chairman of UDP in the area. They were said to have been
taken to Karantaba police station. They added that Dembo and Saikou were
later taken to Laminkoto PIU camp, while the others were later released without
charge or bail.
The police spokesperson, Inspector Sulayman Secka, confirmed the arrest and
subsequent release of the said people. He indicated that Dembo Touray is
already charged for selling fuel without proper authority. He denied having
Saikou Touray in their custody.
Family members, however, have denied the charge, which they said is
politically motivated. Mr. Dembo Touray is a step father to the UDP candidate, Mr.
Ebrima Touray.
Family members confirmed that the two have been released unconditionally.
As LG Elections Approach
IEC Legal Counsel Addresses Journalists, Political Parties and Security
Agents
By Amie Sanneh
As the Local Government Elections approach, the Independent Electoral
Commission (IEC) has held a day’s workshop for political parties, security agents
and the media. The program was held on Wednesday 16 January at the Palm Groove
Hotel in Banjul.
Addressing participants, a legal practitioner and IEC legal counsel, Amie
Joof Conteh, said the paramount law that governs elections besides the 1997
constitution is the 1996 Elections Decree Number 78. She added that the
Election Decree, in effect, is the Bible for the body constitutionally responsible
for elections and that is the Independent Electoral Commission. Commenting on
the Media and Election, Lawyer Joof-Conteh said election reporting, like any
other reporting, requires responsible journalism.
She stressed the need for journalists to be independent, ensure fair play,
exhibit decency and provide accurate reporting. These, she noted, are some of
the requisite journalistic ethics that journalists must possess and
demonstrate in reporting especially election reporting.
Impartiality, she added, must lie in the hearts of all types of reporting. “
Impartiality requires media practitioners to be fair and open- minded when
examining the evidence and weighing all the material facts, as well as being
objective and even- handed in their approach to a subject,” she said. Lawyer
Joof-Conteh explained that in The Gambia, as in other countries, controversial
subjects such as elections or highly contentious new legislations are issues
of significance for the whole country.
The IEC legal counsel added that responsibilities that are imposed on media
practitioners come with legal implications on reporting, contrary to the
given set of duties and responsibilities.
On the security agents, Lawyer Joof-Conteh said they do not have a specific
role during elections. “They have the fundamental duty to enforce law and
order and to protect people and their property during elections; security agents
are not to intimidate voters, they are not to influence voters and they are
not to interfere with voters,” she noted. Lawyer Joof-Conteh finally called
on the media practitioners, political parties and the security agents to
support IEC in order to conduct a peaceful, free, fair and impartial election.
Modou L Sonko’s Trial Suffers Setback
By Bubacarr K. Sowe
The theft trial involving Modou Lamin Sonko, proprietor of Boto Construction
Company, did not proceed on Friday due to the fact that the principal
prosecution witness was not in court.
The acting Director of Public Prosecutions, Emmanuel Fagbenle, told the
Banjul Magistrates Court that his witness was attending the celebration of
President Jammeh’s HIV/AIDS treatment.
Mr. Fagbenle said his witness is not the only person who wants to attend the
president’s celebration, but he himself also wants to be there. He said, “
It is a national and African thing. A world wide thing.”
Antouman Gaye, counsel for Mr. Sonko, did not object to Mr. Fagbenle’s
application for an adjournment.
Magistrate B.Y Camara granted the application and adjourned the trial to
January 29.
Sonko is charged with stealing the sum of D1, 593, 307; between 2001 and
June 2007, being proceeds realised from leasing construction equipment to
Kharafi and Sons, but failing to render the same to the owner.
The second count states that, Mr. Sonko, within the same period stole an
amount of US$121, 665.35, also being proceeds realised from the leasing of
construction equipment to Kharafi and Sons, but failing to render the same to the
owner.
MARRIAGE AND FAMILY
Divorce or Destruction
With Amie Sillah
Part 1
Mama Alice married Uncle Benjamin as a teenager at 17 when Uncle Benjie was
30 years. He was a batterer. He beat her at the slightest provocation. Uncle
Benjie made Aunty Alice lose three pregnancies in a row. She nearly lost her
life in the third abortion. Granny Mamma is a patriarchal gate keeper. She
impressed on Aunty Alice to bear her husband’s excesses in order to enable her
children to be blessed. Her brother Joseph wanted the marriage annulled.
Granny Mama would not hear of it. She bore the fire. The flames are off. Now the
children have grown up. Reuben is a doctor. He has his private clinic. Anita
is a graduate midwife nurse. Emma, the chat (last born) is at his final level
at the university as a civil engineer undergraduate. Mama Alice is also a
nursing officer working in the general hospital. Uncle Benjie is a retired
senior servant. He is a plumber by profession. The children are all blessed. But
no! Aunty Alice would not let go. It is payback time. She hated her husband
with a passion. She vowed to revenge. What was the result? Read to find out.
Anita Is Admitted
Anita lost her husband recently. Her baby is admitted at the hospital. Ani’s
situation is pathetic. Nobody comes to visit her at the hospital. Her baby
Sosef is very sick. There is no improvement in his condition.
Ani Tells Her Story
Binta sat next to Anita. Her baby Isha is also admitted but she is getting
better unlike baby Sosef. “Where is your family?” I see nobody come to you,”
Binta asked. Ani shook her head and sobbed. “I have no family.” She answered
coldly. “What do you mean you have no family? Where is your own family, or
your husband’s?” “My husband died a year ago. His family rejected me. They
say I am from a cursed family. You cannot imagine what my eyes have seen. My
mum was the root cause of our family problems.”
The Story Unfolds
“We are a middle class family. Mum is a senior nursing officer. Dad is a
retired civil servant. I am a graduate nurse/midwife. Our eldest brother Reuben
is a medical doctor. He owns his private clinic. Our last born (chat)
Emmanuel is a civil engineer undergraduate. Our family owns three vehicles – a
Honda bonnet for mum, an R21 for dad and a jeep for Dr Reuben. We have everything
we need. We live in a storey building but we know no peace. Our home was
made a war zone by mum. My mom hates my dad with a passion. She ignores him all
the time. She has no respect for dad.
Dodou Comes In With Dad
Dodou is our family driver. He drove in dad and entered the sitting room.
Dad asked him to carry his suit case upstairs as he sat on the settee. Dodou
greeted mum but she ignored him. Dad commented. “Dodou is greeting you. Are you
not going to answer him?” “Yes! Is it a problem?”
“Your nasty attitude is choking our family.” Mum hissed and went upstairs.
Ani Greets Dad
I came down and greeted my dad. I asked about his brothers, my uncles. “They
are fine. Uncle Ben is very sick. He has diabetes. His limb is amputated.” “
What? Oh! I am sorry dad. Uncle Ben is the best of your brothers. He is a
true Christian. He practices what he preaches. Let the good lord be with him
and gives him all the courage to live his life positively. I’ll find time to
visit him in the village.” “Thanks for your concern. I am finished.” “Okay
dad, I’ll go and prepare you some food,” I said. Mom was heard grumbling. She
grumbled at everything done and undone by dad.
Reuben Asks About Our Uncles
Reuben came in. He enquired about our uncles. “They all send their
greetings. Their complaint is you never visit them. You are glued to your work and the
city.” Dad reported. “But, dad! That’s an unfair comment. I am a doctor. I
have no time. No holidays, no rest!” “I’ve got you.” Dad challenged. “Hire
another doctor. You are a specialist. You need a physician who will assist
you in minor cases. Get married and build a family. Death can come at anytime.
You need an issue. You need love. With assistance, you’ll find time for your
social responsibility. You need your family. Don’t alienate them,” dad
advised Reuben. “You won dad. I’ll think about it,” Reuben said.
Mum Disrupts Discussion
Mom came down and rudely addressed Reuben. She asked him to come up to her
for a better discussion. Reuben ignored her. She insisted. “Mum! Please be
reasonable. Wait until I am done with dad. Don’t you see we are in a discussion?”
Reuben protested. Mum insisted that he comes up to her room for a better
discussion.
Reuben With Mom
Reuben went up to answer mum. He protested. “Mum! This is undone. I was
discussing with dad. I was not yet done. Why do you always act impossible? You
are not fair to us. I am not a kid. You have to learn to respect me. I am a
specialist doctor for God’s sake.” “On a more serious note. When are you going
to officially bring home your fiancée? I want to meet her as a future
daughter-in-law. You love her? Don’t you?” Reuben smiled “I do mum. I do. She is a
barrister. She is cute and great.” Mum gave Reuben a peck. “Mum! That’s your
style. I agree,” Reuben said.
Dad And ‘Chat’ (Last Born)
Dad discussed with Manu. He taught him about life. He asked him to be
discipline and prayerful. “Our home is noisy all the time. Our relatives from the
village and neighbouring state are all the time visiting us. Also your mom’s
tantrums blaming me for all the ills in her life does not make the home
environment conducive for your studies. Stay at campus and study. Phone us if your
need something. I can bring it for you. I am mobile and free all the time as
a pensioner. I am at your service.” Mom entered and scolded Manu. She
disrupted their discussion. “Why are you still here and not at school? Are you mad?”
“Mom! Didn’t you see me discussing with dad?” “What stupid discussion? Can
it not wait? Go to school before you are late. Am I understood? Manu
continued talking to his father. Mum continued shouting at him, causing a lot of
noise. Dad decided to relief him. “You can leave now but remember our
discussion. It will do you a lot of good. You are a promising young lad. I have faith
in you if you continue taking good advice and being prayerful. Good bye and
good luck.” Manu left.
To be contd.
In Sheriff Minteh’s Murder Trial
Defence Now Served with Summary of Evidence
By Saikou Ceesay
In the trial of Dodou Janneh, alias Dudu Boy, for the murder of Sheriff
Minteh, the prosecutor in the trial has served the defence with the summary of
evidence and list of witnesses. Two more witnesses, who are now outside the
jurisdiction, are expected to testify in the trial. The trial is expected to
resume on Wednesday 23 January to enable these witnesses testify.
The accused is a police officer who is purported to have stabbed Sheriff
Minteh to death when he chased and captured him while on a night patrol on 9 May
2007 at London Corner. He is currently remanded in custody.
NRP Studying Rejected Candidate’s Case
By Bubacarr K. Sowe
The National Reconciliation Party (NRP) is currently studying the case of
its rejected candidate at Njau Ward, said Hamat Bah, the party’s leader. The
candidature of Ousman P. Jobe was annulled by the Independent Electoral
Commission (IEC) in a press release issued some days ago.The IEC said that Mr. Jobe
was convicted in 2000, and the Local Government Act states that a candidate
cannot contest an election in less than ten years after completing serving his
or her term of imprisonment.
In an interview with Foroyaa, Mr. Bah said they are gathering information on
the rejection of their Njau candidate and would soon issue a statement on
the matter.
Samba Faal Talks
By Gibairu Janneh
The candidate of the APRC for the seat of the mayor of Banjul City Council
in the forthcoming local government elections, Mr. Samba Faal, in an exclusive
interview with this paper, said he has been motivated to re-contest in the
coming elections by the popular demand of the people. He said the people have
seen what he had achieved when he was the mayor and they want that to
continue so that he can expand upon those achievements.
“When I was a mayor, we had a project called ‘Suhali Banjul’ and this
project encompasses infrastructural development, environmental sanitation,
empowerment of women and creation of job opportunities for the youths. We have
registered great successes in all these aspects of the project. In fact this is
why, during my tenure, Banjul was ranked the cleanest city in the sub region,’’
said Samba Faal .
He also added that when he is reelected into office, which he said he is
confident of, he will continue his achievements and work on a master plan that
will improve the conditions of schools, market, roads and the drains. He said
he will also explore avenues that will create employment for the youths,
ensure social harmony and improve the living standard of the Banjulians. He
called on the Banjulians to vote wisely come January 24.
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