-------- Original Message --------
Subject: Foroyaa Newspaper Burning Issues
From: "Amie Sillah" <[log in to unmask]>
Date: Fri, March 5, 2004 11:14 am
To: [log in to unmask]
Foroyaa Newspaper Burning Issues
Issue No. 17, 26-29 February, 2004
EDITORIAL
THE PRESIDENT, NAWEC AND THE WATER CRISIS
In 2003, the president of the Republic expressed his dissatisfaction in
the way NAWEC was being managed and decided to take over the energy
portfolio. People felt that when a whole president of a state takes
charge of any matter nothing could go wrong. People accompanied the
president from the ports and danced to the drum as he received new
generators. Power cuts in the urban area were seen to be a problem of
the past. In fact, the president spoke about rural electrification and
promised the nation that if the rural areas were not electrified there
would be no July 22nd celebrations. The target was not achieved. The
celebrations continued. The power cuts continued while the bills also
continued to increase. Appliances have been major casualties of the
deathblow or abrupt drops in voltage. In 2003 NAWEC increased its
tariffs. The tariffs on water were increased by 40% while that on
electricity was increased by 70%. The people have been paying but power
cuts remain. When the government took a loan of more than 500 million
Dalasis from the Import-Export Bank of Taiwan to finance the network
expansion project the people were told that the transmission lines were
rehabilitated, that the 500 million Dalasis will be utilized to change
the old transmission lines. Most people saw this as the end to their
trouble as far as shortage of electricity supply is concerned. This work
is supposed to be completed no later than March 2004 if the promises of
the government are to be relied on. In the same vein, one should have
expected a gradual improvement of services. To our surprise, the services
are deteriorating even though generation and transmission capacity have
increased. The situation reached a crisis stage when water shortages
increased. This is mainly due to lack o! f adequate supply of electricity
to pump the water. Many people in the urban areas no longer have wells.
Those who have cannot maintain fresh water supply because of proximity to
latrines. However, taps remain closed and are sometimes opened during odd
hours when people are supposed to be asleep. With all these shortages the
government has informed the Gambian people that NAWEC is experiencing a
liquidity problem and that "the outlook for 2004 would require further
tariff adjustment." The irony is that the president is on a fund raising
campaign for the 2006 presidential elections. One would have thought that
the best way to campaign for elections is to put an end to the
electricity and water shortages. Now that the president is responsible
for energy we do not want anybody to say that he is not aware of the
electricity and water shortages. The whole nation is waiting for his
action. Mr. president, are you still responsible for NAWEC? If so, why
are you sparing yourself from the electric broom? The nation is expecting
you to hold a press conference to explain what the problem is!! Baba
Jobe’s Trial
Part 17
The Majority Leader of the National Assembly, chairman and chief
executive officer of the Youth Development Enterprise (YDE) Baba Jobe on
Monday 23rd February 2004, was called in to the witness box to give
evidence on the six count charge of economic crimes against him and
others before Justice MA Paul. Examination Of Baba Jobe By Lamin Jobarteh
Q: Name?A: Baba K. Jobe.
Q: Address?A: Kololi.
Q: You are also House Majority Leader and Member for Jarra West?A: Yes.
Q: You are also the chairman and CEO of YDE?A: Mr. Jobe, apart from being
a member of the National Assembly and chairman/CEO YDE, did you ever hold
any office for this government? A: Yes.
Q: Can you tell the court the position?A: I was first of all an under
secretary in the office of the chairman of the former AFPRC and personal
aide from 1994 – 1996 and after the elections I was assistant secretary,
office of the president until 2001. Q: Can you tell the court your role
during these periods?A: To assist the president directly and the
government with its budget particularly with regards to Libya?Q: Can you
briefly outline how and the reason for the formation of YDE?A: YDE as a
youth development enterprise was formed in 1995 to enhance the
affordability of essential commodities as a stabilizing factor of basic
food commodities to the Gambian people, as a means of poverty reduction
and further to empower the youths. My role is to see to it that these
policies of YDE are implemented as set out by its financier, the
president of the republic of the Gambia, Yahya Jammeh. Q: How were you
able to implement those goals or policies as set out by the president?A:
I was able to do that with the officials of the government especially
with the finance secretary, Famara Jatta and the then permanent secretary
Bammy Jagne. By a gentleman’s agreement all the policies of YDE were made
known to the SoS for Finance and the PS as set out by the sponsor and
financier, the president, so that at any time there is some thing to be
done by the government, either the SoS or the PS will act. Q: When you
say to stabilize essential commodities what do you mean?A: When our
consignments came and there is the need to stabilize the prices below
normal prices in order to make it affordable to the poor Gambians, we sit
with the authorities concerned and discuss on how that pricing could be
done below the CIF price or values. In return it was part of the
gentleman’s agreement that government as part of its contribution drops
all duties against YDE. This is why by the agreement government is to be
giving out duty waivers at any time we have new consignments. This was
how we were operating from inception to date. Q: Can you name some of the
officers that you normally sit and do this pricing?A: The secretary
general office of the president Alieu Ngum, Famara Jatta, the SoS of
Finance at the time, the permanent secretary, department of state for
finance, Bammy Jagne and myself, of course. We get instructions from the
president. Q: How was the question of duty waivers addressed by
government?A: By our terms of reference YDE had agreed with government
that finance would give out duty waivers on quarterly basis as part of
its contribution towards poverty reduction programme. Q: From the
inception of YDE to the commencement of this case did government ever
request you to pay for duties?A: Never. Q: Do you know why?A: Because of
the gentleman’s agreement.
Q: Can you tell the court how YDE started its whole operation, citing one
of the cases that gave rise to the none payment of duties for goods up to
date?A: In 1995 I brought a shipment of tractors, trucks and Butimen from
Libya amounting to 5 million dollars for which the government, GPA and
Customs did not make request for any duty payment. Shown a bunch of
documents ranging from single entry forms, invoices and bill of lading
and asked if those are the documents for the said shipment. Mr. Jobe
answered in the affirmative. Counsel Jobarteh applied to tender them. The
trial judge ask the defence; what relation the said shipment had to do
with the activities of YDE for the periods in question before the court,
that is, 2001 – 2003. Mr. Jobarteh said the aim of the defence is to lead
evidence through their witness to show how the lack of duty payment
started to the period in question before the court, to the time when the
three accused persons accepted to pay. The DPP then rose up to object the
admission of the documents, citing the Evidence Act, which indicated that
evidence has to be in line with the matter in court. Secondly the DPP
opined that the witness is bringing in the issues to show that he is more
philanthropic than the president and since it was the president who gave
out tractors to the farmers, the DPP further submitted that the court
must not admit the documents as the aim is to discredit the president.
Mr. Jobarteh in his reply cited sections 6,7 and 9 of the Evidence Act
and page 179 of Justice Assan Jallow’s Law on Evidence in the Gambia,
which talks about evidence having relation or connection to the case in
hand either in history or the present form, that the said document in
question is bearing the name of the second accused Baba Jobe and his
address from where the whole operations of YDE started in 1995. Secondly
that the witness has led in evidence, his role as both under assistant
secretary office of the president and his personal assistant and his role
as the man in charge of YDE from 1995. M. Jobarteh then urged the court
to dismiss the objection of the prosecution and accept the documents. The
DPP in his reply to the defence’ citations cited section 16 of the
Evidence Act which says that there is no similarity between the evidence
on the document and the matter before the court. In his ruling Justice
Paul ruled that even though there is no relationship between the said
documents and the case before the court, the court would accommodate the
defence to continue its evidence on the document. The trial judge further
indicated that the power to admit a document lies with the court and it
is the court that decides the relevance of document. Counsel Jobarteh
then continued thus:
Q: What is the document about?A: It is about a consignment of goods from
Albahani Company, Libya to Banjul, office of the chairman AFPRC and for
my attention. Mr. Jobarteh again applied to tender the said documents.
The DPP objected, citing section 3 of the Evidence Act. Mr. Jobarteh
insisted on the sections of the Evidence Act he previously cited. The
court rejected the documents and they were marked rejected. Q: Apart from
the issue of importation of essential commodities did YDE do anything
with the government?A: Yes, we were involved in crop financing the
cooperative federation in 1998/99 to the tune of 5 million dollars when
the dollar used to be 9 – 10 Dalasis. The court again asked the relevance
of the evidence in connection to what is before the court. The witness
Baba Jobe replied, My Lord it looks as I as an individual has been
accused of ruining the whole economy of the Gambia single handedly. He
further questioned how can he do that. Jobarteh , Counsel examining the
witness told the court that to stop them from leading evidence of the
previous activities of the accused persons is like stopping them from
giving evidence. The court then consented with the defence. Then Mr.
Jobarteh continued to say that the issue of crop financing came to the
YDE from the financier, the president when the government was unable to
deliver its promises to the farmers to buy their produce. Q: Any other
thing that YDE was involved in on behalf of the government?A: The
transportation of Cuban doctors for the state department of health. Q:
Any others?A: YDE was also responsible for the purchase of the whole
fleet of transports in the name of YDE ahead of the 2001 presidential
elections. The president said they were needed by the APRC party and
government. Q: Shown a bunch of documents and asked what they are?A:
They are insurances and the list of the fleet of transports bought by YDE
for the period 2001 as requested by the president. Q: Do you know what
happened to most of those transports?A: They are in government
departments; other state institutions, individuals and APRC party
officials. Mr. Jobe at this stage said that it is unbelievable to hear
that YDE did nothing. He asked whether a body that did all what it had
done for the government can be said to have done nothing. He said YDE had
been working hand in hand with the government and even asserted that YDE
is the fourth arm of the government. Mr. Jobarteh then tendered the
documents of and the list of the YDE vehicles. The DPP further again
cited section 3-subsection (1) of the Evidence Act and objected on the
basis of their relevance and connection to the case. He further urged the
court to reject the documents. Mr. Jobarteh for his part urged the court
to admit the documents since the transaction for the purchase of the
vehicles were done by YDE in 2001. The court then dismissed the objection
and marked the documents as AA109 to AA157. Mr. Jobarteh then asked the
witness Mr. Jobe to look at exhibits 109 and tell the court the total of
vehicles. Q: What is the total value of the vehicles?A: By their unit
price it is 2.2 million dollars. Q: With whom did you discuss the need
to purchase them?A: The president. Q: Can you tell the court who is in
custody of at least one of them?A: the former director general of customs
Ousman Mboge. Q: Did you pay any duty to either the customs or GPA on
those vehicles?A: Not at all. Q: How were they purchased?A: They were
purchased from TK motors based on an agreement between TK Motors and YDE
on credit basis. YDE was supposed to pay by installment. Q: Did you
honour that agreement with TK Motors?A: Yes.
Mr. Jobarteh showed another bunch of documents to the witness and asked
what they are for?A: They are in respect of APRC party’s 2001 election
materials. Q: What is their total value?A: US$428,980.
Q: Was this a loan to APRC from YDE?A: No. Since both the YDE and party
belong to the sponsor, the president, he requested and we provided it.
Q: What amount did you say was involved in the 1998/99 crop financing?A:
5 millions dollars. Q: Shown a bunch of receipts of payment for the
amount from a federation of cooperative societies to the accused Baba
Jobe and asked what they are for?A: They are monies we paid to FACS for
their conduct of 1998/99 crop marketing. They were tendered. The DPP
objected on the ground that the matter before the court is only for 2001
– 2003. He questioned their relevance. Mr. Jobarteh insisted that they
are important but the court rejected the documents. Q: Mr. Jobe what is
your reaction to the charges for the offence that you made an agreement
with the government?A: Actually I disagree with the charges simply
because there was a gentleman’s agreement between the president as the
head of government and myself. Yes we all know there was some thing wrong
some where, it is because of that we as a group at YDE agreed to pay. But
if not the whole agreement was between myself for YDE and the government
on the other hand through the former SoS for Finance and his PS. Q: Can
you cite one commodity price that was reached between YDE and the state
officials?A: Rice for D350 in Banjul and the same in Koina. Q: If you see
the copies of invoices on YDE importation will you be able to identify
them? A: Yes.
Q: Shown one and asked for identification?A: They were confirmed to be
those invoices. Q: The DPP objected on the same grounds. He was
overruled. The documents were admitted and marked AA158 – AA182 to
replace the photocopies tendered for ID purposes through the first
prosecution witness Mr. Buba Senghore. Q: Did YDE officials ever show
these invoices?A: Yes, there was a day after Buba Senghore and Buba
Baldeh returned from their reconciliation trip to the customs. Mr.
Senghore told me in my office to ask for the invoices, that he gave them
to Mr. Senghore. Upon his return he told me that the customs officials
said they do not need them since they would use the customs own
indicative values. Q: Prior to the information you got from Buba
Senghore and the letter that followed it did any body ever ask you for
duty payment?A: Never. Q: What do you do when you have a consignment?A:
We apply for a direct delivery. Buba Senghore takes it directly to the
former director general’s office, Ousman Mboge who contacts the
department of state for finance. It is reported to me by Mr. Senghore,
then I go to the SoS for finance and the PS. This is how matters stand
from 2001 to 2003. Q: Do you know the present DG of customs?A: Yes.
Q: Who is he?A: He is Momodou Kaba Tambajang.
Q: Did you ever visit him since he took over?A: Yes. When he took over I
visited him to introduce the policies of YDE to him and the D500,000 YDE
paid to the customs through one Veronique. Mr. Jobe then said he was
completely dismayed when the Customs Department gave evidence and failed
to tender the receipt of that payment and any other document. He said
further that Mr. Tambajang informed him that up to that date no such
documents or any document on YDE had been shown to him. Q: As
chairman/CEO did you ever meet the former DG Mr. Mboge on this matter?A:
No. Q: Did you ever meet Mr. Deen of GPA?A: Yes, there was a day when Mr.
Deen called me on Saturday that he would like to meet me. I agreed and he
came with one Ismaila Bojang the credit manager. We discussed the need
for YDE to pay for what they called outstanding dues to GPA. I asked why
they have not been asking for any payment from YDE. Mr. Deen said because
of the system he inherited. He then suggested that they would provide me
with clearing agents for all of us to benefit. I told them already YDE
has one. The case was adjourned till 24th February 2004
Famara & Co To Appear in Court
Whereas President Jammeh’s "operation no compromise" continues to drag
the latter’s chums to court, Baba Jobe’s team of Lawyers consisting of
Lamin Jobarteh and Edward Gomez have embarked on what could be described
as operation "sieve the chaff out of the wheat". This operation, which
aims to unearth the truth in the ongoing trial involving their clients,
targets high-ranking government officials as possible witnesses. The team
of Lawyers has recently summoned some witnesses to appear in this trial.
They consisted of Bammy Jagne, former Permanent Secretary Department of
State for Finance and current Gambian ambassador to the United States,
erstwhile Secretary of State for Finance and now Governor General of the
Central Bank, Famara Jatta, former Governor of Central Bank, Clark Barjo
and the Secretary General, Office of the President, Alieu Ngum. The
aforesaid people are expected to appear in court soon.
Treason Trial Of Abdoulie Sonko
Sonko To Be Provided With State Counsel
At the previous proceedings the court had given Abdoulie Sonko time to
look for another legal representative since Mr. Darboe had withdrawn from
the case when the court insisted that the trial must proceed on three
days in the week. Hence when the case was called, the trial judge MA Paul
asked Mr. Sonko what development had taken place. Abdoulie Sonko informed
the court on his status and then explained the following: "My Lord I have
met with my family but they have informed me that they were unable to
provide me with a lawyer." He then pleaded to the court thus: "My Lord
based on this reason I am appealing to your lordship to use your very
good office to reduce your three days hearing to two days to allow Mr.
Darboe to continue with my case." State counsel, Mr. Marenah opposed the
application, noting that since Mr. Darboe had announced his intention of
withdrawal from the case there is no need to talk about trying to bring
him into the issue. Mr. Marenah then urged the court to provide the
accused with a lawyer through the office of the master. The DPP also
added that where an accused is unable to get a legal representative the
responsibility becomes that of the court. He cited a law and urged the
court to proceed and provide the accused with a counsel. The DPP further
went on to notify the court that the matter is very serious since it
deals with treason. The matter was adjourned for two weeks, till 9th
March 2003 to allow the office of the master to provide the accused with
a counsel.
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Joe Sambou
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