Tombong I hope this news article clarifies the issue. You seem to be mis-informing us of what crime Baba Jobe did commit. This is not the time for you to start being the DEVIL'S advocate. Accept that your majority leader is in trouble and this is embarrassing for the APRC supporters. Please read the latest from the INDEPENDENT; Temporary Reprieve for Majority Leader Hon Jobe Bailed, Charged Under Decree 86 The Independent (Banjul) NEWS November 17, 2003 Posted to the web November 17, 2003 By S.b. Camara Banjul The high-profile fraud case involving Majority leader Baba Jobe is set for December 8 after lawyers on his behalf successfully argued for him to be granted bail after he was questioned in connection with alleged economic crimes ranging from tax evasion, money laundering and the issuing of a bogus cheque to The Gambia Ports Authority. He was made to spend a cold and desolate Thursday night in police custody and charged with fraud under Decree 86, new section 296A Cap 10 (amendment of the criminal code 1996). According to the relevant section of the decree "any person who (a) without reasonable excuse proof of which shall be on him issues any cheque drawn on any bank with which he has no account, or (b) issues any cheque in respect of any account with any bank when he has no reasonable ground proof of which shall be on him to believe that there are funds or adequate funds in the account to pay the amount specified on the cheque within the normal course of banking business, or (c) with intent to defraud, stop or countermands any cheque issued by him shall be guilty of an offence and liable on first offence to a fine of not less than D10, 000 and not more than D25, 000 or imprisonment for a term of twelve months or both and in the case of any subsequent offence to a fine of not less than D25, 000 and not more than D50, 000 or to a term of imprisonment not exceeding five years". According to the ensuing section of the decree no person shall be guilty of an offence under subsection 1 (b) in respect of a cheque, which is presented for payment later than three months after the date specified on the cheque for payment. Bogus cheques allegedly issued to the GPA by Baba Jobe amounts to D2, 288,000.65 (Two million, two hundred and eighty-eight thousand dalasi and sixty-five bututs). A subdued Baba Jobe appeared as first accused while a Youth Development Enterprise confederate identified as Baba Kanteh was recorded as second accused. The defendants' lawyer Mai Fatty insisted on his clients' right to bail, although the Director of Public Prosecution Agim objected to this, advancing reasons revolving around the uncertainty of allowing the defendants freedom in view of their past record. The DPP's fear was that Honourable Jobe who has a UN travel ban hanging over his head would try to evade justice by skipping out of the country's jurisdiction. Agim also argued that if Honourable Jobe was granted bail, he may use his social influence to jeopardise the investigation of the police and may even jeopardise the work of the prosecution, who he said possess documents attesting to the majority leader's tax evasion amounting to D100, 000000 (One hundred million dalasis). He further submitted that another document showing D168, 000000 (One hundred and sixty-eight million dalasis) was also in the hands of the prosecution. However, Agim later agreed for a bail grant provided the defendants' presence in court could be obtained whenever the need arose. Meanwhile Defence lawyer Mai Fatty putting forth a robust defence of his client and why he must be granted bail, submitted that Jobe is a philanthropist, who has contributed to the welfare of many students. He also used the international travel ban on Honourable Jobe to plead for some understanding that would allow his client to be granted bail, although Agim quickly demanded that such a travel ban should be explained in the court. When Mai resumed his robust defence of his client he told the court not to forget that Honourable Jobe is the majority leader in the National Assembly, and represents thousands of people in such a venerable national institution. "Baba Jobe is an innocent man until the hearings prove him guilty" he opined. Lawyer Fatty argued that since Baba Jobe had complied with an earlier UN travel ban resolution, there is no cause to believe that he would try to do anything untoward in a bid to evade justice. He said coupled with Baba Jobe's role and status as a leading member of the APRC executive committee "he is also a legislator, who is a keen believer in the rule of law". When Justice Paul spoke, the defendants breathed a sigh of temporary relief. Justice Paul upheld the defence argument for bail with two Gambian sureties as he ruled that the case should begin in earnest on December 8 2003. As the case was in progress, the parked courtyard was under heavy security from armed policeman who at some point cocked their guns as Honourable Jobe's sympathisers grew restive and sparked a commotion. It was during such a commotion that Lamin Fatty the Libyan-trained personal bodyguard of Honourable Jobe was arrested by the police for obstructing a police officer in the course of duty. He was taken to the Banjul police Friday afternoon but was released on bail several hours later. As at press time Saturday, reports suggested that Baba Jobe's home telephone lines have been disconnected. --- TOMBONG SAIDY <[log in to unmask]> wrote: --------------------------------- Abdoulie, This is an interesting article and your analysis of the situation is very good. This case of Baba is an interesting development. In paper and in the courts, he is charged of owing Government about D97 million, but this is not enough to to detain some one in police for 24 hours. Besides, it is not him personally who owes Government but THE YOUTH DEVELOPMENT ENTERPRISE LTD (YDE), the YDE is a limited liability company. He is not a share holder according to the papers at the registrer of companies, however he is the chairman of the board. They (YDE) have also made a payment plan to settle the amount and have issued a some posted cheques some of which have already cleared. He was charged along with the Managing Director of the company, Baba Kanteh. Most people believe there is more to this. With what is presented in court, he will work and pay (pay when able), something he is already doing. We are all waiting for more developments to come so that we can make some sense out of this case. There are all kinds of rumours and guess work, but only President Jammeh knows what going on and what he is doing. Any how it is an inetersting political issue to debate and analyse and as you can imagine all political pundits in are trying to make something out of this. Time will tell. PEACE Tombong Saidy >From: Abdoul Njie >Reply-To: The Gambia and related-issues mailing list >To: [log in to unmask] >Subject: Re: NEWS FLASH : Baba Jobe Under Arrest- LEKBI >Date: Fri, 14 Nov 2003 17:45:22 +0000 > >Regardless of whether or not the arrest of Baba is a ploy or >appeasement, >one thing that is clear is that there seem to be a high degree of >ambiguity >as to the exact reason why this once revered and supposedly >invincible man >has been arrested. > >On one hand, we hear Tombong’s mild and cautionary explaination >indicating >that he is being questioned and indeed HELPING the police, which in >my >opinion reminds me of the Wollof saying that “ KU YARR SA MBOR, BALA >MO DAN >KEN, DAAN LA in translation “ When you train your fighter, before he >challenges anyone, he will challenge YOU. > >This clearly means that, whether Yaya Jammeh need to first audit >himself as >highlighted by his opponents in numerous postings on both the G-L >and >Gambia Post is just one issue amongst many. One thing is for sure- >Jammeh >has now realized that this same person could cause him his >presidency if he >does not do something about him. > > >We also see the anti-Jammeh camp jubilating this arrest and as usual >dispensing rumors without toroughness and substantiation ,and in >some cases >inaccurate such as the recent publicized resignation of Isatou Njie >Saidy >and Singateh, but yet fail to pay attention to the pattern, which >for years >has been the modus operandi of the Jammeh regime. > >One thing for sure is that Jammeh could very well be given an award >for >mastering the revolving door policy, which in my opinion ensures >infinite >loyalty from his administration. Because if one knows that all he >has to do >after he/she is sacked from him job is to sit around and wait to be >reinstated in some other similar position then why should the >sophisticated >observer even bother to take heed? > >I therefore think that, on one hand Baba Jobe could very well be >COLLATERAL >damage in the administration’s quest to supposedly find a solution >to the >poor and deteriorating economic conditions under pressure of the >World Bank >if indeed this exists, which clearly lead me to also lend some >attention to >his OPERATION NO COMPROMISE which he says knows no boundary >regardless of >whether it is credible and fair, because it seem to put some on the >WHO’s >NEXT ALERT list. > >If one has been following the forum carefully, is this not the same >person >who is accused of human rights violation and diamond trafficking, >criminal >acts and widely regarded as the one and only bold enough to face >Jammeh >without fear? Therefore, if Jammeh is an astute and a wise >politician, it >is NOT unreasonable for him to quickly discard him either this time >or the >next time around and he better remember the seemingly accurate >wollof Saying > that “ SA MBANGI DOW, DU DON SA SOPE REN” in translation “ once a >FOE, >often times a FOE. > > >In conclusion, it is my opinion that similar to the cases of many >government >officials such as Jatta, Deen, Sillah Bai , the recent Central Bank >electric >broom exercise and many others, this too will soon and quickly be >regarded >as a misunderstanding, particularly when there already seem to be >insinuation that these bounced( Dishonored cheques) written by Baba >Jobe >were postdated and to be presented at a later date- HIS DEFENSE. > > >Best Regards, >Ablie Njie- Lekbi >Atlanta > >_________________________________________________________________ >Great deals on high-speed Internet access as low as $26.95. >https://broadband.msn.com (Prices may vary by service area.) > >~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ >To Search in the Gambia-L archives, go to: >http://maelstrom.stjohns.edu/CGI/wa.exe?S1=gambia-l >To contact the List Management, please send an e-mail to: >[log in to unmask] > >To unsubscribe/subscribe or view archives of postings, go to the >Gambia-L Web interface >at: http://maelstrom.stjohns.edu/archives/gambia-l.html > >~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ --------------------------------- MSN 8 helps ELIMINATE E-MAIL VIRUSES. 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