Foroyaa Newspaper Burning Issue
Issue No. 62/2007, 30 – 31 May 2007
Editorial
CENTRALISATION OF POWER HAS INCREASED!
The appointment and removal of chiefs continue unabated. Now it is the turn
of Jarra Central and Jarra East. The reason given is retirement. Whether the
reason is true or not, one thing is clear – their replacement was by
appointment, not by the will of the people.
When the 1997 Constitution was born, it was felt by many that a new era of
decentralization and empowerment of the people would soon unfold.
For the first time in the history of The Gambia, there was universal
suffrage for the election of chiefs. However, the provision for the election of
Chiefs was repealed in 2001.
Indeed the power to appoint and dismiss Chiefs initially by the Governor is
a colonial legacy. It has nothing to do with tradition. The Provinces Act
1935, an undemocratic colonial law is what the President relies on to appoint
and dismiss chiefs.
At the helm was the Governor who appointed commissioners. According to
Section 4 of the Act “A Commissioner shall have the superintendence of all
Districts within his Division; and Head Chiefs, Sub-Chiefs, and Headmen shall be
guided by any advice, and shall obey all orders given by the Commissioner for
the order and general management of a District, or for carrying into effect any
law or Act made applicable to the Provinces.”
According to section 7 subsection (1) paragraphs (a) and (b) “The
Governor-General (President) may from time to time –
(a) by proclamation, approve the appointment
of a Head Chief….
(b) By proclamation, remove from office any
such Head Chief…”
Hence if President Jammeh is really interested in eradicating the remnants
of colonialism, he should uproot this colonial legacy and further the cause of
decentralization and empowerment of the people. The existing system is a
system of executive control and disempowerment of the people.
ACQUIT AND DISCHARGE FATTY
Lawyer Tells Court
Lamin S. Camara, the defence counsel in the protracted trial of Lamin Fatty,
while urging the court to acquit and discharge the accused (Lamin Fatty),
submitted that the prosecution had failed woefully and miserably to prove their
case. Mr Camara made these remarks while addressing the court on behalf of
his client on Tuesday 29 May 2007. Lamin Fatty, who is charged with false
publication contrary to section 181A of the Criminal Code as amended, is a
reporter of The Independent. The case of the prosecution is that Lamin Fatty
published a report in the Independent newspaper stating that former Secretary of
State, Samba Bah, was arrested soon after the alleged foiled coup of March 21,
2006.
In his marathon address, Mr Camara went into length to show that Lamin Fatty
did not publish the article, noting that he was a reporter while The
Independent Media Company was the publisher. He cited the dictionary meaning of “
publish”, “publisher”, “reporter” and “newspaper” to support his argument. He
submitted that reference by the prosecution to section 23 of the Criminal
Code that Lamin Fatty is a party to the crime is not applicable because Lamin
Fatty did not commit a crime.
Mr Camara further submitted that Lamin Fatty did not have the necessary mens
rea to make him culpable of the charge.
He indicated that, while not admitting that Lamin Fatty published the
report, there is reason to believe that the former secretary of state was arrested,
since one of the prosecution witnesses acknowledged in his testimony that a
Samba Bah was arrested.
Camara submitted that the charge is defective, noting that the charge refers
to Lamin Fatty while the purported author of the article in question is said
to be Lamin M. Fatty. Citing an authority, he submitted that an appeal based
on a defective charge will succeed. He also pointed out that the charge
sheet has not mentioned Samba Bah (a former secretary of state) against whom a
false publication is attributed. Camara noted that the testimony of Samba Bah,
who was a prosecution witness in the case was inconsistent.
He further submitted that Samba Bah did not mention Lamin Fatty’s name in
his statement. He noted that Samba Bah, in his testimony, did not report any
false publication to the police but was called by the police to make a
statement.
After the address of Mr Camara the prosecution stood up to again call for
the conviction of Lamin Fatty. The penalty for the offence is given by the
Criminal Code (Amendment) Act, 2005 (Act No. 3 of 2005) – a fine of between D50,
000 to D250, 000 or a minimum of one year imprisonment or both.
SHERIFF MINTEH’S MURDER TRIAL
State To Provide Counsel For The Accused
By Yaya Bajo
The trial of the suspect linked to Sheriff Minteh’s death was on Monday 28
May, 2007 presided over by Magistrate Amina Saho-Ceesay of the Bundung
Magistrates’ Court.
When the case was called, Prosecutor Kinteh mentioned his appearance for the
state, while the accused person, Dodou Janneh (alies Dodou Boy) had no
counsel to represent him. At this point, Magistrate Saho-Ceesay adjourned the
matter to 19 June, 2007 to allow time for the state to provide counsel for the
accused person.
Dodou Janneh or “Dodou Boy” is standing trial for committing murder
contrary to section 187 of the Criminal Code, Cap 10, Volume III of the Laws of The
Gambia, 1990. The courtroom was jam-packed with the deceased’s relatives,
well wishers, friends and other curious on-lookers.
CIVIL SOCIETY TO PRESENT RECOMMENDATIONS TO
NATIONAL ASSEMBLY TODAY
By Bubacarr K. Sowe
The recommendations that emerged from a recent civil society consultative
meeting on the Economic Partnership Agreements (EPAs) of the European Union
(EU) and the African, Carribean and Pacific (ACP) countries will, today, be
tabled before the National Assembly.
Alagie Kebbeh, Director of the National Youth Association for Food Security
(NAYAFS) which organised the consultative meeting last week, told Foroyaa
that they will submit the document to the National Assembly Speaker on the
position of Civil Society Organisations on international trade issues.
Mr. Kebbeh also said the recommendations will guide the National Assembly
Members on trade matters in their work as parliamentarians.
The civil society organisation has continuously been campaigning against the
signing of the EPAs, in their current form. Anti-EPAs campaigners have the
belief that the coming into force of the EPAs will have adverse effects on the
economies of the ACP countries. They are also arguing that the agreement is
anti-development; that it will increase unemployment, damage local
industries, especially the agric-sector and poverty will increase to higher levels.
MORE CASAMANCE REFUGEES FLEE INTO FONI
By Fabakary B. Ceesay
As fighting intensified in the Senegalese region of Casamance, many people
are fleeing from the area into The Gambia.
According to Dawda Badjie and Nfamara Jarju, both from Casamance, there was
a surprise attack from the faction of Salif Sarjo’s MFDC, against what they
described as a government backed armed faction. They claimed that Salif Sarjo’
s troops pinned down the other armed faction less than a kilometre from The
Gambian border.
According to them, the majority of the refugees were living in the border
villages but had to move into the interior of The Gambia because they felt
insecure; that many of them are scattered in the Fonis. They said that a good
number of them headed for Jilemer and Oupat in Foni Bintang, and Jalokoto and
Somita in Foni Brefet. This reporter has visited these refugees in Jalokoto and
Somita. He was told that some of them have risked their lives to sneak back
to Casamance to collect their livestock and foodstuff. The fleeing Gambians
are from the border villages of Gikes, Bugofinge and Janaquel in Foni Bintang.
Many people in the area are experiencing sleepless nights from the sound of
heavy arms being fired across the border, which they say shake their houses.
The Casamance refugees are from Nyambolong, Gunia, Majaytam and Kabunkut, all
of which are border villages.
FREEDOM CONCERT HELD FOR JAILED JOURNALIST
By Fabakary B. Ceesay
It seems that not many people know about the African American Journalists,
Mumia Abu Jamal. Mr Jamal has been incarcerated at the Philadelphia central
prison on death row for almost twenty six (26) years. He was accused of killing
a white police officer in a shoot out in 1981. Mr. Jamal also sustained
serious injuries from gun shot wounds and spent months in hospital. He has always
denied shooting the police officer.
On Thursday 17 May, as a demonstration of support, an association of Gambian
musicians, held a freedom concert to show their solidarity to Mr. Jamal on
the day that his final appeal against the verdict will be heard by the court.
According to the organizers of the show, the Gam musicians Association, the
event is being timed to coincide with the day when a Philadelphia court will
commence the hearing of the appeal whether to send Mr. Jamal to the gallows,
gas chamber, lethal injection or to electrocute him to death.It was also
disclosed that Mr. Jamal was first convicted by the Philadelphia court presided by
a judge and a fourteen (14) member panel of juries.
At the concert, which was held at the Alliance Franco-Gambienne, a
documentary on Mr. Jamal was viewed by the participants in which many witnesses
appeared and gave new evidence about the shooting incident. It is reported that
many people are seeing Mr. Jamal’s case as another clampdown on African-American
by racist elements in the Philadelphia police force.
Mr. Jamal was a journalist working with the vocal black radio station known
for its stance against police brutality meted to African-Americans. Mr. Jamal’
s conviction was also seen by many as a manipulation by the Philadelphia
senate, when the fourteen member jury consisting seven blacks was reduced to
three. He was 27 years when he was jailed and is now 53.
The theme of the concert was, ’Free Mumia Abu Jamal! Free political
prisoners! Abolish death penalty! Africans have a word to say!’ The participating
musicians were Jollof man, Holy family, Heart Breaker, Solomelo, Black Mozes and
others.
YOUTH PARLIAMENTARIAN PRESENTS REPORT ON ROAD SAFETY
By Annia Gaye
Ousman Conteh, the Clerk of the Banjul Youth Parliament (a branch of the
National Youth Parliament), who attended the International Youth Conference held
in Geneva, Switzerland, as part of the commemoration of the United Nations
Global Road Safety week, has presented his report as well as the declaration
made at the conference to the Permanent Secretary Department of State for
Works, Construction and Infrastructure Development. The presentation ceremony was
held on Monday 28 May, at the latter’s conference hall.
In receiving the declaration and report, the Permanent Secretary at the
Department of State for Works, Mr. Lamin Nyabally, said that Road Safety is a
major public problem and is increasing daily. He noted that the most vulnerable
group to road accidents are children.
He said that in preventing road accidents, parents are mostly needed inorder
to create road safety to the children. The P.S for Works said community
based groups are also a very important factor in road safety through their
involvement in disseminating information, especially youth groups. He challenged
the media who he said also has a greater part to play in road safety as they
would disseminate the information to the public. He said that road safety has
no boundaries, “It is for everybody, be it old or young.” He concluded by
congratulating Ousman Conteh for his work and contribution to the road safety
week.
Lang K. Konteh, the Operations Manager of Shell Marketing, said Shell’s
commitment is to improve road safety, noting that they would continue to ensure
that road safety is at the top of the minds of staff, contractors and the
communities in which they operate. He indicated that the presentation of a
declaration by the Assembly is in a bid to further draw attention to the issue of
road safety and also to enact laws to enforce some basic tenets of road safety
such as not to use mobile phones whilst driving, compulsory wearing of seat
belts and banning the importation of second hand tyres.
The declaration, which was read by Ousman Conteh, touches on many aspects of
road safety. It indicates the commitment of youths, parents and guardians in
preventing the risk of dying on the road; that children and educational
institutions are also very important, as well as policy makers to create safe
communities.
Other speakers at the ceremony were the WHO representative, Dr. Nestor
Shivute, and the Deputy Permanent Secretary Department of State for Works and
Construction, Mr. Abdoulie O. Camara. Ousman Conteh received his certificate as a
World Youth Ambassador for Road Safety from Dr. Nestor Shivute, the WHO
representative.
RETIRED POLICE SUPERINTENDENT ARRESTED, RELEASED
By Modou Jonga
A retired Superintendent of The Gambia Police Force Alhagie Kebba Fatty of
Brikama Fatty Kunda, who is now of old age, was on Monday 21 May, 2007
arrested by plain clothes officers. Mr. Fatty was escorted to his residence in
Brikama before being whisked away reportedly to the police headquarters.
The house of Mr. Fatty was said to be searched by more than six plain
clothes officers before he was subsequently arrested.
Mr. Fatty, according to family sources, retired from the police force on 15
December, 2004.
Family members explained that they are unaware of the reasons for the arrest
of their family head. When contacted, the police PRO, ASP Jobarteh, noted
that he is not aware of the arrest of Mr. Fatty.
Our reporter saw Mr. Fatty himself who confirmed his release but said he was
asked to report to the Serious Crimes Unit at the Police Headquarters in
Banjul on a daily basis. He however declined to make further comments.
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