>From: "Joe Sambou" <[log in to unmask]> >Reply-To: [log in to unmask] >To: <[log in to unmask]> >Subject: [Fwd: Foroyaa Newspaper Burning Issues] >Date: Thu, 11 Mar 2004 05:45:38 -0500 (EST) > >-------- Original Message -------- >Subject: Foroyaa Newspaper Burning Issues >From: "Amie Sillah" <[log in to unmask]> >Date: Sat, March 6, 2004 10:15 am >To: [log in to unmask] > > >Foroyaa Newspaper >Issues No.18/2004, 1-3 March, 2004 >Editorial >Where is Juwara?, where is Jammeh? >"Contrast of Destiny" >Retribution that is not restrained by reason and justice becomes >excessive and repugnant. Such retribution makes justice not to be seen to >be done. This form of retribution promotes the culture of impunity, >intolerance, bad faith and revenge. President Jammeh has great >opportunity to preside over a country where leaders can come and go >without disturbing the peace of the land. This requires the preoccupation >by all sides of the political spectrum to build the quality of democracy >that would enable the people to instal and remove leaders according to >their sovereign will. Leaders who come just to serve for a limited term >and are preoccupied with the empowerment of the people can never be >obsessed with security. They would know that they are there just for a >limited term and that the people would not allow any insurgents to use >their authority to act and remove governments. Such leaders know that >even if they are assassinated others will be there to continue the work. >Olof Palme of Sweden was assassinated but the Social Democratic Party >continued to earn the respect of the people. Only leaders who want to be >Presidents for Life become very insecure and must rely on the issuing of >threats and other forms of psychological warfare to counter their >imagined or real threats. A peaceful country does not need such a >leadership that perpetuates a climate of insecurity just to feel secure. >A sincere leadership, which is confident of the maturity or support of a >people would be able to respond to any threat to march to a state house >with words questioning whether one’s opponents have such power over the >vast majority of people. Such a leadership would have responded by >telling an opponent to use that power to remove him/her in an election. >Such is the fair-minded and secure leadership that Gambia needs. Such a >leadership can tolerate all shades of opinion and bring them to contest >for leadership position by putting their programmes and policies before >the people. Such a leadership would recognize the leadership positions of >all sectors of society, be they cultural, religious, professional, or >civic. It would consult with all and give due respect to the views of >all. In this way, the country will not be seen as the private property of >its head of state but as the property of the Gambian people. Leaders >would be seen not as Kings but as Chairpersons of a team of experts >trying to find solutions to the burning issues confronting the country. >As you read this issue, please reflect On the Contrast of Destiny. Before >the 1994 Coup d’etat President Jammeh was in the Military Police and Mr. >Lamin Waa Juwara was an elected Member of the House of Representatives. >President Jammeh marched to the State House and became Head of State. >Juwara threatened a march to the state house and is now at the Central >Prisons at Mile Two. President Jammeh recently presided over a musical >jamboree to raise funds for his presidential elections and went back home >to be a family man. Juwara is lying on a hard wooden plank away from his >family and children. Interestingly enough, he advised his supporters not >to confront the state as he went to Prison. Isn’t that enough indication >that the words he uttered regarding a march to the state house did not >amount to a call to overthrow the government by force? What is Jammeh >waiting for when he has all the prerogative to release Juwara to promote >peaceful coexistence of political parties in the country? Will he >continue to look in the other direction and preach the gospel of the >national anthem when he can defuse hatred and civil strife by acting with >magnanimity in the right place and at the right moment. The future will >tell. In the mean time all those who write to him to exercise his >prerogative to release Juwara should copy it to Foroyaa. Baba Jobe’s >Trial >"I Guaranteed JULAKAY D31 Million at AGIB" >Part 18 >The majority leader, Baba Jobe, who is facing six charges of economic >crimes and other offences disclosed to the court, under cross-examination >by the D.P.P., that the power of attorney that he gave to his lawyer, Mai >Fatty was specifically for his relationship with Julakay Engineering and >Construction Company. The majority leader asserted before a courtroom >full to capacity that during his detention one Ansumana Marena, a >business partner of his told the people and the press that he Ansumana >Marena owns Julakay Company. Mr. Jobe asserted further that he is the >chairman of the said engineering and construction company whilst Ansumana >is the managing direction. He added that since his partner, Ansumana had >taken such a move during the course of his detention, he Baba Jobe, being >the guarantor of the company for D31 million, also thought it prudent to >give his lawyer power of Attorney to arranged withdrawal of the D31 >million guarantee from the Arab-Gambian Islamic Bank (AGIB). Continuation >of evidence of Baba Jobe. >In continuing his examination of Baba Jobe, Lawyer Lamin Jobarteh on >Wednesday 25th Feb. 2004, began thus: Q) Hon Jobe, have a look at >Exhibits AA2 and AA4 and tell the court what they are? A) They are >documents of YDE >(Q) Look at AA2 and read on top of it? >(A) Youth Development Enterprise. >(Q) Can you tell the court their difference? >(A) Company. >Q) Do you know if it is registered? >(A) Yes we gave it to our secretary to do so. >(Q) Do you know what gave rise to the difference between the two >documents? A) When the activities of YDE became enlarged, since our aim >is to reach every village and town in our drive towards poverty reduction >as by the aims and objectives of YDE, we decided to distribute the shares >and re-register the company. Q) Was it finally re-registered? >A) Yes. >Q) As what? >A) YDE only and no more. >Q) Before this distribution of shares were you a shareholder? >A) Yes. >Q) Did you pay any money for your shares? >A) No. >Q) Did any of the shareholders pay money for their shares? >A) No, these were just nominal shares, since we all know the financier. >Q) Hon Jobe, are you aware that you and your co-accused are charged with >economic crimes causing losses to the state. A) Yes but my Lord we are >not public or civil servants operating with the tax payers’ money. Since >we are a company named YDE, then during the course of our operation, when >we have the cooperation of any state official for all these three years, >it is those state officials who had caused economic losses to the state >and not us in the YDE. Shown Exhibits T and U, booklets containing >single administrative document forms (SAD), and asked to look at them if >they have any dates of preparation? A) Well my Lord from what I see, some >have but most do not have. >Q) Since the commencement of YDE’s operation when you prepare and submit >your SAD forms with your application for direct delivery to the Customs, >have you ever been denied delivery by the GPA and Customs? A) Never. >Each time our consignment arrives we prepare our SAD forms and >application for direct delivery. When we take it to the DG Customs and >contact the former SoS finance as by the gentleman agreement he will >instruct his P.S in the person of Bammy Jagne to arrange for a direct >delivery with the DG Customs. Q) Hon Jobe, now prior to the letter from >the GPA relating to the Standard Chartered Bank, have there even been >request for the payment for YDE’s shipments? A) Not at all? >Q) Do you know the reasons that led to this surprise request? >A) My Lord, as a member of this government we (YDE) know that there is a >problem which I do not need to elaborate on now. Q) After all this did >you know if YDE made any attempts to pay? >A) Yes, we paid D2.5 million to GPA during the course of this trial. >Shown a receipt acknowledging the payment for the D2.5 million by the GPA >and asked if he can identify it. A) Yes, this is the receipt for the >payment. >Q) Whose name is on it. >A) Baba Jobe. >Q) Did you make the payment personally? >A) No, I gave the amount to my lawyer Mr. Fatty to do the payment on >behalf of YDE. Shown a letter written by Mr. Jobe’s lawyer Mr. Fatty, >introducing the payment to GPA and advising them that the payment is on >behalf of YDE and asked if that is the letter which accompanied the >payment. A) Yes. Mr. Jobarteh then informed the court that is all so far >for the witness. End.CROSS-EXAMINATION OF BABA JOBE BY DPP AGIM. >The DPP started his intervention with the following questions:- >Q) Mr. Jobe is it correct that YDE is owing the GPA and customs for goods >they have ordered into The Gambia from 2001 – 2003? A) Yes. >Q) Shown exits and asked what it is about? >A) It is the minutes of the meeting of the board of YDE. >Q) How many members were present in your that meeting of the board? A) >We were five. >Q) Was it during that meeting that you decided to distribute the shares >of YDE? A) Yes. >Q) Did you tell the other members of your board that you had entered into >a gentleman’s agreement? A) Yes. >Q) Is the gentleman information to the board recorded in those minutes? >A) No. >Shown Exhibit 2 and asked if it is containing a record of the gentleman >agreement? A) No. >Q) As by Exhibit 2 did you accept liability to the GPA? >A) Yes. >Q) Did you by the same exhibit 2 at any time denied not legally bound >liable to pay GPA? A) No. Q) Hon Jobe am I right that the essence of >direct delivery is to take out goods from the port without any payment, >pending your production of a duty waiver or for a duration of 90 days >period after which payment can be effected? A) That is right. >Q) Did you at any time in any of your applications for direct delivery >mention the existence of a gentleman’s agreement between government and >YDE? A) No, since there existed an understanding between us all these >years. YDE have been receiving its goods without any problem. Q) With >whom did you discuss the issue of gentleman’s agreement? >A) The former SoS for Finance, his P.S and external affairs because I >have done a lot of services for them without pay. Q) So Famara Jatta and >Bammy Jagne know every thing about the gentleman’s agreement? A) Yes, >all that concerns them. >Q) Does Famara Jatta know about this gentleman’s agreement? >A) Yes of course, he is the one who introduced the idea. >Q) I put it to you that there never existed any agreement either >gentlemanly or ungentlemanly between YDE and government of The Gambia? >A) There is an agreement. >Q) I put it to you that there has never existed any agreement, either >gentlemanly or ungentlemanly between the YDE and the Government of the >Gambia? A) Yes there is a gentleman agreement. >Q) Mr. Jobe, are you in the position to pay for all these monies YDE is >owing to both the Customs and GPA? (A) Well I cannot tell since I am >under detention. >Q) How much did you say should have been paid by YDE on that 18,000 >metric tonnes of rice of Rustal Trading? A) D8,455, 940.00 >Shown exits A, B, G and M and asked if they are demand notes from GPA? >A) Yes. >Q) Why then did you not pay GPA all the time? >A) Well, we are paying as evident and we were in the process of >negotiations before this case. Q) Why did you not pay GPA on demand? >A) Well, we could not since all these years we were never asked to pay. >This is why we went into negotiations before the commencement of this >case to come up with a payment plan. Q) Do you know how long it will >take YDE to complete payment of all that it is owing GPA by your proposal >of D100,000 monthly? A) No I don’t know. >Q) I put it to you that it will take 25 years. >A) Well that is our proposal but GPA did not reply. >Q) Mr. Jobe, are you aware that you are owing the Central Bank of The >Gambia D150 million? A) No. >Q) Are you aware that as a result there is a suit against you in the high >court? A) No. >Q) At this stage Mr. Jobe was shown a copy of the suit and asked to read >on top of the suit? The witness said it is the State V/S Lang Conteh, >Baba Jobe and Global Finance and Assets Management Ltd. The DPP then >moved to tender the document, the defence counsel Lamin Jobarteh objected >on the grounds that the said suit is yet to be before the court, secondly >the witness had denied knowledge of it and thirdly counsel Jobarteh >questioned the essence of the suit in question by citing section (3) of >the Evidence Act. The DPP for his part told the court that the said suit >is very important to the court since it will help the court to determine >what type of witness is before it. The court then moved to admit the >document and marked it as an exhibit. Q) You told the court that the >agreement between YDE and Rustal Trading was based on sale and return? >A) Yes. >Q) What do you mean by sale and return? >A) It means we pay for an advance of one million dollars as by the terms >of our agreement and the guarantee of D300,000 dollars, then after >receiving the goods we can sell and then pay for the balance. Q) Is it >stated anywhere in the agreement that after you sell the goods you can >pay? A) Yes. >Q) Can you take the agreement and read that portion? >A) Paragraph 5 states that the buyer shall pay for the balance after the >discharge of the cargo which shall last for 90 days. Q) After you paid >the one million dollars what happens with the balance of the $1.56 >million dollars which government guaranteed YDE for at the Standard Bank. > A) As I said the said 1.56 million dollars from the Standard Chartered >Bank has to be connected with the YDE – Rustal Trading relationship. >Shown the copies of the insurance of YDE vehicles and asked if they are >for YDE alone. A) Yes. >Q) Is there any thing in writing on those insurance papers to show that >there are other users of the vehicles other than YDE? A) No. >Q) What does YDE do when you receive a consignment of goods? >A) YDE’s clearing agent Mr. Buba Senghore lodges a request for an >application of direct delivery, which he takes directly to the director >general of Customs after writing it. Then I as the CEO will go to the SoS >finance, Famara Jatta, who will then instruct his P.S. Bammy Jagne to >arrange the direct delivery. Shown copies of invoices and asked if they >have been faxed to YDE by their suppliers during the YDE and Custom’s >reconciliation process. A) Yes my Lord, this was after we were unable to >find out the where about, of our original invoices and the customs had >asked us at the YDE to provide them with our copies of invoices during >the reconciliation exercise. Q) How then was it possible that you were >going to finance department with a copy of an invoice each time you >receive a consignment? A) I was using those originals, which we had >misplaced. Like I was saying my lord it is in that light that we >requested our suppliers to send us all copies of invoices covering the >period in question. Q) Shown a copy of a document and asked what it is? >A) My Lord this is a power of attorney I gave to my lawyer Mr. Fatty. The >DPP applied to tender the document. Mr. Jobarteh again rose to object on >the grounds that firstly the document in question is a photocopy and that >it has no relevance to the case. Secondly the witness is saying that it >is a client to counsel relationship. Mr. Jobarteh then urged the court to >reject the document on the basis of its relevance. The DPP in his reply >to the defence intimated to the court that the relevance of the document >couldn’t be emphasized, since the witness is one of the accused in the >case before the court, which is economic crime. He argued that the >witness knows fully that it is obvious in cases of economic crimes that >when one is guilty normally the court does not only stop at the payment >of the amount in question but orders that when not paid all the >properties of such an accused are confiscated to the state to be sold and >paid for the balance. The DPP! > opined that it is in that light that the power of attorney is issued to > cover the assets of the accused, as any would be judgment. The court > overruled the objection of the defence and admitted and marked the power > of attorney as Exhibit AA2O9. >Q) Who advised you on the said power of attorney? >A) My lawyer. >Q) Who is your lawyer? >A) Mai N.K Fatty >Q) Read it. >A) The document talked of every kind of property of Baba Jobe. >Q) Do you have a family? >A) Yes. >Q) You have children, wife, relatives and parents? >A) Yes. >Q) Why did you not give such a power of Attorney to all those people but >to some one who is just a lawyer? A) My Lord this was for a specific >purpose. >Q) What is that? >A) My lord after I under went this trial and while under detention there >is a company that I guaranteed for D31 million at the AGIB Bank. It is >the managing director of that company which is called Julakay Engineering >and Construction Company, Ansumana Marenah, who told the press and some >people that he is the owner. He is the managing director and I am the >chairman. It is for this specific purpose that I gave the power of >attorney to enable him to go to the bank to discuss with them and >withdraw my guarantee. The matter is adjourned to 1st, 2nd and 3rd March >2004. The Trial of Modou Soma Jobe >"Court Refuses to Strike Out Case" >The trial of Modou Soma Jobe, the former Commissioner of North Bank >Division resumed on Wednesday, 25th February at the Farafenni >Magistrates’ Court. When the case was called the trial magistrate Mr. E. >F. Mbai asked the accused for his counsels, namely Mr. Borry Touray, Mr. >Edu Gomez and Mr. Jobarteh. The accused told the magistrate that some of >his counsels were busy at the high court and one of them had travelled. >Cpl. Jammeh the Prosecutor stood up to ask for an adjournment. When the >Magistrate asked for his reasons he said Sgt. Jahateh who was absent >during the last sitting was not in court and secondly the file was not in >hand. At this point Echezona Chime announced his presence for the >accused, saying that Lawyer Borry Touray sent him to hold brief for him. >Mr. Chime objected to the application filed by the Prosecutor saying it >is not Sgt. Jahateh who had a case in the court. The case is Modou Soma >Jobe vs. IGP, if the IGP assigned Sgt. Jahateh for this case, Jahateh >should make sure that he makes himself available. He reminded the court >that the previous sitting was adjourned because Sgt. Jahateh was not in >court; today also he was not here. Lawyer Chime went on to say Cpl. >Jammeh cannot hold brief for Sgt. Jahateh in law. He said Sgt. Jahateh >had no case to pursue, that’s why he was absenting himself from court >sittings. He called on the presiding Mag! istrate to go on with the case >so that the law can take its cause. That it’s up to the IGP to reassign >the case to another person or if IGP no longer wanted to proceed, he may >withdraw his case. Lawyer Chime at this point applied for the case to be >struck Out, saying: "Your Lordship I think after this submission this >case be thrown out the court. The court will have no alternative but to >strike out this case putting into consideration that the Prosecution is >not ready to proceed with the case." In making his ruling on this >application, Magistrate Mbai rejected the application of Lawyer Chime >saying the accused person has three Lawyers and he expected at least one >of them in court and lawyer Chime was only sent to hold brief for Lawyer >Borry Touray. So he had no objection to the application filed by Cpl. >Jammeh. So he then adjourned the case till the 10th March 2004. Trial of >Lang Conteh and Co >The Former Head of the Foreign Exchange Department of the Central Bank, >Lang Conteh is facing two trials at the High Court in Banjul. The >proceedings of both trials resumed on Wednesday 25th February 2004. In >the first trial, Lang Conteh, Baba Jobe and Global Finance & Assets >Management Ltd were charged with economic crimes contrary to Section 5, >paragraphs (a), (b), (g) and (h) of the Economic Crimes (Specified >Offences) Decree No. 16 1994. The matter is before Justice Paul of the >High Court. In the second case Lang Conteh, Begay Ceesay, Betty Saine, >Bintou Conteh, Mrs. Nyanya Joof and Wetchit/Faling Bureau de Change Ltd >are facing similar charges of economic crimes. When both cases were >called none of the accused persons appeared. The Director of Public >Prosecutions then stood up to say that he was representing the state. He >told the court that the accused persons had not been served on time. He >applied to the court to grant them more time to prepare and serve the >Defendants properly. The application was granted and both cases were >adjourned till today 1st March. Interview with Halifa Sallah >On Trips to Tanzania, France, Oil, Juwara, Baba Jobe and the Proposed >Coalition Foroyaa interviewed Halifa Sallah on his recent trips to >Tanzania, France, the issue of Oil, Juwara’s incarceration and Baba >Jobe’s continued detention and the prospects of a Coalition. Halifa spoke >about ethical conduct in running political parties and governments, the >lack of commitments of government in developing countries and donors in >the fight to eradicate poverty, the need to demystify the IMF and World >Bank, the need for National Energy Commission as an Independent Public >Authority to oversee the development to energy resources without >compromising the environment. The need for President Jammeh to exercise >his constitutional prerogative to release Juwara to defuse political ill >feelings and his intention to write to the President and the Attorney >General for them to act and prevent members of their cabinet from being >held in contempt of the National Assembly. He argued that Gambia is still >going through transition to genuine democratic and constitutional form of >governance and proposed a Mass National Conference to create a >consultative climate for peaceful coexistence of political parties under >the control of a Strong C! ivil Society Pressure for decent and >democratic political behaviour as well as the establishment of a >political coalition that would not be under the dictates of any political >party or personality but would respond to the demand of the situation in >the >Gambia. &nb >sp; & >nbsp;   >; &nb >sp; & >nbsp; >See Next Issue for the exclusive interview with Halifa Sallah. Standard >Chartered Bank Claims Over One Million Dollars from YDE >The Standard Chartered Bank has dragged the Youth Development Enterprise >(YDE) to court claiming One Million, Two Hundred & Fifty Thousand >Dollars from them. According to the Plaintiff, the amount is the said sum >it paid under a Guarantee issued to KBC Bank Antwerp CH-Belgium on behalf >of the Defendant. The plaintiff is also claiming interest on the said sum >at the rate of 6% per annum from the date of payment until the Plaintiff >makes payment. The Standard Chartered Bank is also asking for costs. The >said civil suit is before Justice Abdou Karim Savage. Issues No.19/2004, >4-7 March, 2004 >Editorial >The Need To Register Gambians Abroad And Call For General Registration Of >Voters The Independent Electoral Commission is engaged in a review >exercise. The most urgent tasks are to get the Supreme Court to interpret >section 42 subsection (6) to determine whether the president has power to >remove a member of the commission from office without appointment of a >tribunal of three judges of a superior court. The interpretation of the >Supreme Court will determine whether amendments are needed or not. >Secondly, section 11 of the Election Decree says "The commission shall >prepare, compile and maintain in accordance with this part a register of >voters for each constituency and voters in foreign countries." It is >mandatory for a register of Gambian registered voters in foreign >countries to be maintained. Political parties should engage in >consultation with the IEC to effect this. Thirdly, the country has just >gone through a census. There is need to review constituency boundaries >and effect general registration of voters. In its former intention to >scrap the IEC the executive came up with the idea of establishing >Boundaries Commission since 2001. The Act to establish a Boundaries >Commission, which is responsible for demarcation of constituency >boundaries is yet to be enacted. In this regard the IEC was given the >provisional role of carrying out the responsibility in consultation with >the appropriate department of state. Before the constitution was amended >the IEC was responsible for the demarcation of constituencies and had the >machinery and competence to do so. Now the government had introduced >reforms without backing its reforms with the establishment of structures. >There is in fact no budget for a boundaries commission. Hence the IEC has >responsibility to look at the finding of the census and begin >consultation on the issue of demarcation of constituency boundaries. >Central Bank Case Struck Out >D68 Million Case Withdrawn >D156 Million Case May Be Withdrawn >Interesting developments have been taking place at the high court in >Banjul. Criminal case number 4/2004 against Lang Conteh, Betty Samba, >Begay Ceesay, Bintou Conteh, Nyanya Joof and Wachit/Faling Bureau de >change limited has been struck out after two proceedings. None of the >accused persons nor their legal representatives have attended any of the >proceedings. At the first proceedings the prosecutor, DPP Akimoyae Agim, >told the court that the accused were not served and asked the court for >more time to properly serve the accused. At the second proceedings he >applied to the court to strike out the case and the court accordingly >granted the application. The reason the prosecutor gave was the accused >have completed the payment of the D68 million to the bank with interest. >For the information of the readers the accused were charged with the >following offences: Count I >Economic Crime contrary to Section 5(a) of the Economic Crimes (Specified >Offences) Decree No. 16 1994 Particulars of Offences >Lang Conteh and Bigay Ceesay between the years 2001 and 2003 at the >Central Bank of The Gambia, Banjul being public officers to wit manager, >foreign department and auditor respectively of the Central Bank of The >Gambia, willfully and recklessly arranged and executed foreign exchange >contracts on behalf of the Central Bank of The Gambia with Wechit/Faling >Bureau de Change Limited causing loss to the Central Bank of The Gambia >in foreign currency equivalent to 68 million dalasis. Count II >Economic Crime contrary to Section 5(b) of the Economic Crimes (Specified >Offences) Decree No. 16 1994 Particulars of Offence >Betty Saine, Bigay Ceesay, Bintou Conteh, Mrs. Nyanya Joof and Lang >Conteh being citizens and residents of The Gambia operating under the >name of style of Wechit/Faling Bureau de Change Limited being a company >registered and operating in The Gambia, in the course of transaction with >a public body, the Central Bank of The Gambia to wit, contract to supply >Central Bank of The Gambia foreign currency, between 2001 and 2003, >intentionally caused loss to the Central Bank of The Gambia in foreign >currency equivalent to 68 million dalasis. Count III >Economic Crime contrary to Section 5(g) of the Economic Crimes (Specified >Offences) Decree No. 16 1994 Particulars of Offence >Lang Conteh and Begay Ceesay, while holding public office, to wit, >Manager, Foreign Department and Auditor respectively of the Central Bank >of The Gambia dishonestly abused your office for private benefits by >securing and signing foreign currency contracts for and with >Wechit/Faling Bureau de Change Limited, a company wherein you have >interest and own part of the share capital. Count IV >Economic Crime contrary to Section 5(h) of the Economic Crimes (Specified >Offences) Decree No. 16 1994 Particulars of Offence >Betty Saine, Bintou Conteh and Mrs. Nyanya Joof being citizens and >residents of The Gambia under the name of Wechit/Faling Bureau de Change >Limited acted in collaboration with Bigay Ceesay and Lang Conteh persons >holding public offices to wit, Manager Foreign Department and Auditor >respectively of Central Bank of The Gambia, to do acts detrimental to the >economy of The Gambia or to the welfare of the people of The Gambia to >wit, obtaining monies from Central Bank to supply it foreign exchange and >failing to do so. Just before the case mentioned above was heard the same >judge heard the second proceedings of criminal case No. 5/2004 against >Lang Conteh, Baba Jobe and Global Finance and Assets Management Limited >involving D156 million. As in the first proceedings the DPP again applied >for more time since the accused persons have not been served because they >have agreed to pay the sum of D156 million through the first accused, >Lang Conteh. For the benefit of the readers the accused have been charged >as follows: Count I >Economic Crime contrary to Section 5(a) of the Economic Crimes (Specified >Offences) Decree No. 16 1994 Particulars of Offence >Lang Conteh, between the years 2001 and 2003 at the Central Bank of The >Gambia, Banjul, being a public officer to wit manager, Foreign Department >of the Central Bank of The Gambia, willfully and recklessly arranged and >executed foreign exchange contracts on behalf of the Central Bank of The >Gambia with Global Finance and Assets Management Limited causing loss to >the Central Bank of The Gambian foreign currency equivalent to 156 >million dalasis. Count II >Economic Crime contrary to Section 5(b) of the Economic Crimes (Specified >Offences) Decree No. 16 1994 Particulars of Offence >Baba K. Jobe and Lang Conteh being citizens of The Gambia in The Gambia >operating under the name of style of Global Finance and Assets Management >Limited being a company registered and operating in The Gambia, in the >course of transaction with a pubic body, the Central |Bank of The Gambia >to wit, contracting to supply Central Bank of The Gambia foreign >currency, between 2001 and 2003, intentionally caused loss to the Central >Bank of The Gambia in foreign currency equivalent to 156 Million Dalasis. >Count III >Economic Crime contrary to Section 5(g) of the Economic Crimes (Specified >Offences) Decree No. 16 1994 Particulars of Offence >Lang Conteh, while holding a public office, to wit, Manager, Foreign >Department of the Central Bank of The Gambia dishonestly abused the >office for private benefits securing and signing foreign currency >contracts for and with Global Finance and Assets Management Limited, a >company wherein you hold forty-nine percent of its share capital. Count >IV >Economic Crime contrary to Section 5(h) of the Economic Crimes (Specified >Offences) Decree No. 16 1994 Particulars of Offence >Baba K. Jobe being citizen and resident of The Gambia under the name of >Global Finance and Assets Management Limited acted in collaboration with >Lang Conteh, a person holding a public office to wit, Manager Foreign >Department Central Bank of The Gambia to do acts detrimental to the >economy of The Gambia or to the welfare of the people of The Gambia to >wit, obtaining monies from Central Bank Gambia to supply exchange and >failing to do so. Interview with Halifa Sallah >On Trips to Tanzania, France, Oil, Juwara, Baba Jobe and the Proposed >Coalition Foroyaa interviewed Halifa Sallah on his recent trips to >Tanzania and France, the issue of Oil, Juwara’s incarceration and Baba >Jobe’s continued detention and the prospects of a Coalition. Halifa spoke >about ethical conduct in running political parties and governments, the >lack of commitments of government in developing countries and donors in >the fight to eradicate poverty, the need to demystify the IMF and World >Bank, the need for National Energy Commission as an Independent Public >Authority to oversee the development to energy resources without >compromising the environment. The need for President Jammeh to exercise >his constitutional prerogative to release Juwara to defuse political ill >feelings and his intention to write to the President and the Attorney >General for them to act and prevent members of their cabinet from being >held in contempt of the National Assembly. He argued that Gambia is still >going through transition to genuine democratic and constitutional form of >governance and proposed a Mass National Conference to create a >consultative climate for peaceful coexistence of political parties under >the control of a Strong Civil Society Pressure for! > decent and democratic political behaviour as well as the establishment > of a political coalition that would not be under the dictates of any > political party or personality but would respond to the demand of the > situation in the Gambia. >Foroyaa: Our readers would like to know why you went to Dar es Salaam, >Tanzania? Halifa: You would recall that a representative of the Labour >Party, UK visited the Gambia during the First Republic to discuss with >all political parties with a view to identifying the party they share >common ideas with. After she left they wrote to indicate that PDOIS has >been identified as a sister party. Since then there has been a working >relationship between PDOIS and the International Section of the Labour >Party. Workshop on Party Ethics >A meeting was convened in Dar es Salaam, Tanzania to which parties like >ANC were invited, representatives came from South Africa, Namibia, >Botswana, Uganda, Tanzania, Kenya, Cameroon and so on. The fundamental >objective was to discuss about ethics and government and ethics and >political parties. Foroyaa: Can you elaborate on the content of the >discussion? >Halifa: Tom Kevith, MP and Peter Watt from the Labour Party headquarters >represented the Labour Party. It was made abundantly clear that the >integrity of political parties and governments everywhere are being put >to a test and that the moment has arrived for sister parties, especially >those in Africa to collaborate and learn from best practice. We reviewed >whether parties in government can become sister parties with those >outside of government elsewhere. The answer was in the positive, that is, >if they share the same principles, policies, programmes and practices. >The need for a code of conduct to govern how members of the executive, >parliament and political parties discharge their duties was highlighted >to show that representatives of the people have both private and public >lives. This public life is a contract between the representatives and the >people. This contract imposes on representatives the duty to act in the >interest of the nation as a whole; that they should not take decisions in >order to gain financial or other material benefits for themselves, their >families and friends, that they should not place themselves under any >financial and other obligations that may obstruct or impede the proper >performance of their duties. Representatives are required to carryout all >public business with transparency and a! ccountability and accord duties >and rewards on basis of merit. All public figures should be willing to >submit to public scrutiny; they should be open to the press. They should >at all times be ready to explain their decision and give information when >demanded by the larger public in the public interest; people should be >able to see that the private interest of representatives does not >conflict with public interest. All private gains should be transparent >and honestly acquired. Foroyaa: Did you make any special input? >Halifa: Obviously, the outcome of a workshop is a collective output based >on collective input. I did quote Sections 1 and 112 of the Gambian >Constitution, which sums up the doctrine of the supremacy of the >sovereign authority of the people and the supremacy of the public >interest. Section 1 (1) "The Gambia is a Sovereign secular Republic." >(2) "The Sovereignty of The Gambia resides in the people of The Gambia >from whom all organs of government derive their authority and in whose >name and for whose welfare and prosperity the powers of government are to >be exercised in accordance with this Constitution." Section 112 – "The >responsibilities of the members of the National Assembly shall include >the following: - (a) "all members shall maintain the dignity of the >National Assembly both during the sittings of the National Assembly and >in their acts and activities outside the National Assembly"; (b) "all >members shall regard themselves as servants of the people of The Gambia >desist from any conduct by which they seek improperly to enrich >themselves or alienate themselves from the people; and shall discharge >their duties and functions in the interest of the nation as a whole and >in doing so shall be influenced by the dictates of conscience and the >national interest." I emphasized that democracy in Britain is base on >practice and statutory provisions but that sovereignty still resides in >the British Monarchy according to tradition. That under our Republics >sovereignty resides in the people and democracy is made mandatory by >Republican Constitutions. I emphasized that our problem in most of our >Republics is lack of practice of what is provided for by law and the >making of laws that are contrary to the letter and spirit of Republican >Constitutions. I emphasized that some people have come to a point that >they see democratic provisions as intellectual exercise or utopian dream. >These principles will of course continue to be disregarded by those who >govern until the political will of the people is shaped by awareness >building so that they will demand nothing less from their representatives >but to promote their supreme interest or vacate their public offices. >This is when democracy will become a way of life. It was emphasized that >having mas! s support alone is not democratic support. Genuine democratic >support is enlightened support of the masses. Only the culture of >awareness will lead to governance on the basis of public interest. This >is what will put an end to culture of impunity and selfishness in public >office. Foroyaa: What is the way forward for governance? >Halifa: In my view, it is the political will of people or lack of it that >shapes the political will of government or the lack of it. What the >masses decide no leader can defy it with impunity. Hence the first task >is to have a sovereign people with awareness and integrity. Secondly, >such people must form association with other civil societies to serve as >social auditors of how the public trustees are performing their duties. >They can raise their voices to protest against what is wrong. Checks and >balances from below is indispensable in a genuine democratic society. Any >leader who is afraid of the voices of an organized people, be it trade >unions, farmers cooperatives, youths, women or constituents disqualifies >himself/herself from being a genuine public trustee of the people. >Thirdly, a country needs independent oversight public institutions >specialized in monitoring the performance of public institutions and how >the rights and freedoms of people are respected. Lastly, you need a >leadership that recognizes the authority of the people at all levels. If >any African country can establish such a society it will be an example >not only for Africa but the world. If each sovereign citizens of a >country knows that he/she is equally powerful in determining who are >going to be the public trustees, if each realizes that it is their >combined power which empowers one sovereign person among them to become >the custodian of their collective authority and then exercise it on their >behalf, none will claim ownership of state power on the basis of their >religion, tribe, ethnicity, place of origin or gender. Each will be >concerned with the quality of one’s decision to exercise one’s power and >prerogative to select a public trustee. Needless to say, if each >sovereign Gambian or African is concerned with selecting a public trustee >who would put National Interest before Personal Interest we will have >leaders who would be devoted to the national interest! . Each >Gambian/African must see him/herself as a very important person then we >will have very honourable leaders. The running of a nation is too >important a function to leave entirely in the hands of a few leaders who >can easily forget that they are just individual citizens who have equal >sovereign power with others and who can easily transform themselves into >monarchs. This is why the people must serve as checks to any monarchical >tendency. This is the way forward to genuine democracy. It was observed >by the participants at the workshop that people in many parts of the >world have very negative impressions about politics. They see political >figures as liars and corrupt persons. As a result even clean politicians >are not seen to be clean because of the stigma. Consequently, once you >mention the name of the person as a political figure people would say >they are all the same. How to make policies clean should be the task of >all those parties with people centered policies. It was pointed out that >political parties can be damaged by their representatives in pubic office >if they fail to back their promises with deeds; if they become corrupt; >if they abandon their electorate while in office; if they fail to meet >their concerns. We made mutual commitment to promote clean politics in >our respective countries. Foroyaa: Did PDOIS have any input? >Halifa: They had said earlier that people handling political offices >should be honest when they are paid enough to meet their requirement. I >informed them that in our own case we are trying to make people to give >more confidence in political office by contributing a larger percentage >of our National Assembly income to a constituency fund. They were further >told that we see political representatives as social workers and social >educators; that we operate what amounts to social clinics where people >come to lodge their problems. We offer counselling, engage in advocacy >and mediation to provide solutions. I emphasized to them that in dealing >with the government we abide by the principle that we would do everything >to urge it to do it best and legitimize our appreciation by trying to >prove that its best is not good enough for the people. I also added that >one reason why we do not have problem of integrity is because we see >politics as a service instead of career. We do not see political office >as an achievement but as a place of service; that we constantly tell the >public that they should own their minds and should not support any party >or person on the basis of sentiments, that we have moved the people away >from seeing politics as a belief system and motivate them to see it as a >tool for exercising their authority to determine how their country is >managed; that instead of following the dictates of political parties the >people are being encouraged to be critical thinkers so that they can be >sophisticated decision makers. In short, democracy is about power and >choice. Choice is about options and alternatives. To have power without >knowledge does not enable the person to exercise his or her option to >choose with wisdom. Awareness provides the key for the mature exercise of >the power to choose. Once the comm! on people have the awareness to >choose the best of options, the battle of democracy could be said to be >won on the African continent. We reached a consensus that the meeting was >an eye opener; that we should start a process on the continent that would >lead to the genuine empowerment of the African people. Foroyaa: What >next? >Halifa: We will be exchanging civic education materials; policy documents >and experiences to propose for a more intimate relationship if we agree >on all the basics. PDOIS will strengthen its civic education programme so >that it can contribute more to the clarity of the people at home and >abroad. At this stage of the democratization process on the African >continent clarity decides everything. It was apparent at the conference >that PDOIS should take itself more seriously and contribute its quota in >the carving of the collective destiny of the African continent. Foroyaa: >Let us now turn to your trip to France. What was the purpose of the trip? >Halifa: The fifth annual conference of the parliamentary network on the >World Bank was held at the Palais du Luxemburg, the French Senate, in >Paris from the 14 – 16 February 2004. 191 parliamentarians from all over >the world participated. The conference was addressed by the president of >the World Bank, the Deputy Managing Director, International Monetary >Fund, the Minister of Economy, Finance and Industry of France, the UN >Secretary General, Executive Coordinator for the Millennium Development >Goal Campaign, Chairperson OECD’s Development Assistance Committee, the >Commissioner for Agriculture of the European Union, the Minister of >Commerce and Industry of Mali, Chief Secretary, Treasury Department >Britain, Chief Economist, Senior Vice President, World Bank and many >other personalities like the Director of External Relations of the Global >Fund to Fight HIV/AIDS, Tuberculosis and Malaria. Many parallel workshops >were also held. Foroyaa: Did you have any impact or was it just another >conference?Halifa: I guess the other participants from the Gambia would >be better judges of impact. However, I can say this much, that The Gambia >was mentioned more times than its size would ordinarily warrant. I was >given more chance than any participant to intervene in the debates. I >therefore have no cause to complain about the participatory nature of the >conference. Baba Jobe’s Trial >"Is Baba Jobe Law Abiding?" >Part 19 >CONTINUATION OF CROSS-EXAMINATION OF BABA JOBE >The DPP with Mr. Marenah represented the state while Edward Gomez, Lamin >Jobarteh, Lamin Camara and Mai Fatty represented the three accused >persons. After announcing their representation the leading counsel for >the defence appealed to the court to kindly permit him to have a word >with his client, the first accused, Baba Jobe, in the dock. The trial >judge, Justice MA Paul, refused the application on the ground that the >accused and witness, Baba Jobe, was under cross-examination by the DPP. >Baba Jobe then moved to the witness box and the DPP resumed >cross-examination. Q: Have you written a letter to your attorney to >terminate the power of attorney? A: Yes. >Q: Do you have a copy of the letter? >A: Yes. >Q: Where is the letter? >It was produced and handed over to the DPP. It is dated 1 March 2004. The >letter was tendered with no objection. It was admitted and marked Exhibit >206. Q: Who wrote the letter? >A: My lawyer. >Q: Where did you declare the power of attorney, Exhibit 205? >A: At the police training school, where I am under custody. >Q: Who and who were present when you signed the power of attorney, >Exhibit 205? A: My wife and Lamin Fatty. >Q: Was any of your lawyers there? >A: No, my wife brought it to me. >Q: Did you read it yourself? >A: Yes. >Q: Then why did you express surprise, here in court, on the 27th >February, 2004 at the general nature of the power of attorney? A: It is >because it was only supposed to address the issue of Julakay Engineering >and Construction Company, which was mentioned by the power. He was given >a copy of the power, Exhibit 205 and asked to read the second paragraph. >The said paragraph indicated that thereafter, Honourable Baba Jobe asked >his lawyer to prepare a power of attorney against Julakay Engineering and >Construction Company. The DPP asked the witness to stop there. The DPP >continued: Q: Honourable Jobe, I put it to you that you were not being >truthful when you expressed surprise on 27th February 2004. A: It is >because at the time of signing my understanding was different from what I >have now come to understand. Q: Mr. Jobe, with all your experience as >house majority leader of the national assembly, businessman and all your >functions, you want to tell the court that you signed a document without >understanding its content? A: I said, even though I understood it, it was >not as in the court here today. Q: Now, did the power of attorney render >the account of its purpose? A: Yes, my lawyer explained the possible >implication of the general nature of the power, including all my >properties. It was then that I decided to withdraw it. My lawyer told me >that he had visited the bank, had discussed the issue with them and had >reached an understanding with them also. Q: Then why did you ask the rest >of your lawyers to ask Mr. Fatty to give them an account of what had >transpired? A: So that they can register it. >Q: Honourable Jobe, this attitude of yours is calculated to embarrass >your counsel, Mr. Fatty. A: Not at all, it is meant to put things in >their right order. >Q: Since that day, did you see eye to eye with Mr. Fatty? >A: Yes. >Q: Did he tell you that he was embarrassed by your action? >A: No, because I have explained why I did so. >Q: Honourable Jobe, I put it to you, your power of attorney was meant to >block any possible conviction or confiscating all your properties from >seizure by court order. A: It was meant for my relation with Julakay >only. >Q: Mr. Jobe, I further put it to you that you have never liked to be law >abiding. A: I am law abiding, which is why I am in court. >Q: Is it lawful for any body to bring goods in the country without paying >duties to Customs and GPA? A: No. >End of cross-examination. >The trial judge then asked Mr. Gomez, the leading defence counsel, if >they had any other witness since it was just midday. Mr. Gomez said in >response, "My Lord, we have already summoned four witnesses to appear >before this court. The witnesses summoned are all very aware of the >issues surrounding this matter since all of them in one way or the other >played a role in or towards the operation of YDE. My Lord, these >witnesses are the Secretary General, Office of the President, the former >SoS of Finance and current Governor of the Central Bank, Famara Jatta, >who is said to be presently out of the country and is yet to be back, the >former Governor of the Central Bank, Clark Barjo, who in fact should have >appeared today, and the last is the former PS for Finance, Bammy Jagne, >who is the current ambassador of The Gambia in the USA. My Lord, we have >served all these witnesses since the 23rd of February, 2004. So My Lord, >if the court is faced with any possible! > delay, that could or must not be seen to be caused by the defence." At > this point, Justice Paul asked Mr. Gomez when the witnesses were > summoned. Mr Gomez in response said on 23rd February, 2004. He further > asked when the defence entered their case and gave information on the > list of witnesses. Mr. Gomez indicated that that was done since the 3rd > of February, 2004. At this point, Justice pointed out that the defence > should have summoned the list of witnesses on 3rd February, 2004 to > prevent such a problem. Mr. Gomez noted that since the 3rd of February > defence witnesses have been giving evidence. He did not think any body > might be right in putting the defence at fault for this. He added that > had it not been for the illness of Mr. Barjo, he would have been in > court since the 25th of February. >The DPP for his part said there is no mention of the names of the former >SoS of Finance and current Governor of the Central Bank, as well the >current Governor among the names of witnesses submitted. For Bammy Jagne, >the DPP said since he had been acting as the PS Finance and not as an >individual the proper thing to do would be to call the current PS. He >added that Bammy Jagne would not be coming. Justice Paul intimated to the >defence that should no witness appear for the defence on the 3rd, 8th, >9th and 10th of March, the court would not be stopped from proceeding to >do what it is having in mind. The DPP at this point stood up to assure >the court that the Secretary General, Alieu would appear on 3rd March >2004. At this point the case was adjourned till 3rd March, 2004. > > MSN 8 helps ELIMINATE E-MAIL VIRUSES. Get 2 months FREE*. > > >-- >Chi Jaama >Joe Sambou > > _________________________________________________________________ Create a Job Alert on MSN Careers and enter for a chance to win $1000! http://msn.careerbuilder.com/promo/kaday.htm?siteid=CBMSN_1K&sc_extcmp=JS_JASweep_MSNHotm2 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~