Jarra news
Tuesday, October 29, 2024
Valuable Lessons And Experiences In Multilateral Lobbying
As a team, we were dedicated to tirelessly promoting the candidacy of Hon Dr. Mamadou Tangara for the position of Commonwealth Secretary-General. Since December 2023, the Gambia High Commission in London, alongside other sister missions, collaborated with the technical team at the Ministry of Foreign Affairs, led by His Excellency PS Lang Yabou, PS Mboob, Director of Europe Mariam Khan, and Director of Protocol Ebou Sillah.
International multilateral organisations such as the Commonwealth are a prestigious entity of fostering the existing international rules-based order. Meeting and listening to 56 Foreign Ministers, with the Commonwealth Secretary, Rt Hon Patricia Scotland and her diverse technical teams, discussing and lamenting on issues with them is a good experience. And The Gambia is always mentioned with warmth and respect.
I feel privileged to have contributed, alongside other technical team members, including Mr. Amadou Jaiteh in the New York Mission, who is a consummate professional of integrity. If memory serves me correctly, he was the one who took down former President Jammeh’s portrait at the Permanent Mission of the Gambia in New York, responding to the people's call for President Jammeh to honour the verdict expressed through the ballot. Mr. Amadou Jaiteh served under Dr. Tangara as First Secretary and Legal Adviser. He affirmed that Dr. Tangara is a skilled diplomat with a forward-looking vision for his country. Mr. Jaiteh references the dark period of our political impasse, when Dr. Tangara along with other diplomats aligned with the Gambian people, disregarding Jammeh’s election petition by engaging the UN Security Council in collaboration with the sister Republic of Senegal, which led to AU and ECOMIG involvement in upholding the people's verdict.
Ms. Marang Sanyang at the Addis Ababa Mission is a brilliant legal mind with a commendable professional work ethic. Mr. Saikou Ceesay from the Washington Mission, along with all the staff at the Ministry of Foreign Affairs, made significant contributions by facilitating regular conference calls throughout the process.
As a rights and political activist for over 20 years, I have a deep understanding of the significant issues of discussions in The Gambia, as well as the concerns of government and non-government actors likewise the political opposition. However, it is important to recognise that the international community is not a one-dimensional entity driven solely by specific agendas. Numerous countries with troubled pasts have nonetheless hosted key international events and even led major institutions. The complexities of our current era, coupled with the accountability of prominent personalities, will undoubtedly remain subjects of ongoing debate and discussion. To whom much is given, much is expected.
This campaign was not solely about Dr. Tangara; it was an invaluable learning experience for many within The Gambia’s diplomatic cadre. Young, vibrant diplomats were carefully selected to participate and share innovative ideas for our country. The process opened a pathway for the future of The Gambia’s foreign policy, allowing us to engage with accomplished diplomats from all regions of the Commonwealth (Africa, Asia, Europe, the Caribbean, and the Pacific Islands). Selling a candidate is always difficult, especially with the brotherly structure of the commonwealth. Meeting Prime Ministers, FM, and Heads of delegations with specific national agendas is the pinnacle of lobbying for support.
As a small nation, we indeed approached this campaign with determination, decorum, and respect, fostering strong international partnerships. Her Excellency Dr. Fatou Bensouda, the High Commissioner and Campaign Manager, empowered our technical team to conduct ourselves with vigour and diligence, seizing every opportunity to advocate for our candidate. Together with Ambassador Lamin Dibba, Ambassador Jainaba Jagne, Ambassador Professor Muhammed Kah, and others, we represented our candidate and The Gambia at every possible occasion. Each member of the team was deeply engaged in the campaign, contributing thoughts with intellectual assurance and patriotic enthusiasm to ensure our candidate's and The Gambia's success.
The competitive race involving two African candidates was indeed a challenging endeavour. Hon Dr. Mamadou Tangara maintained a commendable disposition throughout the campaign, demonstrating comradeship towards our competitors. The contest for a single position among African candidates was always going to be difficult. Our team remained committed to conducting the campaign with positivity and cordiality, treating our opponents with respect.
Visiting various high commissions in London, communicating with High Commissioners, and addressing misinformation about our candidate proved insightful, highlighting the reality that, irrespective of the position one aims for, "politics can sometimes become contentious," with some vying for advantage using every tool at their disposal.
We are grateful to all our embassies and missions, including those in the African Union, China, Brussels, Madrid, and Turkey, for their contributions in disseminating campaign information. We remain resolute in our efforts!
We believe that Dr. Mamadou Tangara's candidacy for the Commonwealth Secretary-General role represented a significant opportunity for The Gambia to enhance its diplomatic influence and assert itself on the global stage. Given his extensive experience in diplomacy, Dr. Tangara is qualified to lead one of the world’s largest intergovernmental organizations. His career includes serving as The Gambia's Minister of Foreign Affairs and as Permanent Representative to the United Nations, showcasing his ability to bridge divides and foster consensus, which is corroborated by Mr. Amadou Jaiteh’s observations.
The Gambia High Commission organized a drinks reception on September 9, 2024, supported by Africel, E&P, Global Properties, HCAPS, Binti, WYN, and Yonna, attracting diplomats and representatives from numerous Commonwealth nations.
Our meetings with the Commonwealth Board of Governors in May injected significant momentum into our campaign, particularly once a single African candidate was no longer in the running.
The campaign took us to the Chatham House debate in London and the UN General Assembly in New York, where our diplomats and campaign team actively engaged with counterparts on serious diplomatic matters. Dr. Tangara’s candidacy transcended political affiliations within The Gambia, emphasising national unity over partisan interests, this endeavour was not solely about national politics but rather a representation of The Gambia on the international stage.
It was surprising to witness negative petitions against Dr. Tangara due to his previous service in the former government. In our new democracy, such reactions are to be expected, and as a campaign team, we accepted them in good faith and continued our efforts.
Although Dr. Tangara was not selected as Secretary General, The Gambia’s name has positively risen on the international stage.
In conclusion, I would like to express my sincere gratitude to His Excellency, President Adama Barrow, for his unwavering support during the campaign. And for always according me brotherly courtesy and time. To Her Excellency Dr Fatou Bensouda, for the trust and confidence bestowed on us. To PS Lang Yabou and the MOFA team, we thank you for the encouragement amidst buffering against the bigger country, Ghana. I commend the staff of our Mission in London for their tireless work throughout the campaign, and I extend special thanks to Ms. Manjit K. Gill MBE for her support and voluntary contributions, as well as to all well-wishers both within and outside The Gambia. We are also grateful to His Excellency, the Vice President, for his attendance at the Samoa CHOGM.
The Gambia is indeed loved by many – with the battles for her heart – May God Guide us at all times. The Gambia is a land of vibrant colours and warm smiles, its beauty captivates both those near and far.
Sulayman Suntou Touray,
Deputy Head of Mission
London
Over D300,000 Missing At KMC say Karamo Ceesay
source Namasita
KMC Finance Committee Chairman Reveals Investigation into Missing Funds Abandoned
Kanifing, The Gambia – Karamo Ceesay, the Councillor of Tallinding South and Chairman of the Finance Committee of the Kanifing Municipal Council (KMC), has revealed that an investigation into deleted financial records was left unfinished, leaving nearly D300,000 unaccounted for. This disclosure was made during his testimony before the Local Government Commission of Inquiry, which is examining the administrative and financial practices of local government councils from May 2018 to January 2023.
Ceesay explained that he had been part of the investigation team looking into the missing financial records from the KMC’s rates unit. However, he stated that the inquiry was abandoned without any conclusive findings, meaning no one was held accountable for the missing funds amounting to D297,941.43. According to Ceesay, “The investigation was not concluded, and until now, the amount remains unaccounted for.”
The Finance Committee Chairman highlighted that former Acting Deputy Director of Finance, Sheriff Njie, had alerted the Mayor’s office to the deletion of records in the Matrix System, the council’s financial management software. This prompted an initial investigation by both the Finance and Establishment Committees. Although the investigation team questioned several key personnel—including the software developer, the cashier, and the IT manager—no clear culprit was identified due to technical limitations in the system, which lacked an “audit trail” to track user activity.
Ceesay disclosed that the investigation hit a major roadblock when the IT manager, who had significant access to the system, unexpectedly resigned during the inquiry and became unreachable. This setback, combined with an incomplete technical assessment of the Matrix System, ultimately led to the abandonment of the investigation. “The IT manager’s resignation left many questions unanswered, and without his input, the committee was unable to reach a definitive conclusion,” Ceesay explained.
Unfulfilled Accountability Measures
Lead Counsel Patrick Gomez expressed concerns over the council’s failure to conclude the investigation. He emphasized that a formal report should have been issued, regardless of the findings. “You must have a report. Your report can indict someone or confirm that no one can be held responsible based on the available facts, but you must have a conclusion,” Gomez stated.
Ceesay agreed with this assessment, acknowledging that the council should have issued a report, even if it was inconclusive. However, he noted that structural and operational challenges at KMC had hindered their ability to take appropriate actions regarding the missing funds.
Concerns Over Compliance with Financial Regulations
During his testimony, Ceesay also addressed questions regarding the KMC’s compliance with financial regulations. He admitted that while KMC had various operational accounts, it did not have a specific “Fund of Council” account as mandated by the Finance and Audit Act of 2004. This act requires all local councils to maintain a development fund account for all revenue generated by the council. Additionally, he revealed that the council’s Accounts Committee, which he was a part of, rarely met to review financial reports, further complicating oversight and accountability efforts.
Ceesay shared that the council allocated D200,000 annually to each ward development committee for small infrastructure projects from 2019 to 2023, except in 2019, when funds were withheld due to the lack of ward development accounts. In that year, the council implemented projects directly, bypassing the ward committees.
Questionable Payments and Oversight Shortfalls
The Commission also probed the council’s practice of making honorarium payments, which were not explicitly permitted under the Local Government Financial Manual. Ceesay admitted that he was unaware of any legal basis for such payments, prompting further scrutiny of KMC’s expenditure practices.
The Commission highlighted multiple audit findings pointing to financial mismanagement and unaddressed allegations of fraud within the KMC. Ceesay admitted that internal audit reports, which are supposed to be reviewed by the Accounts Committee, were often not forwarded to his committee for further action. This lack of oversight, he conceded, likely contributed to the council’s inability to address fraudulent activities and irregularities flagged by auditors.
Uncollected Revenues and Accountability Gaps
In addition to the missing D297,941.43, internal audit reports uncovered significant uncollected revenues within the council. A report for the first quarter of 2021 revealed outstanding invoices amounting to over D29 million, alongside uncollected fees from market canteens and other council assets. Ceesay was asked to provide an update on the collection of these outstanding balances, further underscoring the council’s struggle with revenue management and accountability.
A Call for Improved Governance
The testimony of Karamo Ceesay has raised serious questions about the governance and financial oversight practices at the KMC. The incomplete investigation, coupled with the lack of a robust accountability framework, has left the issue of the missing funds unresolved. Chairperson Jainaba Bah and Lead Counsel Patrick Gomez have emphasized the need for greater transparency and adherence to legal requirements within the council.
As the Local Government Commission of Inquiry continues its work, the revelations from KMC’s operations highlight the importance of rigorous financial oversight and clear accountability measures in local government. For Gambians, this investigation serves as a reminder of the need for transparency and the critical role that councils play in managing public funds responsibly.
Saturday, October 19, 2024
Kalipha MM Mbye Appointed As Clerk National Assemble
National Assembly Appoints Mr. Kalipha MM Mbye As New Clerk
Banjul, The Gambia - The National Assembly has approved the nomination of Mr. Kalipha MM Mbye as Clerk of the National Assembly, effective 20th December 2024.
The motion to appoint Mr. Mbye was tabled by Hon. Billay G Tunkara, Majority Leader and Member of the National Assembly Authority, during the Second Extra-Ordinary Session of the 2024 Legislative Year on Saturday, 19th October.
Mr. Mbye will succeed Mr. Momodou A Sise, who is scheduled to retire on 19th December 2024.
Prior to his appointment, Mr. Mbye served as the Deputy Clerk Legal and Procedural Matters at the National Assembly. In this role, he was responsible for overseeing and coordinating the effective functioning of the Legal Affairs, Table Office, and Sergeant-at-Arms departments.
As the chief legal and procedural expert, Mr. Mbye provided essential legal and procedural advice to the Speaker, Deputy Speaker and all Members of the National Assembly, ensuring the smooth and orderly operation of the National Assembly.
About The New Clerk
Mr. Kalipha M.M. Mbye holds a Master of Laws (LLM) degree in International Legal Studies from the University of Bradford, UK, and a Bachelor of Laws (LLB) degree from the University of The Gambia. He has a wide range of professional qualifications, including certifications from the CPA Parliamentary Academy in Leadership in Parliament and Administration and Management of Parliament.
Mr. Mbye's experience spans over a decade in various roles within the National Assembly, including Director of the Table Office and Hansard, Assistant Clerk, and Committee Clerk. He has served as a focal point officer for international projects related to fiscal transparency, democracy consolidation, and parliamentary training.
In addition to his responsibilities in the National Assembly, Mr. Mbye is an Adjunct Lecturer at the University of The Gambia, teaching Public International Law. His vast experience in parliamentary procedures, drafting legislative reports, and leading reforms such as the revision of the National Assembly's Standing Orders and the drafting of the National Assembly Service Bill are notable achievements in his career.
Friday, October 18, 2024
Information Minister Visits GAMTEL
The Honourable Minister of Information Dr. Ismaila Ceesay overseeing the Ministry of communications and digital economy
(MoCDE) was at GAMTEL on the 14th October 2024 for familiarisation tour.
He was accompanied by the Deputy Permanent Secretary Mr Assan Gaye and Senior officials from the Ministry.
The delegation was received by Senior Management and staff of GAMTEL/GAMCEL.
The purpose of the visit was to engage and dialogue with GAMTEL/GAMCEL Management to acquire first hand information on the
infrastructure, Operations and the challenges faced by both entities.
The Minister further stated the need to support GAMTEL to take the lead in the country's digital transformation agenda,
and to ensure both institutions become more competitive and continue to provide reliable and efficient service delivery.
The Managing Director of GAMTEL Mr Lamin A.Tunkara solicits support from the government through the Ministry for Gamcel
to have a state of the earth billing system that would enhance quality services and increase revenue generation.
Court Refuses AG’s Attempt To Remove MCA From AKI Case
Court Dismisses Attorney General's Attempt to Remove MCA's Name in AKI Case (66 babies death of paracetamol syrup)
By Kexx News
The Attorney General attempted to remove the name of the Medicine Control Agency (MCA) in the suit file by 19 families of victims of Acute Kidney Infection, but Justice Ebrima Jaiteh of the Banjul High Court dismissed the application, saying MCA could be sued.
He said the application lacked merit and he dismissed it. The 19 Families of Acute Kidney Injury (AKI) Victims filed a lawsuit against Maiden Pharmaceutical, Atlantic Pharmaceuticals Company, Medicines Control Agency, Ministry of Health and Attorney General seeking justice for the tragic demise of their children caused by cough syrup manufactured by the Maiden Pharmaceutical Company.
By a motion dated and filed on 7 October 2024, the Attorney General on behalf of the MCA, Ministry of Health and his behalf (referred to in this article as Applicants) through State Counsel Binga D, the Director of Civil Litigation at the Attorney General’s Chambers asked the court to pass an order dismissing the suit against MCA.
It is the submission of Binga D (applicants) that they are not liable to be sued in tort unless sovereign immunity has been waived and, therefore, the court lacks subject matter jurisdiction over the claim. Also, he argued that actions and omissions of the State and its officials in the exercise of discretionary functions, or its role as a regulator, are immune from civil liability. The safety policies of the State are discretionary regulatory and are immune from civil liability;
Binga said the core policy decisions by the State are immune from tort liability in general and negligence in particular because they are fundamental constitutional and institutional roles vested in the executive and not subject to the judiciary’s private law oversight.
He added that the separation of powers doctrine precludes the judiciary from adjudicating and/or imposing liability on either the executive or legislative branches of government based on the performance mandates; of their core constitutional institution matters.
It is his case that there is no waiver of sovereign immunity in matters of activities involving the exercise of core constitutional and institutional roles or mandates by the State, and the claims or disputes involving the State policies are not justiciable and not capable of adjudication in civil litigation. He concluded that the victims’ families have failed to identify any applicable waiver of the state sovereign immunity.
In moving his application, Binga D Counsel for the Applicants submitted that prayer 3 on the writ of summons cannot be granted pursuant to sections 17 (2)&(4) of the State Proceedings Act and also referred the court to the case of Yakumba Jaiteh versus the Clerk of the National Assembly and Others.
Counsel Binga further referred the court to case law authorities from the Common Law Jurisdiction of England without providing the said authorities to the Court. It is his submission that the actions of the Applicant as a statutory body are not open to civil action and further argued that the actions of the Respondents against the Applicants and its agencies do not grant the families the right to sue the State as the State is not liable in tort.
In responding to the application on points of law, Senior Counsel Yassin Senghore for the families referred the court to section 7 of the 1997 Constitution of The Gambia and submitted that it binds this court and also refers this court to the case of Yakumba Jaiteh at page 21.
She stated that the court cannot grant an injunction against the State; however, the court can make declaratory orders and determine any act.
Counsel Yassin Senghore further submitted that what the families are seeking are declaratory orders, which are provided for under the State Proceedings Act without recourse to a fiat. Counsel Yassin Senghore refers this court to sections 3, 4(1) (3), 10, and 17(2) (4) of the State Proceedings Act. She argued that the court has the power to hear the case.
She argued that the Medicine Control Agency is a corporate body that can sue and be sued and was established by the Medicines and Related Product Act of 2014.
Counsel Yassin Senghore further argued that the Common Law authorities cited are not binding on this court and section 211 of the 1997 Constitution is irrelevant to the issues before the court. She urged the court to dismiss the case.
In his ruling, Justice Jaiteh said it is important to state that the right to sue the state is provided under Part Il of the State Proceedings Act, which provides “A claim against the State may, subject to the provisions of his Act, be enforced as of right and without any fiat, by proceedings taken against the State for that purpose in accordance with the provisions of this Act.”
The Import of section 3 above is that a suit can be filed against the State subject to other provisions of the State Proceedings Act, which means that the application of section 3 is subjected to other provisions of the said Act. Section 4 of the State Proceedings Act (supra) deals with the liability of the State in tort.
“The State as a party is subject to all the liabilities in tort as if it were a private person of full age and capacity and this I shall hold as a fact,” Justice Jaiteh said.
Justice Jaiteh said the MCA was established under section 3(1) of the Medicines and Related Products Act of 2014; that the Agency is a statutory body corporate with perpetual succession and may sue and be sued in its corporate name.
“It, therefore, implies that the Medicines Control Agency can sue and be sued by any party, and this I shall hold as a fact,” Jaiteh said.
Justice Jaiteh said the requirement of seeking the consent of the State or Sovereign Immunity does not apply in this jurisdiction and is of no moment.
“It is as of right that any person who is aggrieved and has a claim against the State can sue the State without seeking the State’s consent to do so and can be enforced as of right,” he said.
“Consequently, Sovereign Immunity as argued and submitted by Binga D. Of Learned Counsel is immaterial and inapplicable in this jurisdiction,” he added.
He held that the Medicines Control Agency, the Ministry of Health and the Attorney General are liable to be sued in tort, and no sovereign immunity is required in law.
“State policies are justifiable and capable of adjudication in civil litigation if they give rise to cause of action in tort against the servant or agent of the State,” he said.
On the issue of whether the separation of powers doctrine precludes the judiciary from adjudicating and/or imposing liability on either the executive or legislative branches of government based on the performance of their core constitutional or institutional mandates and not subject to the judiciary’s private law oversight.
Justice Jaiteh said it is important to state that the term judiciary, in essence, denotes the branch of the State, popularly known as the third arm of the State that is constitutionally responsible for interpreting the laws and administering justice. He added that the primary role of any court is to do justice.
“A court of law is enjoined to dish out justice to parties to any proceedings in consonance with the law. A court of law is not allowed to jettison or turn a blind eye to sacred prescriptions of legislation in the guise of doing justice, be it substantial justice. That would be akin to abdication of its sacred official duty,” he said.
He said the court, in execution of its core mandate of adjudication, is obligated to interpret and administer justice according to law.
“Where the executive or the legislature is a party to a proceeding, the court is obligated to interpret and administer the law and is not precluded liability on the executive or legislative branches of government based on the law where that performance has given rise to a cause of action in tort,” he said.
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Wednesday, October 16, 2024
Judge Asked Sheriff of High Court Allow Paulo Djabi Access His Money
Justice Ebrima Jaiteh of the Banjul High Court ordered the Sheriff of the High Court to allow Paulo Djabi to have access and be allowed to receive 25% of the monies seized from him by the Drug Law Enforcement Officer (DLEAG)
The Judge said the payment is for his reasonable living expenses with his family and litigation fees for defending the criminal charges or proceedings against him.
Djabi is facing 21 criminal charges relating to dealing with prohibited drugs and money laundering. His money, vehicles and motorcycle were seized from him. The money was deposited with the Sheriff of The Gambia as ordered by the High Court on 31 October 2023.
He made this order in a ruling delivered in relation to a motion dated 4 June 2024 and filed on 5 June 2024. In that motion, Lawyer Sheriff Marie Tambadou for Paulo Djabi asked the court to vary its orders dated 30 April 2024; in the alternative to allow him to have access and be allowed to receive 50% of the monies belonging to him and deposited with the Sheriff of The Gambia.
The motion of notice is supported by an affidavit of 8 paragraphs sworn to by Paulo himself and also attached five (5) documents exhibited and marked as "PJ1" to "PJ5 respectively.
The State opposed the application and filed an affidavit in opposition of 10 paragraphs sworn to by Fatou Waggeh, a clerk at the Attorney General's Chambers and the Ministry of Justice. There was 1 document attached to the opposing sworn statement.
Paulo filed an 11-paragraph affidavit in reply sworn by himself.
In moving his application, Senior Lawyer S.M. Tambadou for Paulo relied on the averments in the supporting affidavit and the affidavit in reply. It is his submission that the application is brought pursuant to the Anti-Money Laundering and Terrorist Financing Act, Order 25 Rule 11 of the Second Schedule of the High Court Rules and Order 6 Rule 2 of the First Schedule of the High Court Rules.
It is the submission of Counsel Tambadou that the court made an order on 31 October 2023 for six (6) months pending the outcome of the investigation. Counsel Tambadou argued that section 51(8) of the Anti-Money Laundering Act limits when the order can last and no more. Counsel Tambadou argued that when the Court made an order on the 30 April 2024, extending the order of the court for two months was ultra vires.
Counsel Tambadou argued that at the time the application for an extension of two months was made, there was no charge before the court and there was no need for the extension of the restraining order.
Counsel Tambadou refers this court to section 51(6) of the Anti-Money Laundering 8 Terrorism Financing Act, which gives the court the power to make an order for provision for reasonable living expenses and to defend criminal charges against an accused person. Counsel submitted that this is a court of equity and refers it to Order 6 Rule 2 of the High Court Rules of the First Schedules.
Counsel Tambadou refers this court to paragraph 5 of the supporting affidavit and submitted that the facts are not denied and the punishment prescribed for drug offences does not exceed D50,000 the properties listed under money laundering charges are all located in The Gambia and the Applicant is innocent until proven guilty. Counsel Tambadou urged this court to grant the prayers sought and in the alternative, to make order for reasonable expenses.
In responding to the arguments and submissions of the Applicants' counsel, Lamin Jarju of Counsel for the Respondents relied on the paragraphs of the affidavit in opposition. He argued that the Lawyer Tambadou misconceived section 51(6) of the Anti-Money Laundering Act.
It is the submission of Counsel Jarju that Paulo did not disclose the amount of money he was seeking for reasonable expenses for his upkeep. Counsel Jarju submitted that section 51(6) (supra) refers to funds held under investment or business and allows the Applicant to have access to provide feeding, school fees and other expenses.
Counsel Jarju submitted that Paulo has no bank account and the cash in foreign currency seized is €69,000 and $5000.00, including CFA; however, the seized money is the subject matter of charges in the bill of indictment.
Counsel argued that the medical report contravenes section 45 of the Evidence Act and is inadmissible, and Exhibit PJ4 is invoiced. Counsel Jarju submitted that the affidavit in reply should be struck out as Counsel Jarju is not the deponent and the averments are direct attacks on him.
Justice Jaiteh said the import of section 51(1) (6) is that a person who has been investigated and charges filed against him or her is entitled to receive payment out of the money for reasonable living expenses and to defend the criminal charge or any other proceedings against him.
He added that a criminal bill of indictment has been filed against Paulo and has engaged Counsel to defend him therefore he is entitled to receive payment from the money seized to defend the criminal charges levelled against him and this is provided under section 51(6) (2) and Counsel has attached an invoice of D250, 000 as legal fees.
“This fact is not denied and the court can take judicial notice of the appearance of counsel in the matter.”
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Ndongo Sillah The Unsung Hero
Ndongo Sillah: A True Activist and Champion for Democracy and Human Rights. The unsung heroes of the Gambian struggle and resistance against the dictatorship of Yahya Jammeh, fighting to restore human rights and democracy without seeking entitlement to positions or jobs.
Alagi Yorro Jallow
Realizing the inner self is the moment one understands that fear is unnecessary. This wisdom has been imparted by those who have truly known themselves. Mohammed Lamin Sillah, also known as Ndongo, has been actively involved since July 1994. He didn't just join the cause; he led it, battling against oppression and impunity. As a survivor of torture, he stands as a hero for democracy and human rights.
Furthermore, even these teachings have been manipulated to instill fear, which, regrettably, leads to suffering. Fear is our greatest adversary, and transcending it represents the ideal state of being. It arises when we refuse to learn and rediscover our purpose on earth as the true children of the supreme God.
Do not believe that a single individual can enslave the world, for imagination cannot be restrained. Tyrants like Hitler, Stalin, or Yahya Jammeh have coerced men into accepting their rule through fear, but once people cease to fear, they cease to be controlled. The moment you are unafraid, you are free. Thus, fear not. This is the narrative of humanity. Our economy thrives on fear: the fear of war, peace, and market instability. Ndongo was an individual without fear, guided by a conscience that adhered to rational principles in harmony with the essence of human dignity.
Records exist of vocal critics who opposed dictator Yahya Jammeh's oppressive regime. These individuals paid the ultimate price, paving the way for the democracy that allows today's Gambians to exercise their rights and freedoms. Many now claiming to be champions of democracy and human rights were once allies of the dictator, complicit through their silence or active support. Some sought refuge in self-imposed exile or secured positions with international organizations like the African Union, United Nations Agencies, and the World Bank. They actively worked against the democratic movement to end the dictatorship. Their actions, driven by political and financial gain, are forgotten as they now posture as defenders of democracy and opponents of corrupt rule. For a detailed account of these turncoat heroes, one should refer to "The Last 100 Days of Yahya Jammeh," which exposes the behavior of those who have now positioned themselves as democratic saints under President Adama Barrow's government.
These individuals often act unscrupulously, lying and feigning virtues to curry favor, trading integrity for personal benefit. Their deceit is not overlooked by divine judgment. History and evidence show their lack of commitment to the genuine struggle for democracy and human rights in The Gambia. The true fight for these values ended in 2016; what remains is a mere shadow of the original cause.
It is crucial for Gambians to recognize the unsung heroes of democracy and human rights who fought and sacrificed for the nation's second liberation. Among them are those who truly deserve to be honored.
For those of us who have worked and collaborated with Ndongo, he is not the type to question, "Where were you?" I can tell you where Ndongo was. He was certainly neither a hypocrite nor an enabler.
The fight against Yahya Jammeh was prolonged and difficult, yet Ndongo Sillah was at the forefront. As Yahya Jammeh started to turn on his supporters and henchmen, who had previously mocked Ndongo and his human rights colleagues as "losers and irrelevant," Ndongo humorously remarked, "The revolution is consuming its own children."
Ndongo was there from the very beginning. He didn't just join the movement; he led it, battling oppression and impunity. He is a survivor of torture and a champion of democracy.
On October 22, 2001, the infamous NIA arrested Muhammed Lamin Sillah, coordinator of the Coalition of Human Rights Defenders and Secretary-General of Amnesty International's domestic chapter, following his interview with the BBC's Focus on Africa program on October 21. Ndongo Sillah informed the BBC that the country's human rights situation was unsatisfactory and required improvement.
Without fear, he declared, "There is too much congenital injustice, demonic oppression, ruthless dictatorship, and agonizing poverty in this country today. Until these destructive vices of governance are eradicated from this country, neither continuous imprisonment nor even threats of assassination will deter me from the people's cause." This was the statement of Mohammed Lamin Sillah, Amnesty International, Gambia, on global media when many Gambians were too frightened to criticize or denounce the regime.
In another interview granted to the Independent newspaper on October 30, 2001, he was detained incommunicado after criticizing and denouncing the Jammeh regime's human rights violations to both local and global media. Nevertheless, he was released on bail for $18,000 (300,000 dalasis) after his case was taken to the High Court. for a habeas corpus hearing.The NIA charged Sillah with inciting genocide, causing confusion, and attempting to overthrow the government; however, Sillah refuted these claims as baseless. Ndongo Sillah stood at the vanguard of the Human Rights movement at a time when many Gambians were too fearful to speak up, or chose silence out of self-interest or self-preservation. Ndongo Sillah has wielded the pen to educate, enlighten, and motivate. He has established himself as a paragon of activism, a man deeply knowledgeable about democracy and human rights. He has vividly recalled history for us, sharply connected the dots, bridged the gaps in our collective memory, and led us on journeys of freedom and human emancipation, infusing his work in human rights activism with beauty and elegance. Every Gambian engaged in the democratic struggle admired his writings, where history, philosophy, law, and political science converged to celebrate his esteemed lineage, cultural pride, and sharp intellect. He expressed himself with freedom, ease, and effectiveness.
In another interview granted to the Independent newspaper on October 30, 2001, he was detained incommunicado after criticizing and denouncing the Jammeh regime's human rights violations to both local and global media. Nevertheless, he was released on bail for $18,000 (300,000 dalasis) after his case was taken to the High Court. for a habeas corpus hearing.The NIA charged Sillah with inciting genocide, causing confusion, and attempting to overthrow the government; however, Sillah refuted these claims as baseless. Ndongo Sillah stood at the vanguard of the Human Rights movement at a time when many Gambians were too fearful to speak up, or chose silence out of self-interest or self-preservation. Ndongo Sillah has wielded the pen to educate, enlighten, and motivate. He has established himself as a paragon of activism, a man deeply knowledgeable about democracy and human rights. He has vividly recalled history for us, sharply connected the dots, bridged the gaps in our collective memory, and led us on journeys of freedom and human emancipation, infusing his work in human rights activism with beauty and elegance. Every Gambian engaged in the democratic struggle admired his writings, where history, philosophy, law, and political science converged to celebrate his esteemed lineage, cultural pride, and sharp intellect. He expressed himself with freedom, ease, and effectiveness.
Tuesday, October 15, 2024
2 CAF Officers Completed Training In China
The Gambia Armed Forces (GAF) welcomes home Captain John Jatta and Captain Abdoulie Secka who recently returned from an 11-month military training course in the People’s Republic of China.
The two officers underwent the Junior Infantry Commanding Officers’ Course at the prestigious Chinese Army Infantry College in Shijiazhuang and the Armoured Elementary (Junior) Command Programme at the Chinese Army Academy of Armoured Forces in Bengbu respectively.
During the period, Captain Jatta learnt the Basic Chinese language in addition to infantry modules such as Small Arms, Military Topography, Arms Techniques and Tactical Employment, Element of Combat readiness, Squad and Team Tactics, Company and Platoon Tactics, amongst others.
On the other hand, Captain Secka, an armoured trained Officer studied Elementary Chinese together with modules such as, Knowledge of Service and Arms, Armoured Forces Commanding Information System, Tank Weapon Development, Tank Communication, driving and firing, Armoured Elementary Tactics amongst others.
It might be instructive to state that the two Officers who were rated Qualified in their various areas of study graduated with their heads high. The Gambia Armed Forces High Command congratulates and welcomes them home after such an outstanding performance.
This training, in addition to many others, underscores the importance the High Command attaches to the capacity building, welfare and development of its personnel in line with the Security Sector Reforms.
Saturday, September 21, 2024
Sergeant Yaya Sanyang Excells At Staff College In Nigeria
Staff Sergeant Sanyang Yaya of the Gambia Armed Forces (GAF) recently returned home from a Drill and Duty course held at Drill and Duties Wing of the Armed Forces Command and Staff College in Nigeria. Staff Sanyang was the first GAF senior Non-Commissioned Officer (NCO) to attend such training at the prestigious military training institution located in Jaji, Kaduna State. The month-long intensive course exposed participants to various aspects of Drill and Duty and other maneuvers that are performed by military personnel on a daily basis. They were taught on Foot Drill, Sword Drill, Cane Drill, Colour Drill, Pace sticking Drill, Rifle Drill, Regimentation and a host of others. It is gratifying to state that the senior NCO, who is an instructor at the GAF Training School excelled in all these subjects in addition to an exercise dubbed exercise “Sanyang” which was named after him. He graduated as a qualified Drill and Duty Instructor.
Drill and Duties is a key module in the military as it instills discipline, regimentation and psychologically develops a sense of teamwork and self-control in the soldier while enhancing performance under stressful conditions.
The Gambia Armed Forces (GAF) Command felicitates Staff Sergeant Sanyang Yaya on this milestone achievement and heartily welcomes him home.
Kudus Staff Sergeant Sanyang Yaya!!!
Thursday, August 1, 2024
Former Guinean Head of State Sentenced To 20 Years In Prison
Guinea's former military ruler Moussa "Dadis" Camara fled into exile after he survived an assassination attempt several months after the 2009 massacre. / Photo: AA
A Guinea court on Wednesday sentenced former junta leader Moussa "Dadis" Camara to 20 years in prison after finding him guilty of crimes against humanity in the 2009 stadium massacre by the military that killed at least 157 people and left dozens of women raped.
Guinea's Criminal Court convicted Camara and seven other high-ranking officials on Wednesday after a prolonged trial on charges of murder, kidnapping and rape that were reclassified as "crimes against humanity".
Four other accused were acquitted.
More than 100 survivors and victims' relatives testified in the trial that started in November 2022, more than a decade after the massacre and under pressure from families and activists demanding justice.
'Uncontrolled' elements
The demonstrators at the stadium in September 2009 were protesting Camara's plans to run for president when soldiers opened fire on them and raped dozens of women. The then-military leader had staged a coup the previous year.
The junta at the time said "uncontrolled" elements of the army carried out the rapes and killings. But Camara's top aides were at the stadium and did nothing to stop the massacre, a Human Rights Watch report said.
Many of those killed at the stadium protest were shot, crushed or knifed to death while some of the women were dragged out from hiding and gang-raped by uniformed men over several days, witnesses said.
Many could not flee the gunfire after Camara's presidential guard surrounded the stadium and blocked the exits, survivors said.
'Asleep'
It took several days before the families of the victims were allowed to come and collect the bodies, they said during the trial. Many, though, never found the bodies of their relatives.
Camara fled into exile after he survived an assassination attempt several months after the massacre but returned to Guinea more than a decade later.
"If I'm here before you it's because of my patriotism, otherwise I would not have agreed to come," he said on his first day in court to face trial in 2022, adding that he was asleep as the massacre unfolded.
While in jail late last year, Camara was released by gunmen who stormed the country's main prison but was back in custody hours later as his lawyer said he had been kidnapped.
TRT AFRiKA
No Case submission in alleged PIU Shooting
The Director of Public Prosecution (DPP), yesterday informed the court presided over by Justice E. Jaiteh that the State intended to call another witness but decided to close its case in a trial against Ousainou Bojang and co.
A.M. Yusuf said PW14 should have been called but unfortunately, he was indisposed. The court, however, ruled for the closure of the prosecution’s case in that regard.
Defence Counsel Lamin J. Darboe meanwhile informed the court that they would be filing a no-case submission and requested for a month period to apply.
However, Lawyer Lamin Mboge for the second accused, Amie Bojang, associated himself with the submission of Lawyer L.J. Darboe to file a no-case submission.
Mboge further informed the court that the second accused was a nursing mother, recalling that the defence had filed a motion for a bail application on her behalf one year ago during the last vacation.He asked the court to consider for him to move the application.
DPP A.M. Yusuf objected to the application, saying that it was their submission that the bail application had been overtaken by events and the prosecution had already closed their case.
The DPP added that the second accused has indicated her intention to file a no-case submission and urged the court to demise the application for her bail.
Lawyer L. Mboge described A.M. Yusuf’s argument as lack of base in law, adding that the bail could be requested anytime in the trial, citing Section 99 of the Criminal Procedure Code.
Lawyer Mboge said the liberty of the accused was paramount and the court had to consider that. He also informed the court that the 2nd accused, Amie Bojang has 7 children, and the youngest was one year and six months old.
The presiding judge then gave 30 days for both defence counsels to file their no-case submission and 30 days for DPP A.M. Yusuf, to reply.
The case was adjourned until 2 October 2024
Dead Body Found In A Bag In Basse
A corpse of a woman was found wrapped in a bag in Basse on Tuesday, 30th July 2024.
The police have arrested a suspect in connection with the incident.
Sources said after the body was seen wrapped in the bag by people going to work, the police were contacted and they came to the crime scene.
The police then evacuated the body to Basse hospital.
“She was known as Isatou, but I do not know her surname and she used to stay at ‘Kerr Mike Bar’,” a source told foroyaa.
The body was transferred to Banjul for postmortem. Foroyaa contacted the police public relation officer Assistant Superintendent Modou Musa Sisawo. He confirmed the incident and the arrest of the suspect.
“The police in Basse got report in the early hours of Tuesday, 30 July 2024. Following the discovery of a body lying in the streets of Basse, the police responded promptly and transported the body to Basse District Hospital for an initial medical examination. Meanwhile, the police have arrested a suspect in connection with the alleged murder. An investigation into the circumstances has begun, and a suspect has already been taken into custody,” PRO Sisawo confirmed.
Police PRO assured that the public will be kept informed about the progress of the investigation.
Defence Lawyer Referred for Disciplinary Action
Justice Sidi K. Jobarteh of the Banjul High Court has asked the General Legal Council to take disciplinary action tagainst Lawyer Sagarr C.T Twum for going against her orders in open court.
The Judge passed an order, but the Lawyer also stood her ground in what could be best regarded as a protest. Senior Counsel Twum requested something, which was refused by the court. She sat down and refused to continue with the case.
Senior Lawyer Sagarr Twum, who was previously known as Sagarr C.T. Jahata is representing Kumba Sinyan. Kumba is standing trial on a single count of murder for allegedly killing her boyfriend at the Friendship Hostel by cutting his stomach using a razor blade. She denied the charge. She is giving marathon evidence in defence for some days now.
On Tuesday, when the case was called, Lawyer Sagarr C.T Twum applied for Kumba’s phone that was already tendered in court to be given to her to continue with her testimony. This was granted by the court as there was no objection by the prosecution.
Kumba mentioned a particular taxi driver she called after the incident in an attempt to get a transport. Kumba mentioned the name and called out the phone number. The driver was one Babucarrr Mbye. The presiding judge, Justice Sidi K. Jobarteh requested the phone and pointed out that the name in the phone was stored differently from the name Kumba mentioned. Kumba Sinyan said she stored it as a Babucarr Taxi, referring to Babucarr Mbye.
Lawyer Sagarr C.T Twum further asked the accused (Kumba Sinyan) if she mentioned one Ramou Sarr. State counsel M. Sanyang objected that the accused did not mention any Ramou Sarr in her previous testimony
Counsel Twum stated that the accused mentioned Ramou Sarr in her testimony when she was talking about Demba Bah, a receptionist. She added that Demba Bah also talked about Ramou Sarr in his testimony when he previously appeared in court.
After going through the records Justice Jobarteh highlighted that Ramou was mentioned by Kumba.
Kumba provided Ramou’s Qcell and Africell numbers. The name was stored as Ramsim Kobbo.
Kumba said she wants to call Ramou, Awa Faal and Mainuna Njie as witnesses in her case. The Judge intervened that the contact numbers of the mentioned people should be provided for the court’s record.
Lawyer Sagarr submitted that the numbers can’t be given in an open court in the presence of people. She indicated that this is why she made a statement for the benefit of her client:
“When I came this morning, I approached the court and the prosecution for the numbers and names to be given in private, but it was not accepted. So, that is why we have to do it this way.”
Lawyer Sagarr later asked Kumba to provide the names and numbers of the people she would like to call as her witnesses.
Kumba Sinyan indicated that she would like to call Ramou Sarr, Awa Faal, and Maimuna Njie. Justice Jobarteh requested for the number of Awa Faal, but defence Lawyer Sagarr stated that they already have the details of Awa Faal.
The Judge stated the court does not have the number. The Judge held that since the question is for the accused to provide the names and number in an open court, the answer should be given in open court. She added that the number should be stated in open court or the question should be withdrawn by the defence counsel, Sagarr Twum.
Lawyer Sagarr C.T Twum contended that the number cannot be called as it is in open court. She stated those are private details that cannot be called in court for everyone to hear.
She sought adjournment so that she could go back and advise herself on the way forward in the case. She claimed that Kumba’s right was at stake and being violated.
State counsel M. Sanyang objected to the application of the defence for an adjournment. She argued that the defence had the whole time to prepare for their defence. She submitted that the defence opened their defence on the 26th of June, which was a month ago.
Counsel M. Sanyang further submitted that the iPhone of Kumba was given to the defence 3 times after claiming that they needed the phone as evidence in their case. She stated that the defence Lawyer had time to go through the phone and prepare for their case. She added that the phone was tendered in evidence by the defence with no objections.
She sighted that the defence approach as a tactic to delay the progress of the case. She urged the court to reject the application to adjourn the case.
The presiding Judge, Justice Sidi K. Jobarteh, rejected the application for an adjournment and ordered the question to be answered or withdrawn.
Lawyer Sagarr C.T Twum, in reply, said she would not proceed and also advised Kumba not to answer any of the questions since she has a right to remain silent.
The court stood down the matter for ten minutes. On resumption, the Judge said she had overruled the application of the defence for an adjournment and ordered for the question to be answered. However, defence Lawyer Sagarr C.T Twum, in an open court, declined to proceed and maintained her position that she needed the adjournment.
Justice Sidi K. Jobarteh said she found that action to be disrespectful.
The Judge wanted to close the defence case, but she further advised herself that the accused does not need to suffer for her council’s actions.
She indicated that she will refer the case to the General Legal Council for disciplinary actions to be taken.
The case was adjourned to Thursday, 24 October 2024 for continuation.
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