Foroyaa Newspaper Burning Issues Issue No. 94/2004, 29 Nov.- 1st. Dec , 2004 Editorial STUDENTS BEWARE!!! Students of today are the technocrats and administrators of tomorrow. As students they are preparing themselves to take leadership of society tomorrow. In their preparation it is important that they learn from best practice and internalize the highest moral. A students’ union can serve as a school of leadership through which one learns to serve others. Student leaders should see themselves as servants of the mass students whose interest they are obliged to protect. Students should see themselves as part of a greater social milieu within which they have to operate. As the whole society is obliged to prepare its young to take over the helm of society in the future, the young are obliged to become fully mature to take over the helm in order to avert adverse consequences. They have to do this whether or not their parents and fore parents have failed to do so in the past. They have to learn and absorb the attributes of leadership. They should realise that a true leader of the people is a guide, one who paves the way when there is chaos and not one who sings praises or dances to the tune of a master/mistress. A true leader is always guided by principles and always takes the concerns of the led on board. The Students’ leadership should focus on the concerns of students. They should strive for unity and avoid division. They should guard themselves against politicians and opportunists who try to manipulate them in pursuit of their selfish interest. As a student preparing to take over the helm tomorrow, loyalty to your nation should be your drive, not loyalty to any individual or government. This of course does not exclude a working relationship with a government in power. It is an obligation on both sides to strive to have a healthy working relationship. This is bound to happen if both sides focus on the concerns of students. The caution to be taken note of is that students should avoid being used as a tool of the government. Infact the best way a government can win the confidence and support of the student population is by attending to their concerns, not by attempting to implant a leader loyal to government in the students’ movement. The point is that students may have different political orientations but what they have in common is that they are students. As it stands some students say that the executive committee of GAMSU have overstayed and are demanding for a congress. The GAMSU Executive has acknowledged the need for a congress and has complained of the lack of funds. There is no need for a quarrel. Both sides should now use the GAMSU constitution as their guide and work hard towards a congress. Assisting the GAMSU executive to facilitate the convening of a congress is more fruitful than trying to crush it. Let that be the decision of a congress. B.B. DARBOE SUES GOVERNMENT By Emil Touray Bakary Bunja Darboe, a former Minister of Finance and Vice President who served both President Jawara and President Jammeh has instituted legal action against the government of the Gambia. Mr. Darboe who is currently in exile in the United Kingdom has instructed his Counsel to institute legal action against the government demanding an injunction restraining the defendant (the government), its servants and agents from depriving the him of his properties in breach of Section 22 of the Constitution. He is also asking the court to make a declaration that the ban against the him from holding any public office was in violation of the provisions of the First and Second Republican Constitutions and was to that extent null and void and of no effect. He is also asking the court to make a declaration that the Commission of Inquiry purportedly established to probe the assets of the Plaintiff and presided over by Justice Vida Akoto Bamfo was an improperly constituted commission. Mr. Darboe is also asking the court to make an order setting aside the findings and orders of the said improperly constituted commission, whilst urging the Court to make a declaration that the provision of the African Charter on Human and Peoples Right in relation to fair hearing has been violated by the said improperly constituted commission of inquiry. The former Minister of Finance and Vice President is asking the court to make a declaration that the government decision to forfeit his properties at 11 Cape Point, KSMD (fully developed dwelling house) a property at Brikama, which is partly developed (about 95%), a property in Farafenni with mud building acquired in 1977, Fenced plots of land in Kotu (granted by State Land Authorities in 1991/1992) and Lamin, a Sinchu Alhaji property granted by customary titleholders and unfenced plot of and in Dumbuto granted by customary landholders, a Kerr Serigne grant from state land authorities as contained in an undated government white paper is null and void. He is claiming damages for the wrongful seizure of his properties and the loss of income on the said properties. He is also asking the court to grant him interest and cost. DPP FAULTS ALIEU & CO TREASON TRIAL By Emil Touray The treason trial involving the state and the following convicted ex- military personnel, namely Lamin Jammeh, Lamin Jarjue and Alieu Bah resumed at the Supreme Court on Wednesday with the Director of Public Prosecution, Akimoyae Agim faulting the case of the appellants. “I received the grounds of appeal this morning. I have an objection to make on the competence of grounds three, four and five. It does not arise from the decision of the Court of Appeal. If they intend to raise a fresh issue, they should ask for leave. Ground five was not pursued at the High Court. Effectively they have two grounds,” Agim posited. In his submission, the head of the defence team, Ousman Jammeh submitted that the defence has heard the submission of the DPP, but notwithstanding that they are prepared to proceed with their argument. “He would prefer written argument to support our grounds. If we are given time, we will be in a position to serve him (DPP) written argument by Friday,” he remarked. At this juncture, the court asked the learned DPP when he would be in a position to file his written brief. The learned DPP responded that he would be in a position to file it by today. The Chief Justice pointed out that the court has a technical problem and if the matter cannot proceed that day (Wednesday) then it means it has to be adjourned to the next sitting of the Supreme Court, which is, either in April or May. At this stage, the Chief Justice asked Lawyer Jammeh whether the accused persons are on bail. Jammeh replied that they are in custody. DPP Agim stood up to say that the court cannot discuss the issue of bail, whilst submitting that the accused persons have been trying to overthrow a government and destabilize this country. “They have been found guilty by a court and the Court of Appeal confirmed it,” he said. At this point, Jammeh said he will provide the court with the authority that allows counsels to go down to other issues that are not in the records. He said even though he was not part of the counsels who were representing the accused persons, he was given the records of proceedings two to three months ago. He said he was approached by the master of the High Court to represent the accused persons. He informed the court that the accused persons have been sending word to him to go and have an interview session with them where they are incarcerated. He said he got the request letter to represent the accused persons two days before the start of proceedings. He said another counsel was approached by the Master of the High Court, but he declined to represent the accused persons. The court later ruled that the case is adjourned till the next session of the Supreme Court, which will be, either in April or May. He urged counsels to file their briefs by February 2005. MOMODOU JOBE DENIES ALLEGATIONS The Precious Stone Dealer, Momodou Jobe, who was recently detained at Mile 2 Prisons and subsequently charged and brought before a court, has denied allegations published in a local newspaper that he allegedly obtained US$500,000 from one John Jammeh with intent to defraud. According to the allegations, Mr. Jobe took money from Mr. Jammeh and issued about 9 cheques to him for the settlement of the money by false pretence and with the intent to defraud when he knew he does not have such amount in his account. The cheques are said to be with the Police, as the bearer could not cash them. Subsequent to the publication of these allegations, Mr. Jobe through his Lawyer has denied ever obtaining the sum of US$500,000 or any sum at all. He further indicated that the only John Jammeh he knows is a former Billing Clerk with NAWEC and could not have earned a monthly salary of even US$250. Mr. Jobe denied that he took any money from Mr. Jammeh or issued any cheque to him, in settlement of the said sum, and also denied that his cheques are with the Police. He further denied that he had ever issued cheques to M. Jammeh and received monies from him. Mr. Jobe is currently facing trial at the Banjul Magistrates court and has pleaded not guilty to the charges preferred against him; he was released on bail by the court. DEVELOPMENT THROUGH SOLIDARITY NOT CHARITY The People’s Centre for Learning and Teaching for Awareness, Empowerment and Development is currently providing adult literacy programmes, library, computer, micro-credit and counseling services. The Centre is also focusing on the community and community initiatives to empower the people by combining civic awareness and economic empowerment programmes. Foreign visitors have developed affinity to the Centre and are utilizing it as a development partner to render services to the community. Jeap and Mary Zwirs with Wout and Janny on Wednesday 17th Issue No. 93/2004, 25-28 November, 2004 November 2004 visited Brufut Women Vegetable Garden and Adult Literacy Project and Sanyang Women Adult Literacy Project. The visitors contributed token sums of money to the women of Brufut to purchase seeds for their vegetable garden and for Sanyang women to buy materials for their small-scale economic projects. In his remarks to the women, Mr. Jeap who visited The Gambia 18 times and contributed immensely in the socio-economic development of the country in helping to give a fulfilled life to the people outlined their activities and experiences in different regions of the country. He underscored the importance of good health habits and practices emphasizing preventive care. A group leader and adult literacy facilitator, Mai Sanyang expressed the women’s gratitude and opined that this new approach to donorship is giving solidarity to help empower the people not charity. D5.5 MILLION EARMARKED FOR NAYCONF NOC RECEIVES D300, 000.00 By Emil Touray Abass Bah, Acting Programme Officer of the National Youth Council (NYC) and a member of the National Organizing Committee for NAYCONF has indicated that despite the fact that five million five hundred thousand Dalasis is earmarked for the forthcoming NAYCONF, the Organizing Committee has only received three hundred thousand Dalasis from benefactors. Mr. Bah made this statement at a recent courtesy call made by the National Organizing Committee of NAYCONF to the Kanifing Municipal NAYCONF local organizing committee. He said the government has contributed two hundred and fifty thousand Dalasis for the programme. He said the United Nations Children Fund has also contributed some amount of money. He posited that some institutions have promised to contribute towards the success of NAYCONF. This disclosure has left people wondering whether the programme will go as planned. TRIAL OF FONI KANSALA 8 By Surakata Danso The trial of the Foni Kansala 8 commenced at the Banjul High Court on the 25th day of November 2004 before Justice Tahir. The case that attracted so may onlookers from the district, the entire Fonis and people from the Greater Banjul filled the courtroom and verandah to capacity. The accused persons are Momodou Lamin Nyassi, Kawsu Gibba MP, Ndongo Mbaye, Lamin Faal, Bala Manneh, Mustapha Sanyang, Alh. Omar Ceesay and Ebrima Saidy. The prosecution are Mrs. Ida Mboob and Miss Wood, while the defence team are as follows: Antouman Gaye, Ousman A. S. Jammeh, O. S. Fatty and A. C. Gaye. At this stage, it was realised that the eighth witness, Ebrima Saidy was still at the police unbailed. The case was then stood down for his collection from the police. After he was brought the case continued. Then on resumption Mr. Antouman Gaye, the leading defence counsel raised an objection on the trial. Mr. Gaye’s contention is that looking at the charge sheet there are two separate charges: stealing and receiving stolen property. He then told the court that section 112 of the Criminal Procedure Code (CPC) subsection 3 said that the law does not accord trying them together. Mr. Gaye further cited section 279 of the CPC subsection 3 which he said stated that a person cannot be tried for receiving until stealing is proven. In her response, Mrs. Ida Mboob said that the charges are properly made before the court in that the charges are both on one and the same thing, which is the Ramadan gift of the President to the people of Foni Kansala. She therefore urged the court to conduct the trial of the accused together. Justice Tahir ruled that the trial is going to continue together. The charges were then read as follows, to which they pleaded not guilty 1. Contrary to section 252 of the Criminal Code particulars of offence is that Seyfo Momodou Lamin Nyassi and Kawsu Gibba MP on the 30th day of October 2004 stole 40 bags of rice from the rice gift of Foni Kansala District given by the President. 2. Contrary to section 252 of the Criminal Code in that M. L. Nyassi and Kawsu Gibba stole 30 bags of rice and 30 bags of sugar on the 30th day of October 2004 from the gift of the President to the people of Foni Kansala District. 3. Contrary to section 252 of the Criminal Code in that M. L. Nyassi, Kawsu Gibba, Ndongo Mboob and Mustapha Sanyang stole 30 bags of rice and 20 bags of sugar from the President’s gift to the people of Foni Kansala. 4. Receiving stolen property contrary to section 297 subsection (1) that Lamin Faal on the 30th day of October 2004 receiving 40 bags of rice from the gift of the President to the people of Foni Kansala. 5. Receiving stolen property in that on the 30th day of October 2004 Bala Manneh received 30 bags of rice and 30 bags of sugar from the gift of the President for the people of Foni Kansala of Foni Kansala contrary to section 297 subsection (1). 6. That Ebrima Saidy on the 30th day of October 2004 received 40 bags of sugar from the gift of the President to the people of Foni Kansala contrary to section 297 subsection (1). The matter is adjourned to 16th December 2004. The Gamsu Controversy PRESS RELEASE In response to the serious multidimensional irregularities that had been occurring within the national Executive of the Gambia Students Union (GAMSU), the Executive Committees of the Students Union of the concerned Post Secondary Institutions have over the past weeks been in a series of consultations, aimed at redressing the situation. Firstly the Executive Committees / Councils of the: 1. Gambia Technical Training Institute (GTTI) Students Union. 2. Gambia College Main Union. 3. The Sub Union of the Gambia College School of Education and Agriculture. 4. The Sub Union of the Gambia College School of Public Health. 5. The Sub Union of the Gambia College School of Nursing & Midwifery. 6. The Association of Medical & Health Students of the University of The Gambia, 7. The Gambia Students Nurses Association and 8. The University of the Gambia Students Union, Constituted itself jointly as a Special Committee aimed at ironing out GAMSU’s troubles. The Special Committee successfully convened a consultative meeting between itself and the GAMSU Executive, after which meeting, it made the following observations: 1. The GAMSU Executive had been taking a series of actions that do not represent the general wishes and views of the Gambian students. Recently, the public had witnessed the GAMSU President Mr. Alhagie Nyabally’s self- contradicting media posturing. The President at first joined other student bodies in reaffirming their commitment to the government of the Gambia as being partners in development and to thank the Head of State for his educational development efforts. Shortly after, he expressed contrary views’ in the November 8th Issue of the Point Newspaper. His sentiments expressed in that issue do not in any way represent our views. 2. The term of office of the GAMSU Executive had expired since July 2004. It was obvious that the GAMSU President and his Executive have no legal mandate to lead, without the expressed approval of the Gambian students or their representatives. 3. The GAMSU Executive during its entire 15 months of existence had NEVER convened a Congress to seek the opinion/directives of the students who it claims to ably represent. 4. The GAMSU Executive despite its claims at holding bimonthly meetings could not produce records of such meetings in the form of minutes. 5. The GAMSU Executive had unconstitutionally terminated the services of key elected members of the GAMSU Executive, in the persons of the GAMSU Vice President and Secretary to the Advisory Board. 6. The GAMSU Executive is engaged in activities that brings disrepute to the Institution and is also an obstacle to the progress and development of the Gambian Student Community. 7. The GAMSU Executive until about 2 weeks ago had made no serious attempts to convene a congress, which must elect its successors. 8. The GAMSU Executive, except on one occasion has never held consultations with the Executive Committees of its Constituent Student Organizations. 9. The GAMSU Executive walked out from the meeting after participating in a democratic process of voting, which declared that an independent steering committee (exclusive of GAMSU’s Executive) should be constituted. Therefore in light of the following observations, the special committee at the end of the meeting resolved to make the following declarations: 1. A Steering Committee composed of members from all the earlier mentioned students bodies, has been constituted to coordinate the activities of the forthcoming GAMSU mid December Congress. The steering committee is further mandated to raise funds for the proposed congress and to serve as a watchdog to the activities of the GAMSU Executive. 2. The current GAMSU Executive under the leadership of its President is directed to scale down its activities and limit itself to only preparing an audited financial and general activities report for presentation at the forthcoming congress and for handing over to the newly elected Executive. 3. The Special Committee has directed that the current GAMSU Executive have no mandate to raise funds or speak on behalf of the students. 4. The Special Committee again wishes to reiterate its commitment to the message/statements of thank you to the President of the Republic of The Gambia and the partnership in development initiative expressed by GAMSU at the 15th October, 2004 Statehouse visit. 5. The Special Committee reserves the right to hold a press conference when the need arises. Finally we once again humbly appeal to all Gambians to pray for us and support peace building in the Gambia. GAMSU RESPONDS By Ousman Sillah The Gambia Student Union (GAMSU) on Saturday 27th November 2004 convened a Press Conference to state its position vis-à-vis a Press Release, announced over GRTS television the previous evening, leveling allegations against the student body. In his opening remarks, Mr. Lamin Nyabally, the President of GAMSU, said, “all this came about as a result of misunderstanding and misrepresentation of Gambian students and consequently some authorities are scheming and playing double standards among Gambian students.” He added that on the 14th October, 2004, between the hours of 1400 and 1600, he got a phone call from Neneh Mcdoll, the deputy Director General of GRTS, telling him that President Jammeh wants to meet the GAMSU Executive body; that Neneh said “Alagi, please don’t afford to miss this chance. It is good for GAMSU,” he added. He said that she also made a similar call to Mr. Ebrima Ceesay, the GAMSU Secretary General; that upon consultation among the members of the executive, they finally agreed to go and meet with the President in order to tell him about their concerns; that that evening four of them were invited by Neneh Mcdoll to a meeting at her house, and that is, himself, the President of the University of The Gambia – sub union, the Gambia College sub union and UTG School of Medicine sub union. Mr. Nyabally said that at this meeting he told then that, from 2001 to 2004, GAMSU had written over 17 letters to the President concerning the events of April 10-11, 2000 but none of them had been responded to; that he hoped this proposed meeting would be an opportunity for them to convey their concerns on the incident of April 10th to the President. This initiative, the GAMSU President said, was roundly rejected by all those who were present at the meeting and who insisted that the issue of April 10 – 11 must not be raised at all; that Neneh Mcdoll told them that since this is the first time that they are meeting the President, they, the students, should seize the occasion to thank him for his development of The Gambia. Mr. Nyabally said that GAMSU went to the meeting because their executive had decided that they should go to meet and listen to the President. He said that after this meeting with President Jammeh at State House, a member of their executive, in the person of Ebrima Dibba who was also part of the delegation, was not happy with the outcome and therefore went to the Press and denounced them for misrepresenting the interest of students; that he too went to the Press to denounce Mr. Dibba for acting unilaterally. Mr. Nyabally claimed after consulting his colleagues, he signed a paper emanating from Neneh Mcdoll and brought by Samba Jallow of the UTG sub union that aimed to refute Mr. Dibba’s claims; that he had also gone to the papers to accuse Neneh for meddling and playing double standards. The GAMSU executive committee members present then began to respond, point after point, to the allegations levelled against them in the Press Release signed by those who said they are representing the executive bodies of students’ unions of the post secondary institutions. On the issue of meeting the President, they said that GAMSU did not go to state house to reconcile but to listen to the President who Neneh Mcdoll said wants to meet them although they thanked him specifically for his development efforts in the education sector at the meeting; that they are a non political and non partisan body; that their interest and concern is about the welfare of Gambian students. On the issue of holding a congress, the executive said that Article 8, section 1 of the GAMSU constitution stipulates that “Congress shall meet once every academic year and this shall be during the first and second weeks of the Christmas holiday during which period annual elections for change of executive shall take place”. They said that a congress is being planned in accordance with this constitutional requirement; that the constitution states that only those members who have been paying their membership dues regularly are mandated by their institutions and bodies to attend and vote. The GAMSU executive members were however quick to add that in their records none of those people who signed the Press Release were paying their dues or attending meetings”; that it is only those who have been paying their membership dues who can constitutionally challenge a serving executive committee. On the issue of not convening bi-monthly meetings, copies of minutes of meetings were shown to the members of the Press by way of refuting the claim. They claimed that they have been convening meetings but that none of those post secondary institutions members bothered to attend except the Gambia College and sometimes GTTI. The GAMSU executive maintained that they marched out of the meeting when they realised that “this self-styled executive wanted to unconstitutionally strip GAMSU of its responsibilities and usurp its functions by proposing the setting up of an independent committee to convene a congress and raise and keep funds”; that the GAMSU executive is the only body that is constitutionally mandated to perform these functions. In conclusion, the executive membership said that the purpose of GAMSU’s existence is to promote the welfare and defend the interest of Gambian students; that all they are demanding as a student body are:- (1) an apology from the state on the incident of April 10th – 11th (2) a declaration by the state of April 10th – 11th as National Days, (3) compensation for the victims and families of the victims of April 10th – 11th (4) bring the perpetrators of this heinous crime to justice (5) guarantee the return and safety of the former GAMSU President. In his closing remarks the Sect. Gen. Ebrima Ceesay said that “the media is not an exclusive preserve for some to go and fabricate non –existing things against others; that it is not a platform to gain cheap popularity for selfish gains; that dishonesty, insincerity and selfishness is not what the Gambian students need and want; that for GAMSU and this self styled executive, history will be their judge”. The GAMSU executive members expressed their disappointment with what they termed as “the bias, unbalanced and unfair coverage or announcement of the Press Release by the GRTS Television without seeking the views of GAMSU for the sake of objectivity.” They finally called on all students to rally behind GAMSU to promote and defend their interests and not to allow any individual or group of individuals to divide them for selfish gains; that they are planning to organize a congress in December and have started soliciting for funds from well wishers, donors, etc. When asked whether these decisions and actions that they have been taking were preceded by consultations to seek consent and consensus, the President answered in the positive, stating further that they have the support of the students. KUJABI’S BROTHER STILL IN CUSTODY By Surakata Danso Sajar Kujabi, the elder brother of the former NIA boss, Abdoulie Kujabi, who is also reported to have been close to President Jammeh, was on Friday 19th November 2004 arrested by members of the Serious Crimes Unit. Mr. Kujabi’s long detention without trial or bail concerned a lot of family members that they decided to contact FOROYAA. When we contacted the office of the PRO, Aziz Bojang, we were told that the PRO is out of the country but an insider at the police who wished to be anonymous informed FOROYAA that Sajar Kujabi is detained at the police but would not say why he was there. FOROYAA will get in touch with the police authorities to find out the reasons behind the long detention of Sajar without trial or bail. He has been there for more than a week contrary to the constitutional provisions of 72 hours A GAMBIAN WHO NEVER FORGETS HIS COUNTRY Is it only the wealthy that can contribute materially or financially to national development? Or are Gambians abroad unable to contribute to national development? These do not apply to Ebou Jarra, a young Gambian in Europe who is determined to do whatever he can to foster national development. Ebou worked as a receptionist at Kotu Strand Village and Fajara Hotels and as a bank clerk at BICI before going to Norway where he worked as a sales assistant. Being interested in the development of his country he is now pursuing a degree course in Human Resources Management & Business. He would love to pursue another degree course in Poverty Reduction & Development. He thinks this will help him to realize his dreams. While most Gambians cannot go beyond the level of working hard to meet their family needs, Ebou finds time to do voluntary work to contribute to national development. One such work as seen in the photograph is collecting empty bottles and selling them. The proceeds are then sent to nursery schools and other institutions of national development. Toys and other materials collected are also sent. He is voluntarily part of a coaching team training a football team (14 years +) in his local area in Birmingham. Here too he have managed to make some collections of football kits, which he plans to send home as soon as he get the means to do so. We hope others will follow the footsteps of Ebou. ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤ To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://maelstrom.stjohns.edu/archives/gambia-l.html 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] ¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤