Foroyaa Newspaper Burning Issue
Issue No. 40/2007, 9 - 10 April, 2007
Editorial
THE PRESIDENT AND THE SYSTEM OF
ADMINISTRATION OF JUSTICE
After The Words, Action Should Follow
The judiciary is the last port of call for justice. The law enforcement
establishments are transit points. The president took a critical look at the
transit points and last port of call and indicated that there are unacceptable
delays at all the centres which require rectification.
Foroyaa will publish the encounter verbatim in subsequent issues.
Our point of emphasis is to motivate all authorities concerned to march
words into action.
Action Recommended
It is necessary for the Secretary of State for Interior to establish a task
force to look into all long detentions without court appearance and all those
remanded in custody without diligent prosecution. This task force should be
mandated to go to the prisons to discuss with the prisoners or detainees
concerned as well as to receive complaints from their families.
As we go to press the families of Mr. Ousman Rambo Jatta, headmaster Tamba
Fofana, Chief Ebrima Manneh are concerned that since the president’s speech no
action has been taken to release their loved ones. Action speaks louder. All
those who treasure justice are waiting for action to speak.
FATOU JAW MANNEH PLEADS NOT GUILTY
Lawyer Challenges Jurisdiction of Court
By Fabakary B. Ceesay
FATOU Jaw Manneh, a Gambian journalist based in the USA has pleaded not
guilty to three charges preferred against her when she appeared at the Kanifing
Magistrates Court for the second time on Wednesday 4 April 2007. Journalist
Manneh faces three charges.
Count One alleges that she acted with seditious intention contrary to se
ction 52(1)(a) of the Criminal Code. Count Two states: publication of seditious
words, contrary to section 52(1)(c) of the Criminal Code. Count Three states:
publication of false news with intent to cause fear and alarm to The Gambian
public, contrary to section 59(1) of the Criminal Code.
The particulars of offence indicate that “Fatou Jaw Manneh, between January
and March 2007, with seditious intention, granted an interview contained in a
publication dated 23 October 2005, consisting of the following words, to
which is included, “Betrayal”, Jammeh is tearing our beloved country into
shreds, he debunked our hopes and became a thorn into every issue that is related
to progress in The Gambia, be it social, political and economic. Worst of
all, he is a bundle of terror. There is need to speak out . If you look around
The Gambia, particularly at the condition people live in, you will see what I
mean, that Gambians are desperately in need of an alternative to this
egoistic frustrated imam of APRC. Jammeh is full of energy but very negative energy
and he totally lacks direction, what he needs is to come clear to The Gambian
people and say that he has failed us all miserably, that he will be doing
everything to revitalize his promises to The Gambian people, excuse his ten
years in office, rather than forcing us to like him or forcing us to recognise
the developments that do not exist.”
Jurisdiction of the Court Questioned
Defence counsel, Lamin S. Jobarteh, raised objection, pointing out that the
court has no jurisdiction to hear the case due to the fact that offences were
committed outside the perimeters of The Gambian territory. Jobarteh
submitted that the charge sheet did not include anywhere in The Gambia where the said
offences are said to be committed. He argued that the charge sheet indicates
“between January and March 2007” and that of “23rd October 2005”, which
clearly indicates that the defendant was in the United States of America. “This
court lacks jurisdiction to hear a case which was committed in the USA or
outside The Gambia.” He concluded that any matter which is committed outside
the perimeters of The Gambia could not be heard by court. Citing the law,
Counsel Jobarteh argued that offences should be within the local limits of the
jurisdiction. He said that there was nothing in the charge sheet to indicate who
the publication has been made to. He also cited section 57 of the CPC to
back his claims. Mr. Jobarteh argued it is certain that the act was in the USA
during that period. “Therefore, no court, not even the high court or the court
of appeal has the power to hear this matter. Under the circumstance and to
the fact that the counts are uncertain that she granted an interview to whom,
not here, we don’t know who to prepare our defence to, we are asking this
court to rule that it cannot hear this charges for lack of jurisdiction,” he
emphasised. The state counsel, NB Jones Nebu, asked the court to give her time to
respond to the submissions made by the defence on a later date. Mr. Jobarteh
told the court that his client should not even plead to the charges, but
that due to the fact that her liberty was at stake he will let her take her
plea. He added that under the circumstances of the case, he was applying for the
accused person to be bailed in view of two reasons: (1) the counts are a
misdemeanour and are bailable. He told the court that they are willing to
faithfully adhere to the conditions. There was no objection from the state counsel
for the bail application. Magistrate Buba Jawo later granted her bail in the
sum of D25,000 with a Gambian surety. The Magistrate ruled that the accused
person surrender her travelling documents to the authorities unless they are
under the control of the authorities. Jobarteh told the court that the
documents are already under the control of the NIA. The case is adjourned till
tomorrow, 11 April 2007.
The case was heard in a crowded court room with relatives and friends
showing sympathy and solidarity to the accused person. Fatou Jaw Manneh was
arrested at the airport upon arrival from USA, on Wednesday 25th March 2007. She
spent six days in detention at the NIA, before being granted bail by the court.
JOURNALIST LAMIN FATTY’S TRIAL RESUMES
By Bubacarr K. Sowe
The long drawn out trial of Journalist Lamin Fatty of The Independent, a
local newspaper shut down a year ago, has finally been assigned to Magistrate
Buba Jawo.
Mr. Fatty’s case was adjourned indefinitely at the Kanifing Magistrates’
Court following the appointment of the former trial magistrate, Mr. Kebba
Sanyang, as the Secretary of State for Justice, late last year.
Fatty who is accused of false publication is expected in court today,
Tuesday April 10, for continuation of the matter under Magistrate Jawo.
Before he was charged with the offence, the reporter spent sixty two days in
detention under the custody of the National Intelligence Agency (NIA), which
followed the closure of his paper in late March 2006.
Lamin Fatty was arrested exactly a year ago, on 10th April 2006. He was
arraigned before the Kanifing Magistrates’ Court on 12 June 2007. The court
granted him bail in the sum of D50, 000 (fifty thousand dalasi) with a Gambian
surety on 22 June 2006. The first prosecution witness testified on 27 July 2006.
The second prosecution witness testified on 2 August 2006. The case was
adjourned till 31 August 2006 but the case did not proceed because the
prosecution said its last witness had travelled. Since then there were four other
adjournments for the same reason, the last date of adjournment being 9 October
2006. At that proceeding, the magistrate vowed that if the prosecution failed to
bring their last witness he would not only discharge the accused but acquit
him, noting that there have been two many excuses from the prosecution
regarding the case.
The matter was adjourned till 25 October but the case did not proceed. On 7
November the prosecution failed to appear and defence counsel urged the court
to strike out the case but the magistrate declined to do so.
The case was then adjourned till 20 November but by then the then trial
magistrate was appointed as Secretary of State. The case was adjourned till 5 and
19 December 2006 respectively.
On the 19 December 2006 Lamin Fatty was told that the case was adjourned
indefinitely.
OMAR NDOW CHARGED WITH ECONOMIC CRIMES
By Bubacarr K. Sowe
Omar P. Ndow, former Managing Director of Gamtel who was last week arraigned
at the High Court is facing a six count charge of economic crimes.
Appearing on behalf of the accused person on Wednesday, April 4th before
Justice S.M. Monageng, defence counsel Sheriff Tambedou told the court that he
wanted to file a submission before the accused person took his plea.
The prosecutor, Marie Saine-Firdaus, told the court that the acting Director
of Public Prosecution, Emmanuel Fagbenle will prosecute the case.
Below are the six charges Mr. Ndow is facing: Count One, economic crime
contrary to section 5 (a) of the Economic Crimes (Specified Offences) Decree,
Number 16 of 1994. The particulars of the offence are that as Directors of
Gamtel, a public body, between 2004 and 2006 he willfully or recklessly entered
into a contract between Gamtel and Huawei, a Chinese company, at the cost of
eight million, one hundred and seven thousand six hundred and four US dollars
and fifteen cents (US$8,107,604.15) without GPPA’s approval, thereby committing
an offence.
Count Two states that Mr. Ndow committed an economic crime contrary to
section 5 (c) of the Economic Crimes (Specified Offence) Decree, No. 16 of 1994.
The particulars of the offence state that between 2004 and 2006, in a manner
injurious or damaging or adverse to the Gambian economy, he paid eight
million, one hundred and seven thousand, six hundred and four US dollars and fifteen
cents (US$ 8, 107,604: 15) to Huawei without GPPA’s approval.
The third count states that Ndure contravened section 5(e) of the Economic
Crimes (Specified Offences) Decree, No. 16 of 1994. Its particulars indicated
that between 2004 and 2006 in a manner injurious or damaging or adverse to
the Gambia economy, paid the same sum to Huawei without approval of the Central
Bank.
Count Four also states that he contravened section 5 of the Economic Crimes
(specified offences). Decree, No. 16 of 1994. The particulars show that in
the same period the same sum paid to the same company is a breach of the GPPA
Act and Regulation, whereby financial loss or damage was caused to Gamtel.
Count Five also states that he contravened the same section and decree
intentionally or by omission in a manner detrimental to the economy of The Gambia
by entering into a contract in the same sum and the same company during the
same period.
Count Six states that Ndow was disobedient of a statutory duty contrary to
section 115 of the Criminal Code. The particulars of the offence state that
between 2004 and 2006, without complying with the provision of the GPPA Act, he
willfully or by omission entered the said contract with Huawei.
Mr. Ndow will be back in court on April 12th to answer to these charges.
URR FARMERS VOW TO INCEREASE PRODUCTION
By Mamadi Sanneh
Members of the URD Agricultural Commercial Farmers’ Association, on Monday,
paid a courtesy call on the Deputy Governor of Upper River Region, Momodou S.
Kah, to brief him about their activities. At the briefing meeting at the
Deputy Governor’s office, the President of the Association, Alhaji Ba Jeja
Jawara, spoke about his Aassociation’s development plans that include empowering
farmers to take up commercial farming in order to increase food
self-sufficiency in the region.
Speaking earlier, the Deputy Governor thanked members of the URR Commercial
Farmers Association for their visit and assured them of his office’s support
at all times. Mr. Kah told them of Government’s commitment in attaining
self-food sufficiency for the rural Communities.
The Divisional Agricultural Coordinator, Jereh Sanneh, also expressed his
office’s support and called other farmers to emulate this bright example.
Speaking on behalf of the Association, Alhaji Hammeh Jabu Kurubally, Alhaji
Buchineh Trawally and Alhaji Amara Bajaha all spoke of their association’s
determination in increasing food production in the region and called on other
commercial farmers to join them.
LETTER TO NADD EXECUTIVE BY EX-FLAG BEARER, HALIFA SALLAH
Continuation
I am not sure how many votes the APRC campaign team received because of
their message. It appears to me that the hope many had that if the seat is taken
they will receive rewards from the president compelled many of the APRC
aspirants to the post and the candidate as well as their group leaders to work as
a team and avoid the dangers of a split in their ranks.
This was evident on the day of voting as the group leaders hanged in the
wings with mobile phones to check whether the people they have mobilised have
voted or not.
Needles to say, the absence of the youth in particular and many people who
were decisive at the polling centres were also evident. What made this a
possibility is still a mystery to me. This mystery has to be resolved if any party
is to make headway in the future. The degree of induced or voluntary apathy
is a indeed a threat to Gambian democracy.
The UDP campaign team relied mainly on the support base of the party to
conduct their campaign. Their criticisms were mainly directed at me and not the
APRC candidate. They gave the impression that the APRC candidate was a poor
choice, which was done to enable the UDP to take the seat. Some of the members
in their campaign team would thank those they alluded to be in the APRC who
had done them a favour by selecting that particular APRC candidate.
In explaining why I should not be elected they claimed that I had done
nothing for Serrekunda Central but kept on giving figures after figures of
different sorts that can never change anything. They emphasised that what the
constituency needed was development and not just figures and analysis. They
highlighted the lack of facilities in the constituency and claim that I have done
nothing to make them available.
Some of them took personal shots at me by saying that I look down on a
particular ethnic group.
In the house to house and community campaign they told their supporters that
I was responsible for the UDP’s failure to win the presidential elections
and should be taught a lesson by making me to lose my deposit.
The candidate argued that he was young and that I belong to the old guard
and cannot be with the youth to enjoy cigarettes, clubs and ceremonies.
I don’t know what impact their campaign method had on the results but it did
not help the image of the UDP in Serrekunda central. Many prominent
personalities of the UDP approached me to distance themselves from the UDP campaign
issues in the constituency.
I was the incumbent. I had to give analysis in general but was also
compelled to be accountable to my electorate in the face of claims that I was not
delivering. As a personal philosophy, I have always associated the promotion of
self with deficit in humility. This however is applicable in social
interaction but very much out of tune with the tennets of democratic representation
which calls for accountability. I therefore had to do what I have always
refused to be tempted to do, that is to put my record on the election platform.
My campaign team therefore relied on both analyses of the general functions
of a National Assembly member to try to prove that I am more competent to
perform such functions than the others as well as present my record over the
five years for review.
On the NADD platform I emphasised to the electorate that a Sovereign
Republic is a country own and by its people; that he or she who is not conscious of
his or her ownership of the country cannot be considered a sovereign citizen.
That the first chapter of the constitution establishes Gambia as a Sovereign
Republic emphasises that sovereignty resides in the people; that it further
went on to safeguard the power of the people by asserting that those who are
managing the affairs of the state must derive their authority from the
consent of the people and must utilise the authority entrusted to them to promote
the liberty and prosperity of the people. I argued vehemently that where there
is deficit in liberty and prosperity the people should hold those they
entrust with power accountable and if they are found to be deficient in their
ability to safeguard public trust they should replace them with those who are
capable of addressing their needs and aspirations. I indicated that the voters’
card is an embodiment of the sovereign power of each citizen. That it connotes
that each of us has equal say in managing the affairs of the country; that
each sovereign person is accountable to posterity in how he or she goes about
entrusting his or her power to representatives.
I emphasised that anybody accorded the will power to choose have a duty to
rely on reason to assess options and make informed decisions. That the
progress of nations towards liberty and prosperity or their lapse into poverty and
tyranny rests on the choices the electorate make and the decisions they take.
I told them that before they elect representatives they must know the
functions of public offices.
I explained that there are three branches of institutions of representation
whose functions the other candidates and their campaign leaders have been
either unable or unwilling to distinguish, that is, the executive, the
legislative and the local councils. I indicated to them that the local councils are
responsible for paving the streets, providing public taps, toilets, urinaries,
parks, playing grounds, markets, council clinics, schools and other
facilities by taxing market vendors, compound owners, taxi drivers, companies etc. I
told them that no one had paid duties from markets, garages and compound rates
to me to provide them with services; that this is paid to councils; that if
services are missing it is the APRC councillors who should be held
accountable for the underdevelopment of the area.
To be continue
JAWARA TO HEAD OBSERVER MISSION
By Sarjo-Camara-Singhateh
The President of the Economic Community of West Africa states, (ECOWAS)
Commission, Dr. Mohamed Ibn Chambas, has appointed Former President Jawara as the
Head of the ECOWAS Observer Mission to Nigeria for the forthcoming
Presidential and Legislative elections.
The appointment of the mission is in accordance with Article 13 of the
ECOWAS Additional Protocol on Democracy and Good Governance of December 2001.
The mission will comprise about three hundred and fifty observers from all
the ECOWAS member states and will last from 10 to 25 April 2007.
Former President Jawara is expected to depart Banjul today, Tuesday, 10
April 2007 for Lagos, Nigeria.
The mission is tasked with monitoring the electoral process in Nigeria.
AT THE COURT MATRIAL
“NO SALARIES FOR ACCUSED FOR 1 YEAR”-Lawyer Mboge
By Fabakary Ceesay
Defence counsel Lamin K. Mboge, counsel for 2nd accused Lieutenant Pharing
Sanyang and Corporal Samba Bah on Thursday 5 told the court that the accused
persons have not been paid salaries since April 2006.
Mr. Mboge told the court that his clients have informed him that they had
not receiving their salaries since April 2006. “I have vital information and it
is a fact that they are not having their salaries.” The judge advocate,
Justice Akimoyae Agim, ruled that the court is not the right place to raise that
issue because the accused persons are on a criminal trial. He said that they
can write to the authorities to remind them about the matter. Counsel Lamin
S. Camara also raised the issue of the confiscated items of the accused
persons. He said that he had for a long time filed a motion to the court. Before
going further, Agim ruled that, that matter would be addressed on the next
sitting date when he (Camara) has would have filed his address to the court.
On the filing of their written addresses to the court, state counsel
Emmanuel O. Fagbenle, said that he had received the address on the 4th and 8th
accused persons. He said that he had not received any other address concerning
other accused persons. He said that he is ready to adopt this address which was
dated 19th March, 2007. Fagbenle indicated that he was ready to go into the
address on the 4th and 8th accused persons. Counsel Mboge also informed the
court that he had filed his address on the 4th April, but added that he did not
know whether the clerk had served the court. Counsel Camara said he was yet
to finish his report, but told the court that this will be the last time that
he will ask for permission from the court to file his address. He lamented
that the relevant part of his address is ready. He added that he has a problem
in accessing some legal documents, which he thought are absolutely necessary
to the determination of the case. Camara indicated that he was writing
addresses on four accused persons who are standing criminal trial at the
court-martial. He said that the charges against them are very heavy. “It takes the
prosecution twelve days to file their address. In the interest of justice, we
humbly asked this honourable court to give us few more days to finish our
addresses,” he said. Mrs. Sainabou Wadda Ceesay, a co-counsel for Captain Yaya
Darboe also told the court that they would file their report by the next
sitting. She said that they were yet to finish their address. Mr. Nene Cham Chongan
also asked for extension of time.
Justice Agim then granted the application, but warned that the defence
should file their addresses by Tuesday 10 April at the latest. He said they don’t
want anymore delays in the case. The president of the court, Commander Sarjo
Fofana, said that they would not allow anymore excuses for adjournment,
saying: “We are saying that today will be the end of war, we would not take
anymore excuses.” Captain Bunja Darboe, Captain Yaya Darboe, Captain Wassa Camara
and Second Lieutenant Pharing Sanyang are standing trial at the court-martial
on the charges of treason, while Captain Abdou Karim Jah, Captain Paul J.
Mendy, Lieutenant Momodou Alieu Bah, Corporal Samba Bah, Lance Corporal Babou
Janha and Private Alagie Nying are facing charges of concealment of treason.
They have all pleaded not guilty. The case continues.
9 JAILED FOR ARMED ROBBERY
By Fabakary B. Ceesay
Ten alleged arm robbers were, on Tuesday, arraigned before Magistrate Pa
Harry Jammeh. Nine of them pleaded guilty and were convicted and sentenced to
mandatory jail terms, ranging from seven to ten years with hard labour. The one
who pleaded not guilty was remanded in custody.
According to the offences, the ten accused persons, in different groups, and
at different locations, broke into people’s shops and houses contrary to
section 283, laws of the criminal code of the Gambia. The particulars indicated
that on the 13th January 2007, they broke into the shop of one Nicohlas
Prestine and stole an amount of D57, 000, 1,200 US dollars, Gamcel and Africell
Credit Cards amounting to D1, 400. On the 24th March, they also broke into the
shop of one Alfusainey Bah at Kololi with intent to steal. On the 15th
February, they again broke into the bureau de change shop of one Demba Dibba, at
Plaza Serrekunda, and dragged the safe towards London Corner. The state
prosecutor, CSP Burama Dibba, told the court that all these incidents were reported
to the police by the victims. He indicated that an investigation was mounted
by the police and arrests were made. Dibba told the court that the accused
persons were cautioned and statements were taken from them. Prosecutor Dibba
indicated that they confessed that they were responsible for the breaking in
of many shops in Serrekunda, Bundung and London Corner. He said that one of
them, Soriba Conde, was very helpful to the police.
When delivering judgment, Magistrate Jammeh said that armed robbery is an
act which is unacceptable, unspeakable, abominable, barbaric and cruel. “Your
actions have left people in panic. You went with all kinds of weapons breaking
into peoples’ houses and shops. Your this enterprise needs an urgent stop. I
will sentence you to a term so that people who are doing this act or about
to do it can learn a lesson from it,” he emphasised. He therefore sentenced
Ebrima Jallow, Muhamed Darboe, Malick Sarge and Mambiram Gaye to seven years
with hard labour. Abdoulie Baldeh to nine years, Soriba Counde, Cherno Jallow,
Abdoulie Jobe and Ebrima Suma to ten years, all with hard labour. Magistrate
Jammeh also ordered that after their jail term, the non Gambian nationals are
to be deported back to their respective countries. Amadou Camara, who
pleaded not guilty was remanded and was supposed to reappear on the 11th April. The
case was tried at the Kanifing Magistrate Court amid a heavy security
presence, including the PIU, police, plainclothes and immigration officers with a
crowd of onlookers who filled the court room and the premises.
EX-GCAA DIRECTRESS GENERAL SHARED ALLOWANCE WITH HER ASSISTANT
By Bubacarr K. Sowe
Maimuna Taal, former directress general of the Gambia Civil Aviation
Authority (GCAA) used to share with her assistant her allowance of $500 dollars from
the airport improvement project, a witness told the High Court on Tuesday,
April 3.
Prosecution witness, Herbert Jaw who is GCAA Finance Manager said this while
under cross-examination at the economic crimes trial of Mrs. Taal.
Mr. Jaw responded to the defence counsel, Antouman Gaye that Taal requested
for only US$350 and directed that the remaining sum be given to her
assistant. He said that both members of the project team were recipients of the
allowance, including himself. He added that their predecessors in the project were
also receiving the allowance, which is coming from the 85% provided for by
the Kuwaiti Fund. The project according to him was initially $21 million U.S
Dollars but increased to $46 million U.S dollars during Malick Cham’s tenure as
Director General.
Mr. Jaw said that he is honestly and legally receiving the allowance, since
the funding agency is still funding the project and no one at the Department
of state for Finance and Economic Affairs has ever questioned their
management team on the allowance. He also said that he is not aware that GCAA’s Board
Members ever complained about it.
He recognised his signature on a payment voucher and admitted making
payments, indicating that it was part of his terms of reference.
In an earlier examination by the prosecutor, Marie Saine-Firdaus, Mr. Jaw
said that he is also doubling as financial comptroller of the airport
improvement project.
He said the project comprises procurement of equipment, construction of
airport access roads and the runway, refurbishment and rehabilitation of the
terminal building, procurement of stand-by generator, among others.
He told the court that the said project was in two phases; the fast track
and the normal scope. The fast track phase which he said commenced in 2002 is
technically incomplete, as the consultant still wants the contractors to do
something.
Jaw said that he cannot remember when the normal scope phase started as they
were experiencing funding shortfalls. According to him it is being
collectively funded by the Kuwaiti Fund and BADEA at 85% and the GCAA under The Gambia
government at 15%. The contract coordinators are receiving US $500 dollars
each, he said, while the project financial comptroller and the project
coordinator earn US$350 as allowances. They also have project vehicles, he added,
with the coordinator getting 1000 dalasis for telephone allowance and the rest
of the team gets 750 dalasis.
Continuing his testimony he said that the payments were stopped when they
were at the National Intelligence Agency (NIA) in January 2006, but resumed the
following month. He could not tell the court when the accused person stopped
receiving her allowance, unless he consulted his files. He identified a
payment voucher of the accused person’s last allowance which is dated September
2005 in which she received 9,700 dalasis equivalent to $300 U.S dollars. He
also recognised a July 2006 payment voucher of the accused person in which she
received 15, 000 dalasis equivalent to $500 U.S dollars.
Jaw identified other vouchers paid to her in October, November and December
2003, and January 2004 in the sum of D37,020 equivalent to $1200 U.S dollars.
The prosecution witness told the court that apart from being the project
financial comptroller he plays no other role.
Trial of Pa Sallah Jeng
“I don’t know whether BCC receives subvention funds,” says witness
By Bubacarr K. Sowe
Howsoon Semega Janneh, a prosecution witness in the economic crimes trial of
Pa Sallah Jeng, on Tuesday said he does not know whether the Banjul City
Council (BCC) receives subvention funds from the Government.
Mr. Janneh, the Director General of The Gambia Public Procurement Authority,
made this statement under cross-examination with the defence counsel, Lamin
S. Camara, before Justice Monageng at the High Court in Banjul. He added that
he does not know whether it is also a statutory requirement for the council
to receive subvention funds from the central government.
The GPPA Director General said that public funds such as rates, taxes,
subvention funds and funds from donor organisations, such as the World Bank and
African Development Bank all require GPPA’s approval in any form of
procurement, as stipulated by the Act.
Earlier on, in his examination-in-chief, Mr. Janneh said that he began
working with the GPPA on February 1, 2003 initially “as compliance Manager and
then as Acting Director General as at now”.
Mr. Janneh said that the GPPA was established by a National Assembly
enactment on December 24, 2000 and assented to by the President on February 1, 2001.
It’s mandate, according to him, is to monitor and approve procurement
activities of procuring organisations such as Departments of State, Parastatals and
local government authorities.
He narrated that there are different forms of procurement methods among
which are open tender, restricted tender and signal source tender.
Janneh revealed that there was a request from the BCC for purchasing a
towing ambulance on a single source basis and the contract was approved because it
was already procured. He added that, had the procedure been followed, the
supply of the ambulance would not have been approved by the GPPA because there
are many dealers in second hand goods who would have tendered bids. On the
request for the purchase of a garbage compactor, the supply was not approved
since BCC did not follow the procedure.
The request according to him was made by the council’s Chief Executive and a
follow up letter was made by the Mayor. He said that he went to the BCC to
enquire about the request but found that the garbage vehicles were already
there even before they approved their buying. On the purchase of a second hand
pick-up vehicle, he said that it was not approved, which was BCC’s third
request. This, he said, was done by the Chief Executive Officer on a single source
tender which did not qualify the method.
Mr. Janneh told the court: “I do not know whether the garbage compactors
were valued for money and they also would not have been approved if procedures
were followed,” stressing that other dealers would have been invited.
He also went on to say that before any procurement awards are made for any
contract, the contractor needs to be registered with the GPPA.
The purpose of following its procedures, he noted, is to minimize corruption
and ensure transparency and accountability which ultimately benefits the
economy and tax payers.
Mr. Janneh continued his cross-examination the following day, Wednesday,
April 4th.
FOCUS ON POLITICS
DIBBA’S FIRST ELECTION CONTEST AGAINST SIR DAWDA
We have been focusing on the History of the Gambia from pre-independence to
post independence era. Earlier on, we had shed light on the N.L.P. (National
Liberation Party)led by Mr. Pap Cheyassin Secka in 1975. Let us pick up from
where we had left. The forth coming general elections was slated for 1977.
Mr. Dibba spent the whole period going up and down campaigning for the
presidency. He had on his side few members of parliament. Influential elders,
illiterates for that matter who had contributed tirelessly in his campaign. People
like Pa Harley Jammeh of Bakau who left the PPP to Join him and Mr. Mass Jobe,
Mr. Solo Dabo, a businessman and so many others, who left the PPP and Mr.
Gibou Jagne who left the UP to join the NCP. Elites like Mr. Bakary B. Darboe
also joined and so on.
All is not also well with the PPP. The workers continued with their strikes
in protest of the break down of the talks between them and the Government.
For example, the G.U.C electrical workers downed tools but the G.U.C
administration intervened quickly to avert humiliating the government because it was
done just the following day 19th January 1976 after the return of President
Senghor from an official visit to the Gambia.They were protesting over what they
called discrimination among workers in the Civil Service in the various
departments.
The same year (1976) witnessed the downing of tools by the Public Works
Department drivers and mechanics on 18th October 1976 in demand of what they
called their “residue of Waller’s recommendation. They claimed unfair treatment
in the award of their “back dues” as was done to other workers in other
sectors of the department. Their Trade Union backed them who later negotiated
with government.
The PPP and N.C.P both criss-crossed often with hitches and skirmishes. For
example, during the PPP rally in Sukuta, according to the Gambia Outlook
reporter, one Suntu Konta, whilst speaking on PPP Platform, he used insulting
language against non PPP members apparently dissatisfied with the low turn out
at the rally. He was heckled by one Momodounding by shouting that “if you
people want others to support your party, you cannot get them by abusing them.”
According to the Outlook, Konta told him that it was none of his business as
he was not invited to the meeting. It was reported that with the exchange of
words, Konta descended from the platform and assaulted Mr. Nding which caused
an uproar, culminating into a fight dispersing the crowd, leaving Yai Compin
women to run helter-skelter.
1976 also witnessed the pilgrimage of Sir Dawda to the Kingdom of Saudi
Arabia. He retuned on the 8th of December 1976. he was accorded rousing welcome
at the Yundum International Airport by high ranking officials of the PPP
diplomatic corps, heads of departments and other eminent personalities. Such
occasions were utilized to acquire the required publicity stunt.
The NCP also held a meeting in Brikama and a Kemo Jatta was said to be
severely beaten by their members. According to Outlook Kemo was acting arrogantly
when the Police arrived prompting his arrest and subsequent detention at the
Police Station.
The U.P and the NLP stormed the news when the two held a joint rally at Sam
Jack Terrace, and Mr. Sekou George acting as the Chairman informed the people
that the U.P and NLP had formed a coalition. He said people were saying that
the U.P was dead. He said the U.P was not dead; that it was maybe because
they were not seen campaigning when the PPP had already started its campaign. He
said the three seats in Banjul were secured for the U.P and the NLP. He did
not say anything about the NCP. That was the time, the people knew that the
NCP was going it alone. Could the NCP win an election without other opposition
parties, became the question of many observers.
But the NCP was struggling to convince its members that they could win the
election. During his provincial tour, he was given a white horse to ride on at
Toro Village which he did symbolizing victory to the throne. At that meeting
Mr. Dibba was made so confident that he declared according to the Outlook
that “It is self-evident that the NCP would form the next government of the
Republic of The Gambia.”
The Gambia Outlook captured the return of S.M. Dibba from the provinces when
he crossed from Nuimi and Badibu. According to Outlook, he was given what
was described as a presidential welcome on Friday 18th June 1976. the Outlook
said Kunkurangs danced, running to and fro, in preparation to make way for
arrivees to enter their vehicles and to allow him to enter in his Dibba’s car
and to proceed with the hundreds of lined up motor vehicles. The reporter
described it as one of the longest carcades ever seen in Banjul. The procession
went through streets in Banjul and ended at the residence of Mr. Dibba at New
perseverance street, with slogans such as “down with Jawara,” etc.
The NCP also had a rally at Bakau where Mr. Pa Mass Jobe expressed optimism
that the NCP was going to win. Was the prediction based on objective analysis
of the political scene at the time or was, it made just to encourage other
people to vote for the NCP? He criticized Jawara’s pilgrimage. He said Jawara
did not fulfil the obligations before going to Mecca such as to see to it
that people were properly well cared for; that there was hunger or Mal-content
in the country etc. referring to the hunger marchers protest. So he asked, “
What did we have?” He said there was unrest in the country, referring to the
worker’s strikes, people were dismissed from their jobs and the country was
left in complete mess. So he asked “Why the pilgrimage when your children are
hungry?” There was laughter and claps.
Mr. Dibba also spoke and said even if the PPP won the election, it could
only accomplish 30% of the five year development plan. He criticized the lack of
prioritizing things by the government.
Mr. Demba Jawo who was a young Freelance Journalist, made his prediction in
his focus on the electioneering at the time, that the anticipation of some
people for a sort of a loose alliance of the three opposition parties to put a
United Front against the PPP was rather unlikely, judging from the difference
in approach to fundamental issues between the NCP and the U.P/NLP coalition.
According to him, the PPP still appeared to be very strong despite the
intensive campaigning launched by the opposition in some parts of the country,
especially around Banjul and Kombo. According to him, the question was whether
the PPP would get an absolute majority to form the next government, was as he
said anybody’s guess.
Mr. Demba Jawo in his letter to Outlook analysing the different parties’
stand point said, there was not much difference between them. He said apart
from the NLP which he opined advocated for what he called Pseudo-Socialism, all
the rest appeared to be conservative capitalists. He said their only opposing
views, he opined, were, who should head the government of the country? He
concluded that neither of them (the opposition) was likely to effect much
changes in policy, either foreign or domestic and said only the approaches were
different.
Mr. Jawo also described the NCP as a one man party which centred everything
on the shoulders of the party leader. He said the PPP referred to them as
dissatisfied or disgruntled elements which he Jawo agreed with.
On the U.P/NLP Alliance, Mr. Jawo opined that it was prompted by ethnical
ties between the two leaders and not less so by the sense of regionalism
because as he said, both drew support from Banjul. Their doing better rest on their
combined strength, he opined.
On the PPP, Mr. Jawo analysed it as bureaucratic in Outlook eventhough it
had managed to become a truly nation-wide party cutting across both tribal and
regional boundaries.
So as it stands now, The Gambia was poised to go into an election having
parties almost of the same programmes. The nomination day for the presidency was
done on the 14th March 1977. according to the constitution in 1977, the
party returning the most members to parliament would be vested with the
unquestionable right to elect from among their ranks and file the person they deemed
suitable to fill the exaulted post of Head of State of the Nation.
According to the Outlook, the PPP nominated Sir Dawda K. Jawara and Hon.
S.M. Dibba was nominated by the NCP, before Sir Philip Bridges at the Supreme
Court No.1. Each party must have over 100 registered voters supporting their
nomination. It was also reported that Mr. S.M. Dibba experienced difficulty when
he wanted to enter the court premises because the PPP supporters refused to
leave the area after their nomination and his own supporters who turned out
in large numbers which prompted Police Intervention.
See next issue for the 1977 campaign proper and elections.
Wallidan Thump Sait Matty, Ports Wobble B/United
By Musa Barrow and Madiba Singhateh
Wallidan FC produced a master class performance to beat Division 1 returnees
Sait Matty 4 goals to 1, on Wednesday at the Serrekunda West grounds.
It took Wallidan only seven minutes to unlock their opponent’s defence,
Amadou Gaye received the ball inside the 18 yard area and he rifled pass the
helpless Sait Matty Goal keeper. The 2005 league champions cruised to the top of
the table at the expense of Real who had game against Armed Forces did not
proceed due to the latter’s engagement in the ongoing Walo football
competitions.
The remainder of the second witnessed an intense battle between the two
sides as each side struggled to establish their dominance. Both sides created
several goal scoring chances but fine goalkeeping and poor finishing, ensured a
lone goal for the first period.
When hostilities resumed in the second period, Sait Matty’s hope of getting
back to the game were shattered as they were in the receiving end just 3
minutes into the second half. Pa Modou Ngum’s sublime free-kick doubled Wallidan’
s advantage in the 47th minute and in 66th minute; substitute Sainey Touray
made it three to the dismay of Sait Matty. At this stage the remainder was
just a formality as Wallidan pass the ball round the length and breath of the
park as Sait Matty chased mere shadows. However, Lamin Sanneh snatched a goal
back for Sait Matty in the 88th minute and Wallidan complete the routing deep
inside injury time, when Amadou Gaye grabbed his second of the day.
At the Serrekunda East grounds, Gamtel drew two against Steve Biko in the
other game of the day.
On Thursday, Gambia Ports Authority FC, humiliated Bakau United by three
clear goals a the Banjul playing grounds. It took the Ports only 7 minutes to
take the lead through Gibou Drammeh who headed twice to beat United’s keeper.
And three minutes later Hatab Badjie made it two killing off the game. But the
humiliation was not finish until the 86th minute when teenage substitute
David Sambou lobbed the ball over the Bakau United keeper to register Ports’
third goal.
Gambia Win WALO Sports Competitions
By Amie Sanneh
The Gambia Armed Forces won all competitions in the 34th WALO games at the
Independence Stadium. The GAF football team defeated their Guinean
counterparts in the final 3-2 in post penalty shootouts whilst Abdoulie Sonko emerged
champion in the wrestling category.
In the final of the football category on Saturday, Abdou Darboe put the
Gambian side ahead in the 34th minute of the first half and the Guineans leveled
terms in the 88th minute when Alsony Bangura capitalized on a defensive error
by the Gambian defense.
GAF could have put the game beyond the reach of the Guineans as they created
numerous chances but their efforts shied away from goal. And when the
Guineans leveled terms memories of their first encounter in the group stages
resurfaced when the Guineans fought back to level the three goals deficit they
conceded in the first half. As both sides struggled to steal the day at the last
gasp but the final result had to be decided on penalties. And as luck seemed
to be on the side of the homers, their Keeper emerged the hero as he stopped
two and another flew wide conceding only two.
To wrap the competitions in style, Abdoulie Sonko proved indomitable in the
wrestling combats, lifting the President Jammeh donated trophy. The football
trophy was also donated by President Amadou Tumani Touray of Mali.
Zone II Boxing: Gambia Collect 3 Medals
By Madiba Singhateh
Gambian fighters collected three medals in the recently concluded zone II
boxing championship at the B.O Semega Janneh hall at the Serrekunda East
playing grounds.
Patrick John Mendy knocked out Guinean Momodou Samba Bah to collect gold in
the 69kg category whilst Babucarr Camara and Tijan Kebbeh took Silver. Camara
fell to Jose Correa of Cape Verde in the 64kg category. Tijan Kebbeh was
also knocked down by Senegalese Assan Faye, the African champion in the 75kg
fight.
The three have now qualified to represent the Gambia in the All-Africa games
to be held in Algeria in July this year. They will also participate in
another competition next month in Madagascar.
Gold medalist Patrick John Mendy, when speaking to Foroyaa-sport called on
government and the general public to support boxing and in particular their
trip to Madagascar. Mendy started fighting in 2006 is hoping for an early
preparation to put up a good showing in the far south.
Other winners also include Jose Tavere of Cape Verde 51kg, Moodoou Serifou
Diallo Guinea 51kg, Marleye Camara Guinea, 91kg and Oumar Jatta Senegal 91kg.
Sierra Leone will host the next Zone II boxing competition.
Sukuta Playing Field to Go Green
By Musa Barrow
The Sukuta football field will be grassed to transform the ground into a
standard playing field, in an eight hundred thousand dalasis (800,000) project
by the Sukuta Youth and Sports Association (SYSA).The project which was
launched by the SoS for Youth and Sports Sheikh Omar Faye, will also include a
perimeter fence round the playing ground.
In his introductory remarks, Buba Cham chairperson of SYSA said the source
of funding for the project is gate fees donations and fundraising activities
undertaken by the association. He emphasized that the cardinal objective of
his association is to develop the young in order to enable them fully
participate in nation building, and applauded the various football clubs in Sukuta for
their understanding.
Also addressing the gathering, Sheik Omar Faye called on the youths of
Sukuta to exercise discipline noting that discipline is the cornerstone of success
in life. The SoS further challenged the youths to do away with the practice
of constant “attaya” drinking and make the best use of the playing ground.
The National Assembly member of the area Honourable Adama Cham and the
President of the Gambia Football Association Seedy Kinteh also addressed the
gathering.
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