Saturday, November 4, 2023
Gamtel Partners With Huawei
Recently the management of Gamtel and Huawei reached a strategic partnership agreement to upgrade and expand Gamtel's network backbone. The upgrade includes the deployment of several 7 DWDMs and OLTs to improve bandwidth to address the increasing unprecedented service and coverage demands in the ICT sector. As a partner to the numerous carriers within and outside the borders of the Gambia, and a key player in the Gambia government's digitalization initiatives, we remained committed to this cause, and as always taking a lead role in building the information technology super highway. We are thankful to the Gamtel and Huawei teams for the tireless efforts and their continuous support.
Gambian Former Jungler Faces Trial In America
Michael Correa, an alleged member of former Gambian dictator Yahya Jammeh’s notorious “Junglers” death squad, is scheduled to stand trial in Denver, Colorado, starting September 16, 2024. Correa faces charges of torture and conspiracy to commit torture. The historic trial is a major step towards truth and justice for Gambian victims and the first ever trial in the United States based on the principle of universal jurisdiction.
US District Court for the District of Colorado
The trial will take place in the US District Court for the District of Colorado, which is in Denver, Colorado, USA.
Former Gambian president Yahya Jammeh ruled the country with an iron fist between 1994 and 2016. During these years, the Gambian population suffered widespread human rights violations, including torture, enforced disappearances, extrajudicial killings, and sexual violence. Defendant Michael Correa is alleged to be a member of the “Junglers” death squad, a paramilitary unit set up by Jammeh. Correa allegedly participated in the torture of several individuals in March and April 2006.
Correa was arrested in September 2019 in the United States for immigration violations. A coalition of NGOs called on US law enforcement to investigate Correa for torture as well. In June 2020, he was indicted on one count of conspiracy to commit torture and six counts of torturing specific individuals. He pled not guilty to these charges.
This case is brought under the US torture statute under the principle of extraterritorial jurisdiction. The statute allows the US government to prosecute anyone found in the United States, regardless of their citizenship, for torture committed outside of the United States.
“The prosecution of Michael Correa is welcome, but similar prosecutions have been rare in the United States. In fact, this is only the third prosecution to move forward to trial under the Torture Act, which was enacted almost 30 years ago, and only the first against a foreigner. To ensure that the United States is not a safe haven for those who commit atrocities abroad, the United States must make better use of the universal jurisdiction tools at its disposal,” said CJA Senior Staff Attorney Ela Matthews.
At the time of his indictment, Correa was the first individual to face criminal investigations outside The Gambia for atrocities committed during the Jammeh regime. Since then, two other universal jurisdiction cases have moved forward. In March 2022, Bai Lowe, another alleged member of Jammeh’s Junglers, was indicted in Germany for crimes against humanity. He is currently on trial. In Switzerland, former Gambian Interior Minister Ousman Sonko is scheduled to stand trial for crimes against humanity in early 2024.
Benoit Meystre, Legal Advisor at TRIAL International, said: “These investigations and trials – outside of the country where the crimes were committed – not only contribute to reducing impunity regarding the massive violations that took place in The Gambia, but are also a way to encourage the Gambian authorities to investigate and prosecute cases in the country itself.”
Despite the efforts made by The Gambia’s Truth, Reconciliation and Reparations Commission (TRRC) to document past violations, the Gambian government has to date taken few steps to bring perpetrators to justice or to respond to victims’ demands for accountability and reparations. Although the Gambian government adopted a plan to implement the TRRC recommendations on May 12, 2023, implementation has remained slow.
“The recent announcement of a collaboration between the Gambian Ministry of Justice and the Economic Community of West African States (ECOWAS) to establish an internationalized or hybrid mechanism to prosecute the highest-ranking perpetrators of the former regime –including Yahya Jammeh himself– is a positive development,” he said “Until this court is established, the trial of Michael Correa, and the trials of Jammeh’s alleged accomplices in other national courts, will be essential pathways to justice for victims.”
Source: San Francisco and Geneva
Former Finance Director Lamin Suso was ‘incompetent.’
Former Chief Executive Officer (CEO) of Basse Area Council (BsAC) has told commissioners at the Local Government Commission of Inquiry that the former finance director, Lamin Suso was ‘incompetent.’
Ousman Touray made this disclosure on Tuesday and when asked as to why he made the assertion, he maintained that Mr Suso was actually engaged in shady transactions that proved detrimental to the Council.
Touray also stated in his written statement to the Commission that Lamin Suso engaged in dubious activities.
He recalled that before Lamin Suso took over as finance director, the Council’s bank accounts were ‘not red’, making reference to an incident that happened in 2021 after Lamin Suso took over.
On how Lamin Suso was appointed, the witness said the appointment was made by the Local Government Service Commission upon recommendation by the Establishment Committee of Basse Area Council.
He said he challenged the recommendation of the Establishment Committee through a letter sent to the Ministry of Regional Government and Lands querying the decision of the Establishment Committee.
However, Touray told the Commission that though the Ministry did not reply to his letter, they went ahead to appoint Lamin Suso.
He indicated that it was noble intentions that inspired his interest in working for the Basse Area Council.
As a former senior budget officer at the Ministry of Basic and Secondary Education (MOBSE), Touray said that considering his experience, he sought a job at the Basse Area Council with the aim of elevating the council by changing the status quo. However, he said, he did not succeed.
As a matter of fact, auditors held the ex-CEO and the former finance director responsible for the massive unaccounted funds belonging to the Council.
Auditors also uncovered and outlined that there was a very weak administration at said Council during the tenure of the witness, an administration that had no regard for rules or procedures established by law.
Friday, November 3, 2023
NAWEC Signs Contract With Partners
The National Water and Electricity Company (NAWEC) on Thursday signed an $18.6M water infrastructure enhancement project with partners as the country prepares to host the OIC Summit later this year.
The OIC Gambia Secretariat, through the government of The Gambia, secured $22.5M in funding from the Saudi Fund to improve critical water infrastructure in the country.
NAWEC yesterday formalized the contract for the civil works component of the water project following the signing of the contract agreement with Pabi Ford Company, OIC and Cityscapes Associates at its Head Office in Serekunda.
Speaking before the contract was signed, the Managing Director of NAWEC, Nani Juwara, said: “Today is an important day for all of us. We will be witnessing the signing of a water project funded by the OIC Secretariat with the support of the Gambia government. As we are all aware, The Gambia will be hosting the OIC conference this year. As part of the infrastructural developments, the OIC Secretariat has identified the water sector as a critical component that requires attention. And we are lucky to receive funding to the tune of about 22.5M dollars for this particular project. And there are components to the project as highlighted by the project manager. We have the consultancy component, water borehole component…that is the drilling of boreholes and also we have the component for civil works. The contract we’ll be signing today is for the civil works.”
According to Mr. Juwara, the water project will lessen the water stress of Gambians.
“We are really very excited today, knowing this is going to be a project that is going to alleviate the suffering of our people.Currently, the demand on water is already very high and unfortunately, we are not meeting the demand as at now. So many communities are going for days, weeks and months without water,” the Nawec MD stated. He added: “I am very hopeful that the implementation of this project will help to, at least, minimize some of those constraints we are facing because this project is going to provide some production boreholes, a transmission network for raw water supply, and also a distribution network for clean water and also construction of some elevated tanks.”
He said NAWEC “is really” excited and grateful to the Gambiagovernment, OIC Secretariat and Saudi Fund for their support to the Gambia government.
The Gambia OIC Secretariat’s boss Mr. Yankuba Dibbaexplained that the project should’ve been implemented almost 20 months ago. “As the saying goes…it’s better late than never. OIC Secretariat has actually arranged funding for five strategic projects and sorry to say, this is the last of our projects that is being started,” he explained.
Mr. Dibba made an impassioned call to the implementing partners to treat the project with greater urgency because according to him, the project is being funded by a grant.
“Unfortunately, what is even more of a concern is that it’s agrant. All our other projects are loans but this particular one is a grant. And it should be treated with more urgency than all the other projects. I am delighted to be here to sign this project and I am sure the Saudi Fund will be delighted too,” he stated.
He reiterated the appeal for timely delivery.
“There is no issue with regard to accessing funds as long as we are doing the job in a timely manner and bringing it to the quality that it requires. Also, I implore all players to ensure we do our best in terms of timely delivery and in terms of quality that the job requires. It’s a public good. Gambians are yearning for clean and adequate water,” the OIC Gambia Secretariat boss pointed out.
The signing ceremony was, among others, witnessed by senior staff of NAWEC, representatives of the firms and NAWEC’s board chair Crispin Grey Johnson.
Opposition MPs Protest Against Former President Bill
Opposition Parliamentarians yesterday protested by walking out of the National Assembly shortly before NPP members passed the Former President Bill into law.
This development followed the presentation of the bill, which was brought to the National Assembly, by the Attorney General and Minister of Justice.
The opposition legislators boycotted the session over the bill tabled with a certificate of urgency.
The House speaker put a question for the bill to be considered going with a certificate of urgency, which caused a commotion. Later, it was put to a vote as to whether it could go with a certificate of urgency.
However, 30 lawmakers voted for it to be considered as a certificate of urgency while 17 voted against which happened to be the minority camp namely the United Democratic Party and PDOIS NAMs.
Speaking to journalists shortly after the walk out, HonourableAlhagie S. Darboe, the Minority Leader and the member for Brikama North, highlighted the reasons why they boycotted the bill.
Some of the reasons he highlighted include the fact that the former president will have the same salary as the sitting president, three cars and drivers, cooks, an office, and a residence. They also argued that the bill was passed urgently without proper scrutiny.
“For the former president bill, we did not want to associate ourselves with anything we feel will not be done for the best interests of the Gambians and that is why we decided not to take part because they feel we don’t have the numbers and yes, we don’t have the number, so they will use their number against us to do anything they feel like doing. We will not be a part of that.
“We will like the bill to come the normal way. We give it to the relevant committee to scrutinize and do necessary consultations report back, and we put the input of the people diligently,” he highlighted.
Meanwhile, the members of the National People’s Party (NPP), nominated members, some independent members and members of the No To Alliance remained in the chambers to consider and pass the bill.
If the bill is passed, a former president will earn the same salary as the sitting president; have three cars and drivers, cooks, an office and a residence. He will be treated the same as a sitting president
Parliament Passed Former President Bill
The bill titled Former President's Bill 2023 has been passed by the National Assembly and will become law once the president assents to it. The bill was introduced in parliament by the Minister of Justice under a certificate of urgency. However, the minority side of parliament disagreed with the urgency of the bill, resulting in a voting process. The majority side voted for the bill to be considered under a certificate of urgency, with 30 votes in favor and 17 votes against from the minority. Eventually, the urgency of the issues was accepted, leading to the minority side walking out of the chamber. This left the bill in the hands of the majority side to be debated and decided upon, resulting in its successful passage. Alhagie S. Darboe, the minority leader, explained their decision to boycott the session to journalists, stating that they did not want to associate themselves with anything that may not be done in the best interests of the Gambians. "The bill grants the former president the same salary as the sitting president, along with other benefits such as three cars with drivers, cooks, an office, and a residence," he explained. The minority leader, Alhagie S. Darboe, expressed concerns regarding the thorough scrutiny that such a bill requires. He mentioned that the certificate of urgency would not allow them the opportunity for proper scrutiny. He argued that the bill should follow the normal procedure, which involves referring it to a relevant committee for scrutiny, consultation, and reporting back to them, ensuring the input of the people. Hon. Suwaibou Touray of PDOIS emphasized that they are not against the bill itself but believe it should undergo proper scrutiny through the normal procedure. He highlighted that the bill deals with taxpayers' money and therefore requires careful examination. The minister, in introducing the bill, explained its purpose and reasons. He said the bill seeks to repeal and replace the Former Presidents (Office, Allowances and Other Benefits) Act [Act No.16 of 2006]. The minister highlighted that, currently, when a president ceases to hold office, they enter retirement without any formal pension from the state, adding that the bill proposes an annual pension and office expenses for former presidents to maintain the dignity of the Office of the President. He added, "The bill also aims to recognize and show gratitude for a former president's service to The Gambia, which extends beyond their term of office,". The minister believes that many Gambians would not want to see their former presidents living the remainder of their lives destitute, and the bill proposes a one-time six-month lump sum gratuity payment to assist the outgoing president in transitioning to post-presidential life. The minister added that even after leaving office, a former president remains a public figure and continues to perform certain informal public roles. He emphasized that other public servants, including those in the executive, legislative, and judicial branches, qualify for a pension. "It is therefore fair that a former president also be provided with a pension and additional office facilities to enable them to fulfil duties that arise from their unofficial public status," Minister Jallow explained. He said the bill also includes provisions for an official state funeral for former presidents upon their demise, as a way to show the nation's final respect. "To preserve the dignity of the former first family, the bill proposes a monthly allowance equal to twenty-five percent of the deceased former president's pension to be paid to the surviving spouse,". Finally, Minister Jallow said the bill aims to make life after the presidency modestly comfortable. He added, "The benefits provided by this bill will serve as an incentive for sitting presidents to voluntarily vacate office, thus encouraging them to avoid undue elongation of their stay in power,". He concluded that the bill will help to prevent political instability, which is a common phenomenon in many parts of Africa
Thursday, November 2, 2023
My Response to Yankuba Dampha, the Political Virgin Who Spares No One
It has never been my intention to respond to Attention Seekers and Political Virgins, especially at this time of our political struggle, considering the fact that we have very important issues to deal with. However, psychologists believe that if a lie is drummed up ten times without being called out and exposed as a lie it becomes the Ultimate Truth in the end. Therefore, I have no option but to give a fitting response to Yankuba Dampha who was formerly disguised as Maxi Jones. I cannot sit by and allow the likes of Yankuba to rain fallacious and calculated lies on my personality.
Yankuba, who is known for falsely accusing decent people over the years, has the audacity to accuse me of calling their newly formed group members Greedy People. He even labeled me as a Disgruntled Person without providing proof or evidence to his followers about why and how I have become a disgruntled person. He insulted me by describing me as a so-called NPP supporter. Yankuba also questioned why I supported one Kaw Yerro's suggestion that all those who want to empower the NPP should go through the existing structures of the party. Yankuba said since Kaw Yerro was among the founding fathers of the 3 YEARS GOTNA movement he (Kaw Yerro) must not call himself an NPP supporter. He sounded as if he is mandated to choose who becomes the NPP member. Even President Barrow does not sound like Maxi Jones.
To set the records straight, I have never called anyone or a group of people greedy throughout my civil discourse. All those who follow me know it is never my character to label others. My only crime - there is any - is to agree with Kaw Yerro that all the groups that intend to empower the NPP need to work with the party's existing structures so as to avoid duplication of efforts and fear of undermining each other. I support any lofty or progressive idea without minding the carrier. It is unwise for any party or group to bank on only ideas of its members. Only those bankrupt with wisdom, knowledge and experience think that way.
Yankuba Dampha has a legacy of character rudely attacking many people and undermining decent and patriotic citizens.
I have no reason to be disgruntled because I have got what I wanted in politics. I decided to support President Barrow who has been winning elections since 2016. I can proudly tell you that my candidate Adama Barrow won all elections in my Jarra Central constituency. The people of that region can attest to my efforts during election campaigns. I must tell you that unlike you, I have always been there for the Gambia and the Gambian people. I voluntarily resigned from the Gambia National Army in 1995 to join politics and fight for the liberation of my people. You joined the struggle when your close relative – the late Mr. Dibba of the Gambia Transport Union – died in police custody. Your cowardly and selfish tendencies could not allow you to show your face hence your fictitious name MAXI JONES. WHAT A COWARD YOU ARE!
Yes, Kaw Yerro might be a member or founder of the 3 YEARS JOTNA but how many of the so-called 3 YEARS JOTNA members are enjoying the company of the NPP party and the government. Also remember that most of the people you worship today were die-heart APRC supporters, most of whom only joined the NPP for greener pastures. Most of you cannot be proud of winning votes for President Barrow in your constituencies during the past presidential elections. In fact, you were on record campaigning against President Barrow's party. You defended supporting the PPP for being the party of your parents. You are the one known for being disgruntled and untruthful when it comes to party politics.
Please live your life and stop going after people who do not even bother your existence. As a highly cultured person, I have decided to apply some limitations because I heard you call some individuals in Nokunda as your uncles who happen to be my brothers. Out of disrespect which is a manifestation of your true character, you called me Jarra Boyo. Clearly, you know that some of your uncles and aunties are my age mates. Please let the sleeping dog lie in peace. I don't want to be provoked into doing what is not my true character. MANDIKOLU KO WULU NUKUNTANG KONTONG YA WANYARE.
Tuesday, March 15, 2022
"Stop Confusing Matters Melville Roberts" Dida Jallow Halake
The IEC followed what they think the law is, as we all must!
I don’t know what Mr Melville Roberts Esq. is talking about!
The IEC is NOT “interpreting” the law! They are simply following the law as they understand it to be (that is Lawyer Lamin J Dabo’s point!). All of us follow the law in our daily lives ... as we know or think the law to be. If we are wrong, then the court (which “interprets the law”) tells us we are wrong and holds us accountable.
So, Mr. Melville Roberts Esq, the IEC decided for themselves what they think the law is ... just as you and I are free to decide for ourselves what we think the law is!
They are simply following the law – as they think the law to be.
Stop confusing matters by saying that “the IEC is interpreting the law”! No they are NOT! It is the court that interprets the law ... not me, not the IEC and NOT even an eminent Oxford University Lawyer like yourself! Lawyers give an “opinion”, which is NOT an “interpretation” – something that is reserved for the courts!
As I argued on WhatsOnGambia three days ago and as Lawyer Lamin J Dabo wrote on GunjurOnLine yesterday, “Sabally does not have a snowball’s chance in hell” of winning in court. The facts are against him:-
1. A Commission of Inquiry has stated that he should be banned from holding public office for life;
2. Section 90 of the Constitution says that he who has abused or misused his office should be banned from being a candidate for the National Assembly.
Case closed. End of. The IEC is on solid grounds.
PS: Momodou Sabally has declared himself to be “The Gambia’s Julius Malema”, so we might soon see him wearing red overalls in the streets of Banjul ... and leading a revolution, a new 10-Years JOTNA?!
Dida Jallow-Halake,
Notting Hill, UK.
Monday, March 14, 2022
The Momodou Sabally National Assembly Nomination Saga: Sad but Lawful
●
He is a towering intellectual and first rate orator, served simultaneously as Secretary General and Minister of Presidential Affairs under His Excellency Sheikh Professor Alhagie Dr Yahya A. J. Jammeh (the Professor). In that role he met all stripes of leaders domestic and international and participated in the great public dramas of the day at the policy councils of the Gambian state.
Allowing for the authoritarian vagaries of the system installed by the Professor, Momodou Sabally (Sabally) was for a year the great supervisor of the Public Service, sounding board of the President, his preeminent confidant, and primus among the Ministers. Having presided, or somewhat participated over the hiring and firing of senior government figures, including some cabinet colleagues, he knows a thing or two about policy and its implementation.
After all, he is the Gambia’s Pen and vigorously expresses his enlightening and entertaining perspective on the burning public questions of the day. If his great and controversial mind was a source of joy and annoyance to the intellectual community, they were projected on a larger canvass when he joined the United Democratic Party (UDP) and campaigned vigorously for its agenda across the country, thus making himself a household name.
No surprise therefore that Sabally’s expression of interest in contesting the Busumbala Constituency for the UDP in the April National Assembly Elections captured public attention. The run-up to nomination day on 10 March was crowded with great excitement as Sabally has all the ingredients of a great parliamentary statesman: intelligent, outspoken, controversial entertaining. He may be among the few candidates capable of generating cross party support at the polls but for the Independent Electoral Commission’s (IEC) decision to reject his application for nomination under the UDP ticket.
According to the IEC, Sabally was adversely mentioned in THE REPORT OF THE COMMISSION OF INQUIRY INTO THE FINANCIAL ACTIVITIES OF PUBLIC BODIES, ENTERPRISES AND OFFICES AS REGARDS THEIR DEALINGS WITH FORMER PRESIDENT YAHYA A.J.J. JAMMEH AND CONNECTED MATTERS
The Government’s White Paper on the matter as concerns Sabally states at paragraphs:
216:- Mr. Momodou Sabally started at the Central Bank as an Economist from
1999 to 2009. He was Director of Budget at the Ministry of Finance from 2010 to
2013. He was appointed as Acting Secretary General in June 2013, and then
subsequently confirmed as Secretary General and Minister for Presidential Affairs
in the same year. His service was terminated in June 2014.
217:- The Commission found, inter alia, that during his tenure as Secretary
General, Mr Momodou Sabally was signatory to various public accounts and was
involved in the withdrawal of large sums of public funds, some of which were not
accounted for, on the instructions of former President Jammeh. The Commission
found that Mr Momodou Sabally and former President Jammeh are jointly and
severally liable for the said amounts of money misappropriated by former President
Jammeh.
218. The Government notes that Mr Momodou Sabally’s many involvements in the
financial transactions of former President Jammeh, which was not part of his
official duties, especially as Secretary General, demonstrate the enthusiasm with
which he facilitated these transactions. His conduct fell far short of the standard of
professional conduct expected of the Head of the Civil Service at the time.
219. Consequently, the Government accepts the Commission’s recommendation
that Mr Momodou Sabally should not serve in any public office again or be
appointed as Director for any State Owned Enterprise for at least ten years. Mr
Momodou Sabally is hereby banned from holding public office for the remainder of
his life. He is also banned from holding any director positions in any State Owned
Enterprises in The Gambia for ten (10) years. Both bans are effective from the date
of publication of this White Paper. The monies shall be recovered from the assets of
former President Jammeh.
Clearly, a member of the National Assembly is not a public office holder (see section 166 (4) (a) of the 1997 Constitution of the Republic of The Gambia (the Constitution). Viewed in isolation, this provision would appear to suggest the IEC was wrong in rejecting Sabally’s application for nomination as a candidate in the upcoming National Assembly Elections.
However, the IEC specifically rejected Sabally’s application for nomination on the basis of section 90 (1) (e) of the Constitution that “no person is qualified for election as a member of the national assembly if he or she has been found by a report of a commission or committee of inquiry (the proceedings of which are have been held and published in accordance with the relevant law) to be incompetent to hold public office by reason of having acquired assets unlawfully or defrauded the state or misused or abused his or her office, or wilfully acted in a manner pre-judicial to the interests of the state, and the findings have not been set aside on appeal or judicial review”.
It is common knowledge that Sabally lodged an appeal against the adverse mention, and the bans imposed on him, by the Janneh Commission, and the Government. Until they are “set aside on appeal or judicial review”, section 90 (1) (e) of the Constitution continues to operate against him. A convicted prisoner remains a prisoner until his appeal is allowed. On the particular facts of Sabally’s case, his impediment remains pending the hearing and determination of his appeal.
As to whether the IEC has the competence to interpret section 90 (1) (e) of the Constitution at its level, I merely state it is performing a legally permitted intermediate gate keeping function which can only be conclusively ratified by a competent court where its perspective is contested. However, the Janneh Commission Report and its accompanying White Paper are public documents available to the IEC and it can act upon them where deemed necessary.
Albeit on contested understandings, it is far from clear that the IEC operated outside the law when it rejected Sabally’s application for nomination as UDP candidate for Busumbala. With the clarity of section 90 (1) (e) of the Constitution, he appears not to have a snowball’s chance in hell in overturning the IEC decision.
Of course the cases of the current Chief of Protocol, and the likes of Mamburay Njie, were given lighter treatment by the Government, and these were picked on by observers. What is clear is that they and others similarly situated cannot contest in National Assembly elections under the law.
As to the protests that the law is differentially applied, I suggest the facts are distinguishable in that the Sabally saga was triggered by the National Assembly qualification regime.
On a lighter note, maybe we should proceed with Mr Bumble when confronted with the postulation that as between him and his wife he was “… the more guilty of the two, in the eye of the law; for the law supposes that your wife acts under your direction."
Mr Bumble protested that “If the law supposes that, the law is a ass — a idiot. If that's the eye of the law, the law is a bachelor; and the worst I wish the law is, that his eye may be opened by experience — by experience”
I urge Sabally to deploy his immense talents in helping others this election season and to accept that on current facts, he cannot serve as a National Assembly Member until his appeal is allowed.
Lamin J. Darbo
Tuesday, February 23, 2021
Yankuba Touray Dinied Having Contact With Alagie Kanyi
Yankuba Touray on Monday said he did not block late Ousman Koro Ceesay’s vehicle contrary to the testimony of one of the prosecution witnesses, who said he witnessed Touray and Edward Singhatey blocking the late minister’s vehicle.
Touray said his vehicle was not at the airport on that day as he was in the vehicle of former President (then Chairman) Yaya Jammeh who was travelling outside the country.
“My vehicle was not at the airport,” he said.
Touray is facing a single count of murder. He is accused of killing his former colleague Minister Ousman Koro Ceesay, who was responsible for finance under the military rule in June 1995.-
Touray denied liability and the prosecution called nine witnesses to testify, after which, the prosecution’s case was closed. The former military captain called in two witnesses and he is the third witness in defence.
Below is the verbatim testimony of Mr Touray on Monday, 22nd February 2020 before Justice Ebrima Jaiteh of the Banjul High Court. He was led by his lawyer, Abdoulie Sisoho.
Question: On that day, were you aware that you lost a colleague cabinet minister?
Answer: Yes.
Question: How do you get to know about that?
Answer: I was informed by the Secretary to Cabinet Mr Tamsir Mbye.
Question: Have you ever been with Ensa Mendy to the State House?
Answer: Yes.
Question: Can you tell the court when you went with him to the State House?
Answer: Usually, on Tuesday and Thursday. those were the days we used to have our Council and Cabinet meetings respectively.
Question: Can you tell the court the time those meetings were held?
Answer: They were held in the morning or afternoon, depending on the schedule of the Chairman [of APRC] and sometimes it ends very late in the evening. It depends on the agenda.
Question: If the meeting ends very late in the evening, what usually happens to Mr. Ensa Mendy?
Answer: He accompanies me to Kerr Sering.
Question: You used to collect your kids from school and take them home. What happens to them on Tuesdays and Thursdays when the meeting ends very late?
Answer: The kids were picked up by the driver and driven home at Kerr Sering.
Question: In those meetings on Tuesday and Thursday, did Lamin Ndour accompany you?
Answer: No, because it was a walking distance from my office to the cabinet.
Question: For clarity purpose, your office was at the Quadrangle?
Answer: Yes.
Question: What happens to Mr. Ndour if these meetings are in sessions?
Answer: He stays at the office and picks the kids from school and drives them to Kerr Sering.
Question: Lamin Ndour and Ensa Mendy [both] testified before this court that they accompanied you to the State House when Yaya Jammeh was leaving the country on that Friday. Is that true?
Answer: No, it is not.
Question: Captain Jangum told this court that he was posted at your place [residence] but he cannot remember your guards. As an experienced person, from non-commissioned officer to a commissioned officer, do you take this statement as true?
Answer: That is impossible because as a non-commissioned officer all guards under your command should be at your fingertips, particularly, when you serve in the same company with the private soldiers.
Question: Do you remember Pa Habib Mbye?
Answer: Yes.
Question: Mr. Mbye testified that you blocked Mr. Koro Ceesay’s vehicle intentionally at the airport – you and Edward Singhatey.
Answer: That is not true because my car was not at the airport.
Question: He further said subsequently you invited him to your office. Is that true?
Answer: This is slander because the closest encounter I had with Pa Habib, whom I don’t know, was when he came to testify as a prosecution witness in this case before this court.
Question: Prior to this case, have you ever have an encounter with Pa Habib Mbye?
Answer: No.
Question: Have you ever sat with Mr Alagie Kanyi and discussed the killing of a human being?
Answer: No.
Question: Did you sit with Alagie Kanyi to discuss the killing of Ousman Koro Ceesay?
Answer: No.
Question: Have you ever been to Alagie Kanyi’s house?
Answer: No.
Question: Have you ever invited Alagie Kanyi to your house?
Answer: No.
Question: Have you ever invited Alagie Kanyi to your residence in Cape Point, Kotu or Kololi in your life?
Answer: No, I did not have any contact with him since I was at the 1st and 2nd infantry battalions. The closest encounter we had was when he testified as a prosecution witness in this case and [in] another case which I was charged by the State for interference. He made a “rousing lie” against me. The State entered anolle in the case for lack of merit.
Question: Have you ever discussed with Edward Singhatey that you killed Ousman Koro Ceesay?
Answer: No.
Question: Did you discuss with Peter Singhatey that you killed Ousman Koro Ceesay?
Answer: No.
Question: Did you invite Alagie Kanyi, Edward Singhatey and Peter Singhatey into your house ever?
Answer: No.
Question: Did you invite Alagie Kanyi, Peter Singhatey and Edward Singhatey into your house to kill Koro Ceesay?
Answer: No.
Question: Alagie Kanyi said they were briefed in your house between 6 pm and 8 pm.
Answer: That is impossible.
Question: Can you tell the court why that is impossible?
The case was adjourned to Thursday, 25th February 2021 at 1 pm
source www.foroyaa.gm
Monday, February 22, 2021
Nigeria: Attacks on schools undermine right to education
Responding to the abduction of 42 persons by gunmen at the Government Science College Kagara Niger state Nigeria, in the early hours of today, Osai Ojigho, Director of Amnesty International Nigeria, said:
“We condemn this appalling attack, which is the latest in a string of attacks on schools in northern Nigeria. Attacks on schools and abductions of children are war crimes. Those found to be responsible of the abduction must be brought to justice for these and other human rights abuses.
“That this is coming only about three months after a similar incident at a school in Kankara, Katsina state, shows that authorities are not doing enough to protect lives. The children abducted are in serious risk of being harmed. Nigerian authorities must take all measures to return them to safety, along with all children currently under the custody of armed groups.”
Education is under attack in northern Nigeria. Schools should be places of safety, and no child should have to choose between their education and their life. Other children have had to abandon their education after being displaced by frequent violent attacks on their communities, and many teachers have been forced to flee to other states. The Nigerian authorities must act immediately to prevent attacks on schools, to protect children’s lives and their right to education.
Osai Ojigho
“The protection of children’s lives is paramount, and the Nigerian government has a duty to ensure that the country’s educational sector is not further threatened by armed groups on rampage across northern Nigeria.”
“The attack on Government Science College Kagara is a serious violation of international humanitarian law, and it undermines the right to education for thousands of children in northern Nigeria. The abduction of students by armed groups can severely reduce the availability of and access to education for many children in northern Nigeria where violent attacks are escalating.”
Background
In the early hours of 17 February 2021 gunmen abducted 42 persons at Government Science College Kagara Niger state central Nigeria. Authorities confirmed that 27 of those abducted are students, 3 are staff of the college and 13 members of the families of the staff kidnapped. One student was shot dead by the abductors.
Amnesty International has been documenting Boko Haram’s atrocities and targeting of schools since 2012: https://bit.ly/3mpHtLI In May 2020, Amnesty International also published a report on the dire impact of the conflict in Northeast Nigeria on children.
Facebook must stop blocking Australian news sites from being shared
Responding to Facebook blocking Australian news sites from being shared on its platform Amnesty International Australia campaigner Tim O’Connor said:
"It is extremely concerning that a private company is willing to control access to information that people rely on. Facebook’s action starkly demonstrates why allowing one company to exert such dominant power over our information ecosystem threatens human rights.
"It’s alarming that community support groups, emergency services and charities have had their content blocked.
"We’re particularly concerned with the effect this is having on people in the Pacific, many of whom rely on getting information and news from Facebook due to the nature of their agreements with telecommunications providers.
"Facebook’s willingness to block credible news sources also stands in sharp distinction to the company’s poor track record in addressing the spread of hateful content and disinformation on the platform.
"Amnesty International calls on Facebook to immediately reverse this decision."
If You Fit The Name lawyer Prove Corruption Allegations Against Barrow
Dodou Sanno, an adviser to President Barrow, has challenged lawyer and politician Assan Martin “to come out with proofs” over his allegations that the president and his government are mired in corruption.
Lawyer Martin told The Standard on February 5th that Gambians should not give President Barrow a fresh mandate when they go to the polls in December because of a litany of failures, top of which is rampant corruption.
Reacting to Mr Martin over the weekend at the headquarters of President Barrow’s National People’s Party of which he is an executive member, Mr Sanno countered: “I am challenging Assan Martin as a lawyer to come out with evidence which can show to the Gambians that there is corruption in the government. Let him point his finger to any government department or any person working in the government engaging in corruption. Before he says something, he must have evidence for it. Maybe he himself is part of the corruption he is talking about.
“I am not the government spokesperson, but I can say that before anyone accuses the government or anybody, you must have the proof. If there is corruption in the country, every citizen has the right to put a stop to it. But where is the corruption going on this country? I want to ask Assan Martin did he stop anybody from practising corruption in the country? If there is anybody let him bring that person too.
“If he wants people to trust him as a lawyer so that he can have more clients, let him stop peddling false statements. Gambians are now fully aware and they know who is a professional lawyer and who is not. If Assan Martin is a lawyer by profession, let him leave the government and concentrate on the affairs of his clients. We want constructive criticisms and not just people saying things because they want to be heard.”
On Mr Martin’s call for NPP to disclose the source of funds with which they procure fleets of brand new pick-up trucks, Mr Sanno reacted: “If Assan Martin is a good lawyer, and he is willing to know anything regarding NPP’s vehicles, I think he should launch an investigation in every government department to find out whether even a single butut is missing [and given to NPP]. I want to tell him that there are people in this country who love the NPP, President Barrow and the country. These people are in the party, they have money and they are willing to sacrifice by spending their money on the party in support of President Barrow. We have nothing to do with state funds. President Barrow doesn’t need government funds. If Assan Martin wants to know that let him go and ask government officials whether President Barrow has ever asked them for even a single butut for the NPP.”
Mr Sanno said they were informed that Assan Martin had been “lobbying for something in Barrow’s government and when he failed to get that, he started making all these noises”.
“His fellow lawyers are doing their job, but he is the only one criticising the government while the government is not even aware of him. Gambians know what President Barrow is doing and they appreciate him for that. Gambians will never listen to Assan Martin as he is a failed lawyer who does not even have clients. He is just wasting his time. President Barrow is not a failed president,” he added.
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