The Independent
March 9, 2001
Banjul, the Gambia
With the repeal of Decree 89 reportedly imminent, another obstacle is being placed on the path of first-republic politicians by a government white paper banning eleven of them from holding public office for various periods.
The government white paper on the report of the Public Assets and Properties Recovery Commission, ordered that ex-President Sir Dawda Jawara be banned from holding public office in The Gambia for 20 years. The Commission had earlier recommended that ex-President Jawara be disqualified for five years in view of his "pioneering role in the attainment of independence and the governance of the country."
However, the government white paper argued that Sir Dawda's "pioneering role" was not enough to vitiate "the flagrant disregard for the laws, rules and regulations of this country and the corruption he presided over, evidence of which was before the Commission".
Apart from cataloguing the ex-president's "irresponsible" financial misconduct, the white paper also claimed that the pattern of embezzlement continued a few days after Sir Dawda's overthrow. It recalled that the ex-president on July 26 1994 caused by a fax letter the transfer of (10,000 pounds) D147, 500 by the Standard Chartered Bank (Gambia) to his offshore account, "which was affected on 28th July 1994 by the said bank."
Saihou Sabally Gambia's vice president at the time of the coup was banned from holding public office for 15 years, despite the Commission's recommendation for a ten-year ban. Bakary Bunja Dabo was also disqualified from office for ten years.
The Commission also recommended that M C Cham be disqualified for ten years but the government increased the ban to 15 years, in view of the fact that "M C Cham was most disobedient to laws, rules and regulations of the state in relation to company law and commercial activities to the detriment of the state".
Landing Jallow Sonko also faces a ten-year ban upon recommendation by the Commission. Omar Jallow (OJ) is under a five-year ban and so are Omar Sey, Amulie Janneh, Lamin Kiti Jabang and Hassan Jallow. Alhaji Yahya Ceesay was also disqualified for 15 years.
It is however not quite clear as to when the ban took effect. Sources say it has been the subject of a stormy debate in judicial circles, among officials divided over whether to accept 1997 when the report was submitted or July 22 1994 when the PPP administration was overthrown. The government white paper is said to have the force of a high court order and makes its recommendations binding.
Decree 89 according to a legal expert, is part of the laws of the land and so carries a heavier weight than the white paper.
Observers say even if Decree 89 were repealed, many banned politicians of the first republic would still face another obstacle hitherto unknown. However, Dr. Lamin Kebba Saho, Sarjo Touray, Mbemba Jatta, Buba Baldeh, Matthew Yaya Baldeh, Alkali James Gaye, Alieu EWF Badjie and Mrs. Louise Njie were not affected by the disqualification order. The white paper had also ordered that their assets be de-frozen after no evidence was shown that they inappropriately benefited from the state. The same order also applied to Hassan Jallow.
The Public Assets and Recovery Commission was set up in November 1994 by the Armed Forces provisional Ruling Council (AFPRC), among other things, "to investigate the existence, nature and method of acquisition of assets and properties and other related matters of all persons in the schedule who were public officers from within the period 11th May 1987 to 22nd July, 1994 and to inquire into and investigate whether such assets and properties were acquired lawfully or otherwise".
The Commission was also empowered to investigate whether those involved maintained a standard of living above that which was commensurate with their past official emoluments; or "whether they were in control of pecuniary resources or property disproportionate to their past official emoluments".
The Commission took about 30 months to submit its report to President Jammeh, and the government white paper was mostly based on its recommendations.
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