Foroyaa Newspaper Burning Issue Issue No. 108/2006, 4-5 December, 2006 Editorial Who Will Advice The President? The state media has been broadcasting the remarks of the President during his meeting with President Abdoulaye Wade’s envoy and the swearing in of new cabinet members. In each case the remarks went far in excess of what is demanded by the situation. In terms of the swearing in of new cabinet members what is best is always to focus on the constitutional requirements, the qualification of the appointee and then can give advice on how the person can help to promote the ideal of collective responsibility. In short, section 72 of the Constitution states that “The Vice President and secretaries of state shall be responsible for the Departments of State and other business of the government as the President assigns to them. In making assignments, the President shall have regard to the desirability of ensuring that such responsibilities are entrusted to competent persons with relevant qualifications or experience.” Hence, the swearing in of a cabinet member should be marked by the elaboration of the demands of the cabinet post, the indication of the qualification or area of competence of the appointee and an advice on what is expected to ensure best performance of duty. Such an approach helps a President’s speech to be focused and helps him or her to avoid diplomatic slippage that can earn one bad press. In the same vein, speeches that should be associated with visits by foreign envoys and their Gambian counterparts to a head of state should be carefully guarded to ensure that they do not go outside the bounds of the term of reference and level of authority of the envoy. The best performing President is one who allows himself or herself to be guided by the collective wisdom of a cabinet, a public service or the people in general. NADD FLAG BEARER ON NATIONAL ASSEMBLY ELECTIONS 2007 The IEC has spoken. National Assembly elections are to take place on 25th January 2007. Nomination of candidates is fixed for 4th – 6th January 2007. The campaign period is fixed for 10th - 23rd January 2007. I am not sure whether the IEC is adhering to the letter of the Constitution in establishing the date for the elections. The amendment to the constitution states that “The person declared elected as President shall take the prescribed oaths and assume office on the day the term of office of the incumbent President expires.” Presidential election took place on the 22nd September 2006. Four months after the date of the election of a new President should be 23rd January 2006. We will not belabour the point. We simply wish to reiterate that NADD stands for the rule of law and shall forever weigh all actions of our public institutions against the dictates of the law. Those who manage them are free to act according to the dictates of their own judgments and conscience. History shall be the final judge. The question now arises: What is NADD’s position on the National Assembly elections, 2007. The answer is simple. If NADD is to be relevant it must develop strategies and tactics that are in line with the aims and aspirations of The Gambian people. What do the Gambian people want? What are NADD’s strategies and tactics for the 2007 National Assembly elections? Clarity on these questions are absolutely essential if the people are to have a sense of direction on what issue to base their votes on. First and foremost, NADD must remind the Gambian people that they have absolute power to determine how their country is governed. This is clearly stipulated in section 1 sub section (2) of the Constitution which states that “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.” Dear Compatriots, sovereignty resides in each of us. Collectively, we are the rulers of the country. The President and the National Assembly members are our servants. They are supposed to do what we want otherwise we can remove them from office and select those who can better render us the services we want. Principal among their tasks is to eradicate poverty and tyranny and promote liberty and prosperity. The people therefore want a President and National Assembly members who will promote their liberty and prosperity by enacting good laws and formulating good politics. The people have already elected a President. The President appoints a cabinet of secretaries of state or ministers who formulate policies and utilise natural resources to implement programmes. They can also prepare bills on specific areas where they need laws to implement policies and bring them to the National Assembly for approval. The National Assembly is created to enable an independent and powerful body to scrutinise and restrain the executive by criticizing bills, policies and programmes that are not likely to promote the liberty and prosperity of the people. Hence a genuine National Assembly is one that can effectively monitor all bills, international conventions, policies and programmes from the various secretaries of state or ministers and oppose any legal instrument, policy or programme that is not in the interest of the people or the Nation. This is why section 112 of the Constitution states categorically that “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 dictate of conscience and the national interest.” One may now ask: What is NADD’s strategy and tactics in ensuring that a genuine National Assembly emerges in 2007. Learning from hindsight, if a genuine National Assembly is to emerge it should not be dominated by the party of the President. Strategically, power to make decision in the National Assembly is determined by numbers. Currently, there are 48 elected seats and five nominated seats in the National Assembly. When one of the nominated members takes the place of Speaker, National Assembly members who have power to make decisions reduces to 52 members. According to the Constitution, to amend it would require ¾ of the votes of the members of the National Assembly. This is equivalent to the 39 members of the National Assembly. Hence if the non APRC members occupy even 14 seats the APRC government and its National Assembly members would not be able to amend the Constitution without the consent of the non APRC members. Hence the first strategic objective of NADD is to have sufficient non APRC members of the National Assembly elected to deprive of the members in the National Assembly to amend the Constitution as the executive wishes. This is the first point. Secondly, certain decisions of the National Assembly require a 2/3 majority. This would require 35 seats. This means that if non APRC members occupy 18 seats those decisions cannot be made by the APRC group without the consent of the non APRC group. To have enough seats so that the APRC group will not be able to have 2/3 majority to make decision without the consent of the non APRC group is our second strategic objective. Finally, the passing of most bills and other decisions of the National Assembly are done on the basis of simple majority. The simple majority for 52 seats is 27. Hence, if the non APRC members occupy 26 seats and the APRC occupy the other 26 it will not be possible for the APRC executive to do what it wants without consultation with the non APRC members. Needless to say, if the non APRC members have 27 they should be able to scrutinise. Hence, NADD’s final strategic objective is to ensure that the non APRC members of the National Assembly occupy at least 14, 18 or 26 or 27 seats to be able to pose an effective check over the powers of the executive. Now that our strategic objectives are clear. What tactics are we going to employ to attain them? The first tactic we should have employed is for the opposition to negotiate and put one candidate in each constituency. Now that the UDP led alliance has declared its stand to put up candidates in all constituencies. NADD shall aim to attain its strategic objective by identifying individual candidates it can support irrespective of whether they stand as independent candidate or under the ticket of other parties. What is significant is to identify between 14 and 27 genuine candidates as our minimum programmes require and then give them the fullest support. Each candidate identified will be named and given approval in public. In this regard, all independent candidates who wish to stand for NADD or for other parties but would not appreciate NADD’s support should address letters to NADD before 14th December 2006 when nomination papers are to be distributed by the IEC. The Address is as follows: NADD Executive, Papa Sarr Street, Churchill’s Town Other contact numbers are: NADD Executive, P.O. 2306, Serrekunda Phone: 4373138 Mobile: 9902864 Email; [log in to unmask] The battle to take full charge of our destiny has just begun. The Presidential election is now history. Another opportunity exists for people to entrust their power to representatives who can ensure that the executive operates in an accountable and transparent manner so that impunity is checked and governance to promote prosperity and liberty prevailed. This is the demand of all just and sensible Gambians and should be respected. NADD will do its part to answer to the call of destiny. We therefore call for the material, financial, verbal and moral support of everyone who wants decency to characterize the manner of governance of this country until the desired change can be effected by the people. Power to all sober Gambians Long live the solidarity of all those who want genuine representatives Long live NADD Long live transparency, accountability, truth and justice Abdoulie Sowe Testifies Against Captain Bunja Darboe By Fabakary B. Ceesay Detective First Class 1580, Abdoulie Sowe, on Thursday 30th November 2006, testified as the first prosecution witness (PW1) in the case of Captain Bunja Darboe. Detective Sowe told the court that when Captain Bunja Darboe was brought before the panel that was setup by the state to investigate into the March 21st coup plot, a document was found on him. He said that the document is called “ Preamble.” He said the document was prepared to be read out to the general public, if the coup succeeded. He posited that Captain Darboe told the panelists that the document is kept in the drawer in his office. Detective Sowe indicated that he, together with Nfally Jabang and Detective Corporal 1203, Boto Keita, escorted Captain Darboe to his office to retrieve the said document. He said that Captain Darboe admitted to the panel that he was asked by the then Chief of Defence Staff (CDS), Colonel Ndure Cham, to prepare a written document to be read out to the general public, as his role and involvement in the foil coup. Mr. Sowe also indicated that a document containing the names of those involved in the coup, those to be arrested and released, a document containing a list of charities and a document written in Arabic were found. Sowe added that, upon the request of the accused person to speak to the general public and to the commander in Chief of The Gambia National Army, a video tape was recovered from GRTS. He said a radio tape (cassette) and a micro radio tape with a small cassette were also recovered. Sowe then identified the said document, “Preamble,” and added that it contained Captain Darboe’s signature. At this point, the prosecution wanted to tender the said document but the defence raised objections. Defence Counsel Lamin Jobarteh objected that the accused person is not the maker of the statement, (Preamble). He said even if the accused was the maker, it was made in front of the panel under severe duress. He said:” This document is at no time recovered at the drawer of the accused person’s office. There is nothing to show that the accused is the maker of that document nor to say that he was supposed to read it to the public. I therefore urge this court not to accept it.” The prosecutor, Emmanuel Fangbele, said there is no doubt that the accused is the maker of the document because the witness has identified to the court the signature of the accused on the document. He added that there is no evidence of duress before the court. “I therefore urge the court to admit it,” he concluded. The Judge advocate Justice Agim, ruled that the accused is the maker of the document. He said that the witness has testified that he and two other officers went to the office of the accused person and found the document in his drawer. He dismissed that the document was made at the panel. “There is no evidence to show that the recovery of the said document is illegal. I therefore agreed with the prosecutor that it is relevant to tender the document in court,” Justice Agim ruled. The said document was later tendered and marked as an exhibit. Detective Sowe further stated that he, detective 1203, Boto Keita, and Nfally Jabang accompanied Omar Keita (alias Omar Faal) the marabout of the accused person to his house. He said they found a document bearing a list of items as charities and a document written in Arabic. At this point counsel Jobarteh objected that the issue about Omar Faal Keita is not the case before the court and that Omar is standing trial at another court. He indicated that the witness is saying that the document was recovered from Omar Faal and not any one of the accused persons in this court. He said that the document that contained the items to be used as charity is “nothing,” because that charity could be for any use. Jobarteh added that Omar Faal is not the accused before this court, so the issue about him should be laid to rest. He also urged that Omar Faal should not be treated as the marabout of the accused person. Jobarteh appealed to the court to ask the press not to write anything on that issue because Omar Faal faces trial at another court. But Justice Agim ruled that, “ Even though Omar Faal is before another court, the newspapers are likely to report what happens here.” The document was later tendered and marked as exhibits. On Friday 1st December 2006, Detective Sowe continued his testimony. He told the court that the video cassette that was recovered at GRTS has a green mark and that he would recognise it, which he did. But defence counsel Lamin S. Camara objected that the witness did not lay a proper foundation about the cassette and that there is no evidence as to where the cassette was recovered and that the witness is the recorder of the cassette, but rather GRTS. Camara argued that only GRTS can tender the said cassette and that the witness has not testified that the accused is the maker of the cassette. Counsel Jobarteh also objected that the witness did not indicate that he went to GRTS to recover the video cassette by himself. Jobarteh argued that the witness never conducted any search at GRTS to recover the cassette. He said that the witness did not say he recovered the cassette but that during the cause of their investigation they recovered the cassette at GRTS “Moreover, the cassette was not marked, but it was labelled “coup plotter’s video,” the Police officer did not understand the differences between “Mark and label,” said Jobarteh. He further stated they are very disappointed by the prosecution, because the summary of evidence that was given to them is practically different. In his submission, the prosecutor Emmanuel O. Fangbele pointed out that Detective Sowe has mentioned two Police officers including himself who went to recover the video cassette, a tape cassette and a micro cassette. He said the witness did not say the cassette was recovered by any person but that he recovered it in the cause of their investigations. Fangbele argued that the defence cannot prove that the witness did not conduct any search at GRTS. “The defence cannot say the cassette is not marked, labelled and marked are all the same and whether it is a stroke or writing they are all the same.” Judge advocate Agim ruled that there is no doubt that the investigating officer who recovered the cassette can tender it. At this point, the cassette was tendered and marked as an exhibit. Going further, Sowe indicated that during their investigation, one Corporal Mbye Gaye was brought to the panel upon information that he were having a micro radio tape and a small cassette of which he said was recorded from the coup plotters. Detective Sowe said he recovered the said materials from Corporal Gaye. He identified the material which was tendered and marked as an exhibit. “Crackdown On Beggars Is Unfortunate” Bubacarr K. Sowe Muhamed Korah, Chairman of the Gambia Federation of the Disabled (GFD) has described the recent crackdown on beggars as unfortunate. Speaking to Foroyaa on Saturday, Mr. Korah said that the authorities should have collaborated with their federation in order to work on appropriate solution. “It is just unfortunate, because we do not know how it came about,” he said. Korah also indicated that The Gambia Organisation for the Visually Impaired (GOVI) has written to the Department of State for the Interior appealing on behalf of the blind people. He also said that some of the disabled organisations are on the verge of creating programmes that may change the lives of the disabled towards a dignified life. He added that GOVI has started a community base rehabilitation programme for the blind and an skill centre has been established by the Gambia Association of the Deaf and Hard of Hearing (GADHOH). It could be recalled that 21 beggars were recently convicted for causing public nuisance after a mass operation that targeted beggars at Westfield and along the Kairaba Avenue was carried on by the police. NAYCONF Finalises With Alieu Mbye Ndere By Isatou Bittaye The Chairperson of the National Youth Council and member of the NAYCONF orgainsing committee, Mr. Alagie Kebbeh, has said that their team has returned from Dakar, where they secured the services of the popular musician, Alieu Mbye Ndere, for a fundraising show. Mr. Kebbeh indicated that Alieu Mbye Ndere played for NAYCONF in 1999 and is invited again for NAYCONF 2006. He said they had already signed the contract with him and he is to perform on the 24th of December in Brikama, 25th December at the Teranga Beach Club and the 26th of December, at the Independent Stadium. Mr. Kebbeh noted that the fundraising committee is working on the price of the tickets for the show. He indicated that they have set up teams for a pre-NAYCONF Sensitisation programme in all the regions noting that the sports committees have started since last Saturday, and the Culture and Award Committee will start on Monday. Mr. Kebbeh added that NAYCONF is appealing to all donors to come on board to support them on their fundraising. He said consultations and preparations would continue in order for NAYCONF 2006 to be a success. “We Were Rescued” Repatriated Migrant By Modou Jonga A repatriated migrant has given a vivid picture of how they were rescued by a Dutch Crew at sea. In his narration, the repatriated migrant who spoke to this paper on condition of anonymity, said they boarded a boat at the creeks at Old Jeshwang during the month of Ramadam. “The boat was hidden at the creek at Old Jeshwang. Two officers from the Police Intervention Unit came to the creeks at Old Jeshwang the day we were supposed to leave for Spain. But they did not see the boat. A helicopter hovered over the area, but the crew did not see the boat. We postponed the trip that day and left two days after that incident,” he remarked. The returnee said some of them paid twenty five thousand dalasis, while others paid thirty five thousand dalasis for the trip. He pointed out that there were one hundred and eleven people on board the boat. According to him, they managed to pass through the Ports Authority without been noticed by the marine. He said they were determined to reach Spain, but their hopes varnished in thin air when the battery of their compass got finished. According to him, they roved in the sea for seventeen days. He said their water finished on the sixteenth day of the trip. “We did not drink the whole of that day (the sixteenth day). Some of us tried to drink the salt water, but we had to spit it out, because it was not drinkable. We did not cook food that day because there was no water; some of those who were hunger stricken had to eat uncooked rice. Our cigarettes got finished and we had to wrap on paper and smoke it. We also ran out of fuel. We were terrified. We thought we were going to die. We wrote our names and addresses on our laps and hands because we thought we were going to die. It was on the evening of the seventeenth day that we saw two vessels. The crew on board the vessels told us that they were Dutch nationals and that we were in Dutch territorial waters. They said we have passed Spain. The captain of our boat asked them to help us. They told us that they were going to Nouadibou in Mauritania. We agreed to go with them. They tied our boat with a rope and tied it to one of their vessels. We headed for Nouadibou, but to our surprise we were taken to Morocco where we were received by Moroccan coastal guards. We were taken to the Moroccan port where we met a heavy presence of security guards. Some of our colleagues who were ill were put on board on ambulance and taken to a hospital where they received treatment. We were in Morocco for 20 days. We were well treated by the Moroccans. We were in the same camp with the Senegalese and Malians. The Senegalese left Morocco before us. We were impatient because we were eager to come home. In fact there was a day we took our bags and headed for the airport. We had a scuffle with the Moroccan guards who later forced us to go back to the camp. It was during the twentieth day that an official from the Gambian Embassy in Morocco came to the camp to meet us. We left Morocco and on arrival at Banjul International Airport, we met a heavy presence of security officers at the airport. They interviewed and treated us nicely. The authorities we met at the airport gave each of us one hundred and fifty dalasis. They also provided transport for each of us,.” he remarked. The repatriated migrant said the captains of their boat, namely Ndongo Njie and alias “Big Bos” were arrested by the Police at Banjul International Airport. He said the boat they boarded was impounded by the Moroccans. Palaver At Old Yundum Plans to move the Old Yundum Market to the latter’s football field has triggered rancour amongst the residents of the area. The fued between the local authorities and the residents of the area led to the arrest of Joe Mendy, Mamut Bah and several others. Talking to this reporter, the women of Old Yundum asserted that they cannot accept the decision of the Alkalo’s son to move the market from it’s present place to the football field. According to them, the football field is not an ideal place for a market since the health post and the school are situated there. Worst of all, the women that they need to cross the highway daily if the market is moved to the football field. The men and the youths who spoke to this reporter, pointed out that they cannot sit and allow an individual to put villagers at risk just for his own individual interest. They matched to the PIU. At the PIU, over one hundred women accompanied by forty men complained to the officers that the Alkalo of Yundum Koto and his son in collaboration with the Governor of Western Division sold their market and was to move them to the football field which according to them is not a good place for a market. However, their complaints were noted by the officers who received them, but the officers told them that they were the ones who had given the Alkalo the audacity to sell the land. They told the villagers that the decision to move the market to the football field was made known to them, but they did not lodge their complaint to the appropriate authorities. They told the villagers that they (villagers) did not go to them (PIU) until they ordered their men to move them to take up the matter with the council for redress. The youth of the area have expressed dissatisfaction over the decision to move the market to the area where the football field is situated. Biran Saine Heads National Guards The President in his capacity as the Commander-In- Chief of the Gambia Armed Forces, has appointed Lieutenant Colonel Biran Saine as the Chief of National Guards Staff. This announcement was made by The Gambia Armed Forces. The Gambia Armed Forces is composed of the Gambia National Army, The Gambia National Guards and The Gambia Navy. By his appointment, Lieutenant Colonel Biran Saine is the head of the National Guards. 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