Foroyaa Newspaper Burning Issue Issue No. 99/2006, 13-14 November, 2006 Editorial IS A NEW CABINET NECESSARY? Many readers were taken aback when they heard the announcement that President Jammeh, who is yet to complete his term of office, had dissolved his cabinet. Readers kept asking the question whether what the President had done was proper or not. The constitution does give power to the President to appoint or terminate a Secretary of State. Indeed section 70(3) of the Constitution states that “the Vice President shall be appointed by the President.” Furthermore, section 70(5) of the constitution states that “The office of Vice President shall become vacant on the termination of his or her appointment by the President.” It is therefore clear that the President can appoint and dismiss the Vice President at anytime. Similarly, section 71(1) of the Constitution provides that “Secretaries of State shall be appointed by the President..” Furthermore, according to section 71(4) (b) of the Constitution, “The office of Secretary of State shall become vacant on his or her appointment being revoked by the President………” Power to appoint or dismiss Secretaries of State vests with the president and he or she can do that at any time. The point at issue, however, is not whether the President has power to appoint or dismiss members of his cabinet or to dismiss his entire cabinet. President Jammeh has done this many times before without query and he may continue to do so. What many readers have been asking is whether by dissolving the cabinet and appointing another he has constituted a new cabinet, which shall continue after he has assumed office. The answer to this question is in the negative. It is clearly spelt out in section 71(4) (a) of the Constitution that “the office of Secretary of State shall become vacant on the assumption by a person of the office of President.” This means that as soon as the President assumes office upon being sworn in all Secretaries of State will lose their positions. In other words, the President will have to appoint a new cabinet. In short, the cabinet that the President formed on Thursday 19th October 2006 will automatically dissolve when he assumes office. This means that the President must appoint a new cabinet when he assumes office. NIA BOSS ASKED TO STAY AWAY Last Friday, Foroyaa received information that Mr. Harry Sambou had been sacked from the position of Director of National Intelligence Agency and replaced by his deputy Mr. Hydara who now acts as Director General. Though the information is yet to be officially confirmed, NIA sources gave the same indication. The sources also indicated that no reason has been reported. Mr. Sambou was up to the foiled coup of 21st March 2006, the Director of Operations at the Independent Electoral Commission. Before his latest appointment he had earlier worked for the NIA. ANOTHER DEATH FROM THE GAS EXPLOSION By Bubacarr K. Sowe Abdou Fadera, a 25 year old has been the latest victim to die from the gas explosion, which racked the residents of Kanifing Estate. Fadera died in Dakar on Friday where he was rushed for further medical attention. The father, Saikouba Fadera described the death of his son as a great loss to their family. “Abdou was my friend. He was very close to me,” the father said at the funeral on Saturday. Fadera’s death has raised the number of death from the gas explosion to seven. The explosion occurred at the home of Ousman Njie on the 30th of last month, leaving eighteen with severe burns. Abdou’s body was returned from Dakar on Saturday and funeral services were held the same day at the Kanifing Estate Mosque, after which he was interred. BUNJA DARBOE AND CO TRIAL Captain Wassa Camara Testified By Fabakary B. Ceesay At the court martial at Yundum Barracks, the trial within a trial continues to determine whether Captain Wassa Wassa Camara’s cautionary and voluntarily statements should be admitted in evidence or not. Three witnesses have testified for the prosecution to prove that the statements were made voluntarily in the presence of an independent witness after the Captain, Wassa Camara, was cautioned. On Thursday, Captain Wassa Camara entered the witness box to prove that the statements were not made voluntarily and are therefore not admissible. In the last issue we started with the testimony of Captain Wassa Camara and now continue with it. According to Captain Wassa Camara, late in the morning of 22nd March, WO2 Colley, now a Lieutenant, came with some officers from The Gambia Armed Forces who were all dressed in camouflage. He said, he could recognise one Malick Jatta and Mustapha Sanneh including some other officers. He said he heard Lieutenant Colley saying, “Open the cell, Captain Camara is here.” He added that, when the cell was opened, Lieutenant Colley then handcuffed him at his back noting that he was moved into the conference hall. He said, he was blind folded and two soldiers held him by the hand, lifted him and dumped him in a car. He said he thought he was going to be killed but he was taken to the NIA complex. He added that at the NIA, he was asked to follow them up to the reception. He said, he met several soldiers in camouflage and in black uniform armed with individual weapons like AK47 rifles, PGL, RPG7. He noted that the black uniform material is different from that of the Police Interventions Unit (PIU). “That was the first time I saw that black uniform,” he said. He stated that he was taken to an office where he met WO2 Tumbul Tamba, Lance Corporal Malick Jatta, Mustapha Sanneh, Abdoulie Sowe, and others whom he did not recognise. According to him, they told him that they did not take him there for a joke; that he had to choose between death or to be in Mile Two Prison. He said, he was told that Captain Seckan had told them that he is part of the abortive coup. He said he replied that he did not know about anything and, so could not be part of it. “They said to me, death or alive, choose one.” He said at that juncture, Mustapha Sanneh, butted him on his back and he fell on the floor still in handcuff. He said he was severely beaten. He said some of them used their rifles to hit him while others kicked him. He said some of them stamped him. He explained that WO2 Tumbul Tamba said to him that they are not joking with him. “I said again, how can I be part of something I don’t know about.” He said, WO2 Tamba then ordered Mustapha Sanneh and Ousman Jatta to stand by and that all of them cocked their rifles. “They said to me, this is your final warning, if you don’t accept that, you are part of it, you will be killed instantly. Then I complied. He pointed out that he sustained a cut on his knee, buttocks, a wound on his leg and on his back. He said he is feeling pain on his chest and sides. He said after he complied he was taken to the reception and later to Mile Two. He said in the morning of 22nd March, Lieutenant Colley, with other soldiers including prison wardens, came and took him to the reception and then to the NIA. He said that time, he was not blindfolded. He said at the NIA, the soldiers were at the same place armed with weapons of all kinds. He asserted that along the corridor and on the ladder leading to the stairs, soldiers were standing everywhere with their weapons. He said at the panel, Colonel Lang Tombong Tamba and IGP Major Ousman Sonko were seated at the extreme end of the panel with some armed soldiers. He added that, one Lieutenant Mathew, Lieutenant Musa Jammeh and WO2 Tumbul Tamba were all present. He also added that, the panelists were, Hydara, Abdoulie Sowe, Lamin Cham, Ceesay and others whom he cannot recall. He pointed out that Abdoulie Sowe told him not to forget about his compliance of the previous night and that the instruction remains the same. He noted that, Sowe brought a piece of paper for him and told him that, those written words are what he had said earlier. He said, at that juncture, one Baba Saho, an NIA officer, came and gave him a hard slap, saying to him, “ You are an intelligent officer, but you either comply or we kill you here. He added that, Abdoulie Sowe, also reminded him that there is no joke there and asked him to look on the table. He said, on the table, there was a broken tooth, a hammer and blood stains. He said he was warned to be careful because some people were there before him and that those things on the table are examples. He pointed out that, Abdoulie Sowe was ordered to record his statement and he was taken to another office, with Sowe, Private Demba in camouflage, Mustapha Sanneh in black uniform and another soldier in camouflage. He said all of them were State Guard. He said that Mustapha Sanneh told him, “Look Camara, we are batch mates, but today will be your last day.” He said, Sowe brought some forms and writing papers and asked him to copy exactly from that paper. He said after he had copied and signed, Lamin Cham came in and told Sowe that the independent witness will not be a problem because he had called somebody to come on 23rd March. He said he was later taken to the reception by Private Demba and others, where he was handcuffed and he joined a vehicle. He said he met WO2 Alpha Bah with his hand handcuffed at his back and they were taken back to Mile Two. He narrated that on the 23rd March, he was blindfolded, handcuffed and taken to the NIA complex. Upon arrival at the NIA, he said, he was taken to the conference hall, where he met the same officers, IGP and the CDS. He said, as he was seated an armed officer at the entrance of the hall behind him cocked his gun while he was answering questions. Captain Camara said he was told to accept that he was discussing certain issues with Captain Yaya Darboe and that he is his friend. Camara said he told them that, Yaya is not his friend but that they only know each other in the job. He said one of them told him he and Yaya attended the same training in Ghana. “Then one of them struck me with the butt of a gun and I fell on the floor, they started kicking me at my sides, but Colonel Tamba ordered them to stop.” He said he was told to accept that he had certain discussions with Captain Yaya Darboe. “Then one of the soldiers told me, Captain Camara, do you forget what we told you, comply or die instantly.” He added that, the soldier behind him cocked his gun and a live round fell from the chamber of the gun and that soldier held the round and showed it to him. The Soldier told him that they were not joking to him, and told him that they are not joking. He said he then accepted and that WO2 Tamba and others were ordered to take him to the reception and then to Mile Two Prison. According to him, on the 24th March, Lieutenant Colley and others opened his cell, handcuffed him and he was escorted by state guards to the NIA. He said he was taken to the room where the panelists were seated and that he was subjected to the same questions he was asked the previous nights. He pointed out that he was tortured before Sowe was asked to record his statement, this time, in a different office. He said, he was with Sowe, Private Demba and other soldiers, and all of them were in camouflage and had weapons. He said Sowe then brought papers and asked him to fill his name. He said Sowe brought other papers and told him that they were the seven (7) Statements, of Captain Yaya Darboe. He said Sowe told him he had nothing to do, but to comply. He said he wrote his statement and signed it. He said, he heard Sowe saying “The independent witness will be here.” He said, he only saw the witness in the court when he testified. He said in the morning of the 26th March, he was taken to the NIA complex in handcuffs and taken to where the panelists usually sit. He said upon arrival at the panel, he was surprised to find a “Television man” seated where the accused person normally sits. He said, he was ordered to sit opposite, facing the “TV man.” He said, after the recording, he was taken back to Mile Two. He explained that, on the 27th March, at night at around 11 pm, he was taken to the NIA complex. He said, he spent about two hours at the reception before he was taken before the panel. He said, he was again asked about certain questions pertaining to Captain Yaya Darboe’s statement. He said, he was then moved to the reception, where he met a soldier who was dressed in black materials who said to him, “You are the officers we are looking for.” He noted that, before he uttered a word, Corporal Malick Jatta slapped him. He said, the other soldier held his head and started to knock it against the wall. He said he was still in handcuffs, and that soldier continuously hit his head against the wall until he was bleeding. He said, he was so weak that, the soldier squeezed him behind a table. He pointed out that, Malick Jatta took him away from that soldier and suddenly, Malick Jatta kicked his leg off the ground and he fell on the floor on his chest. “I was then beaten mercilessly and I was bleeding from all parts of my head, mouth, buttocks and legs.” He asserted that Mustapha Sanneh stamped him and told him, “Look Camara, we did not yet finish with you.” He said WO2 Tumbul Tamba, ordered them to stop beating him. He added that, Sowe was ordered to record his statement at the early hours of the morning of the 28th March, 2006. He said, he was with Sowe and two armed officers who were dressed in camouflage. He pointed out that, before he could write his statement, he was confronted with Captain Yaya Darboe’s statement. He said they asked him how many marabouts he has and whether he has informed them prior to the coup. He said he told them that he used to have one marabout, but as at the time of the interview he had three but he denied having informed any of them about the coup. He lamented that he was later taken back to Mile Two. He said at Mile Two Colley and another soldier took him out of the vehicle he said he was unable to walk because of the beatings. He said his handcuff was loosened, noting Colley helped him to sit down and he was searched. He said, he was later dumped in his cell. He said Lieutenant Colley tried to help him with a mosquito net, but a soldier asked Colley to let him die. He said in the early morning, senior prison officers, including prison Director, David Colley, came to see his condition. He said, they sympathised with him, but they could not do much. He added that, after the officers left, a medical officer, dressed in white came and gave him paracetamol, shaved his head, dressed his wounds, applied ink to the bruises on his face and he undressed to treat the wound on his buttocks and the legs. He narrated that after almost two weeks, he was complaining of his health to Lieutenant Colley and prison officers. He said an Egyptian doctor from the RVTH was later brought to attend to him. He added that the medical doctor attached to the prison visited him from time to time. He explained that from March to May, he had complained about his health and that, he has informed Lieutenant Colley, Alieu Ceesay, who are in charge of their security, the prison doctor and others about it. He said it was not until in June, when he was taken to RVTH and was treated by a doctor, but that, he could not identify the doctor who attended to him on the ward he was taken to. He added that he was given prescription papers which he gave it to Corporal Wharf to give it to his wife. He said, his wife told him, that she gave it to his brother Alassana Boto Camara to buy the prescribe drugs. He added that his brother bought the drugs and gave both drugs and prescription paper to Corporal Wharf. He said, after taking those drugs, he felt a little relieved. He added that he was taken to RVTH by two soldiers with a medical personnel from Mile Two. He said, the Egyptian doctor told him to be referred back to him if he has another problem. He lamented that, he made another complaint to the authorities but before he was taken to the Eygptian doctor, it took another two months. He admitted that, he was later taken to the doctor and he complained of dizziness, pain at his back and sides. He said it was on a Friday, and they were told that it was late but they could go back on Monday. He complained that, he was never taken back to the hospital again, even though, he complained to Lieutenant Colley and the medical Sergeant at Mile Two. He narrated that last week he told Corporal Wharf and medical Sergeant even though, he could take his medical papers to court, they could take him to the hospital and also to keep his prescription and reference papers. He said that he was told those are for their files. Captain Camara concluded by saying that he had never experienced dizziness, or pain at his back and sides, saying “I was very strong.” He added that he had never set eyes on the two independent witnesses, Tijan Bojang and Babou Loum. “I first saw them at the court in the witness box,” he concluded. At that juncture, Lamin Jobarteh, the defence counsel, wanted the accused person to show the court the wound or scars on him, even if he is to be undressed before the court. But the Judge advocate, Justice Agim, ruled that undressing the accused in Public is a violation of his rights of privacy and his human dignity. He then decided that, the matter will be addressed after the sitting of the court. Cross Examination by DPP, Emmanuel Fagbenle Emmanuel Fagbenle asked him whether he believed Ndure Cham was involved in a coup plot or whether he believed there was a coup attempt. He replied that he did not believe Ndure Cham was planning a coup nor was there any coup plot. Fagbenle asked him, which time he was arrested, what time he arrived at Mile Two and what time was he taken to the NIA. Captain Camara replied that he was arrested between 11 pm and 12 pm, but could not tell which exact time he arrived at Mile Two, but that he was taken to NIA in the early hours of 22nd March. Mr Fagbenle asked him, how long did it take him to write his statement and whether he wrote anything on his statement on the 23rd and the 24th March. Camara replied that he could not tell how long it took him to write his statement and that he made a record of what they asked him to write. The DPP asked him, whether he chose the option of life and whether, he wrote that he was innocent. Captain Camara replied that he chose to live than to die, and that he could not write that he was innocent because he was told to accept the instruction or die. DPP asked him whether, he had a meeting with anybody. He replied in the negative. The DPP asked “Did that mean you are innocent?” He replied, “Very well.” Fagbenle, asked him whether he had said on the TV that he was forced and tortured to make his statement. He replied that, he was ordered to say that he was not forced or tortured or else he would be killed. He was asked, whether, when he was being recorded on the TV there were security personnel present, he replied, that there were several of them, including IGP Major Sonko and CDS Colonel Tamba. He said he was directed to repeat what he was forced to say in his statement. The DPP asked him whether it is correct that, he carefully explained on TV about his knowledge and involvement in the coup, Camara replied that, he said exactly what he was instructed to say and that if he deviated from what they wanted him to say he would be killed. Fagbenle asked whether it was true that he had an accident while on duty at the provinces and was admitted at Bansang Hospital, he replied that that was true. He also asked him whether it was true that he once had a fight with one Sergeant Barry, he replied, “That was not a fight but a struggle.” Fagbenle asked him, if he is the head of the Military Police, he replied that he is not presently, but he was the head. THE DEPARTURE OF INDEFATIGABLE MODOU MANNEH By Ousman Sillah The life of an indefatigable community servant has again been eclipsed by the unavoidable death. However, death can only rob the life of a good human being, but it cannot obliterate the fond memory of the good deeds of such a person from the minds of those left behind who have deep sense of appreciation or gratitude. Modou Manneh, a.k.a Bro, has departed from our midst but will never be forgotten because of his sense of community commitment and sociable nature which had led him to amass not material wealth but a wide circle of affectionate friendship from his family and the community. Modou Manneh was born in 1949 in Dippa Kunda. He had attended Serekunda Primary School and Latrikunda Junior Secondary School (L.K). Bro did his childhood with brothers and friends in the environs of Dippa Kunda, Serekunda and Latrikunda. After completing his secondary school education, Modou Manneh first started work at the then Water Works Department under the tutelage of his late father who was the Pump Attendant for Kombo the St. Mary division. He later left to board the Merchant ships as a sailor for two years which took him to many European countries, such as, Italy, Greece, Spain, etc. Following his return home the late Bro worked as a summary clerk for the Cooperative Union for two years. Modou Manneh was one of the first bus conductors who started the GPTC. He again left for Cote D’Ivoire and later settled in Nigeria where he established a successful business running a carpentry workshop and employing many Gambians. Back in The Gambia, the late Modou Manneh became politically active and was serving as a militant of PDOIS. He was also fully involved in the management of the Mass Sosseh Shipyard Football Club and later the Bakau United F.C. Modou Manneh was one of the most instrumental initiators of the Serrekunda West sports Association (SWESA). In order to professionalise his involvement he became a trained sports journalist together with the likes of Peter Gomez and Moses Ndene and had inspired others like Pa Assan Badjan into the profession. Modou Manneh was one of the co-anchorpersons of that famous yet short lived “ Sunday News Hours Programme” of Radio 1 FM together with George Christenson, Modou Thomas and Seedy Ceesay. According to his brother Imam Abdoulie Manneh ‘Modou was a devout Muslim and a selfless and good human being who was so helpful to both his family and society. His departure is a great loss and has created a vacuum that is very difficult to fill.” Another younger brother Alieu Manneh, described Modou as a ‘ respectful and socially responsible person who never neglects family and social duties.’ As a testimony of the community’s acknowledgement of the late Modou Manneh’ s sense of social duty, relatives, neighbours, friends and acquaintances from a broad spectrum of society thronged the mosque and the cemetery to convey t his departed colleague and relative to his final resting place. The sporting fraternity, especially Football, and colleagues in the political experience and religious and community leaders were well represented. Modou Manneh died on the 26th October in the United kingdom after a brief illness and was flown back to The Gambia and laid to final rest on Saturday 11th November 2006 at the Dippa Kunda cemetery. He is survived by two wives Yamu Ndow and Sainabou Jobe and two girls and two boys. TREASON TRIAL DEFERRED TO AVOID COINCIDENCE WITH COURT MARTIAL By Bubacarr K. Sowe The treason trial of Tamsir Jassey, Alieu Jobe, Omar Keita and Demba Dem, has been adjourned last Thursday, the 9th of November 2006 to avoid the civil court sitting coinciding with those of the court martial. One of the defence counsels, Lamin S. Camara, who is also representing the accused persons at the court martial, submitted that they cannot attend the proceedings of both cases when the dates are the same. The High Court Judge, Justice Anin-Yaboah, ruled that she will discuss the matter with the Chief Justice in order to avoid a clash of the proceedings. She therefore adjourned the trial to Wednesday, the 15th day of November 2006. The accused persons are standing trial for their alleged involvement in the March 21st abortive coup. They have, since then, pleaded not guilty to the charges preferred against them. PA MODOU FAAL ELECTED TO WORLD BODY By Annie Gaye Foroyaa interviewed Mr. Pa Momodou Faal the Secretary General of The Gambia Workers’ Confederation Executive Secretary General. Mr. Pa Momodou K.B Faal has been elected at a Global Union Congress during its founding congress as a member of the general council of the newly established International Trade Union Congress (ITUC). Foroyaa: What is the significance of the formation of the ITUC? B.G: The coming together of the 27th World congress of the World Confederation of Labour (WCL) on the 31st of October 2006 and that of the 29th World Congress of the International Confederation of Free Trade Unions (ICFTU) of 31st October 2006, for the founding congress of the International Trade Union Congress gathered approximately 2, 000 delegates representing 166 million members of 368 affiliated national trade union centres in 305 countries and territories from Africa, Asia Pacific, Europe and the Americas, held at the Messezentrum, Wien Congress Centre in Vienna, Austria, from the 1st to 3rd November 2006 in order to:. - admire their vision and determination - celebrate their commitment to unity in diversity Ours is a history in which the international development of Trade Unionism is interwoven with the history of the International Labour Organisation. At every step in the evolution of the ILO, Trade Unions pushed for action, defending it in difficult times and strengthening it at every opportunity. The WCL and the ICFTU and their predecessor organisations were always united in a shared commitment to freedom of association and the ILO which has the right to organise has been and must continue to be a cornerstone for our Unity of Action and work together. Today, we salute the struggles of the Trade Unionists on the African Continent, heroic Asia and the Americas. Let’s get together, show our solidarity. The struggle for Freedom is also struggle for Social Justice, for stability, for security, for peace in our communities. The ITUC and the ILO response, is the decent work agenda and a fair Globalisation. They are both founded on values that respect human dignity. In conclusion we are committed to: - Ensuring that growth delivers decent jobs and wages - Reducing for gender equality - Strengthening standards - Re-enforcing tripartism and social dialogue - Reaching out to others - Safe-guarding the fundamental right to freedom of association. That’s our common agenda, around which to organise, lobby, develop partnership and push for change. I see our efforts lining up in ways we might never have imagined; the political forces, the social development actors, the civil society voices and international organizations are all coming together around decent work for a decent life. We have to significantly influence the global agenda. The movement and the moment have arrived. Sociologists might call it a tipping point. The man or woman on the street might say it is a wake up call. Politicians might feel it is a call to attention. But I would call it an enormous opportunity; an opportunity for us to join forces and deliver together on the top political demand of women and men everywhere; the human aspiration and the fundamental right to the dignity of work and dignity at work. We have that opportunity for us and for all workers of the world to come together in unity. Our energy makes the ITUC a potent force. I feel empowered by Foroyaa’s question. THE GAMBIA, 2ND LARGEST ADB CREDITOE By Bubacarr K. Sowe Musa Gibril Bala Gaye, Secretary of State for Finance and Economic Affairs has revealed that the Gambia is the Second Largest Creditor to the African Development Bank (ADB). Mr. Gaye made this statement at the opening of a National Project Implementation Workshop held recently at the Kairaba Beach Hotel. “ Total debt owed to the Bank Group represent almost 27% of the overall external debt of The Gambia, and thus ranking the African Development Bank Group as The Gambia’s Largest Creditor,” the SoS said. He added that from 1974 to 2005, ADB has approved fifty-two operations in The Gambia amounting to US $287 million. According to Mr. Gaye, 84 percent of this net commitment are from the confessional window of the African Development Fund (ADF), 9 percent from the African Development Bank and the remaining 7 percent from the Nigerian Trust Fund (NTF). “As at end of December, thirty four operations have been completed and fifteen are ongoing while three have been cancelled. By end of 2005, The Gambia owed an amount of about UA114.05 million to the African Development Bank Group, with the African Development Fund accounting for around 99.3% (UA113.12 million), while remaining 0.7% (UA 0.75 million) is owed to the Nigerian Trust Fund,” Mr. Gaye said. Speaking at the occasion, the ADB’s Loan Accountant, J.H. Ghandi said the purpose of the training was to familiarize Senior Officials of the project, implementation agencies and other stakeholders with the policies and the procedures of the Bank. Mr. Ghandi added that the objectives of the workshop are to improve dialogue and coordination with project implementation agencies and; disseminate the bank’s documentation and best practices and program development. About 40 participants attended the training and certificates were awarded at the end. To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask]