Appointment of 5 ATI commissioners Confirmed

Lawmakers yesterday confirmed and approved the appointment of five commissioners for the Access To Information (ATI) along with a proposed package remuneration. The motion was presented by Dr. Ismaila Ceesay, the minister of Information, on July 8th. The Assembly then referred the report to the Standing Committee on Public Appointments for thorough scrutiny. The report, after the scrutiny, was presented by Hon. Allagie Mbow – a committee member. Following Hon. Mbow’s presentation, the members debated on the proposed remuneration whether to restrict the commissioners from working for other institutions or not. Hon. Mbow highlighted that the committee recommends that the Ministry of Finance and the Personnel Management Office (PMO) come up with a guide or policy document for determining the remuneration of Commissioners across all Ministries, Departments and Agencies (MDA). “The Committee observes and recommends that the Minister for Information looks into Section 46 of the Access to Information Act 2021 - limitation on outside work – which states that a commissioner shall not hold any other job, occupy or engage in any trade or profession for financial gain.” The committee believes this section limits potential commissioners from serving on the Commission and could restrict competent people from outside work. Hon. Mbow emphasised that the commissioners are full-time employees with restrictions on engaging in outside work. Therefore, there is a need for a revised base salary adjustment to reflect the commissioners' expertise and responsibilities. “Additionally, performance-based incentives should be implemented to promote transparency and regulatory compliance, and benefits and allowances should be provided to support the commissioners in carrying out their duties,” he added. However, Deputy Speaker Seedy Njie raised concern over the issue of Section 46 of the ATI, limiting the commissioners. According to him, these commissioners, if Section 46 is amended as implied by other members, it would encourage a conflict of interest. “The commissioners are prohibited from paid work and should focus on their duties, striving to recruit highly qualified individuals. It is crucial to support the Commission in performing diligently and following the law, as this will benefit all stakeholders,” Hon. Njie argued. He requested the committee chair to review Section 46, pointing out that some commissioners are involved with media houses. Hon. Lamin Cessay argued that it would not be fair to limit the commissioners from working elsewhere. The commissioners are: Nene Macdouall-Gaye - Chairperson John Charles Nje - Vice Chairperson Baboucarr Cham - Member Bai Emile Touray - Member Ya Amie Touray – Member

Dioululung Resident Testifies In PIolice Shooting

The trial involving Ousainou Bojang and her sister continues in the high court of the Gambia. It could be recall that the duo are dacing trial after being accused of shooting and killing two police officers and wounding another and adding and aberting. Alfusainey Dari, a resident of ‘Diolulung’ in the Cassamance, Southern Senegal, who also works as a driver and garage chief testified in the police shooting case involving Ousainou Bojang. He revealed that he knew Mama Jabbi and his encounter with Ousainou Bojang (the accused person) in September 2023. Ousainou Bojang, a resident of Brufut, is facing charges of murder, attempted murder, committing a terrorist act and assault causing grievous bodily harm. His sister, Amie Bojang, is charged with accessory after the fact to murder. Alfusainey Dari recounted that Ousainou Bojang visited their garage in Diolulung and requested a seven-seater vehicle to go to Ziguinchor. However, they did not have a seven-seater available at the time, so he contacted someone named Jana and enquired about the fare, who quoted a fare of 2,500 CFA. Ousainou gave him 5,000 CFA for the fare, which was only 2,500 CFA. He further testified while Ousainou was sitting waiting he noticed Ousainou crying, and he (Mr. Dari) inquired about the reason, to which Ousainou informed him of having an issue with his white lady. Ousainou also expressed a desire to see a fortune teller. He then suggested to him to visit Mama Jabbi, a Gambian lady residing in Diolulung and a fortune teller. The witness said he arranged a motorcycle to take Ousainou to Mama Jabbi’s residence.

He stated that upon reaching Mama Jabbi's place, the host (compound owner) who is also hosting Mama Jabbi called him that Ousainou was crying and talking about killing someone. He (Dari) went to check on Ousainou and asked him what happened he (Ousainou) confessed that two people died at his hands and he told Ousainou his unwilling to bear that burden. He (Dari) was advised to report the matter to the military. Initially hesitant due to fear of mistreatment by the military, but eventually went to the head of the Senegalese Gendermarine to report and he was asked to return to the place to continue chatting with Ousainou Bojang. He testified that when he got back Ousainou was only saying killing. He added that he later returned to the Gendarmerie and this time they came together to arrest Ousainou. When questioned by the Director of Public Prosecutions to confirm his assertion that Ousainou told him two people had died at his hands. The witness reiterated that he met Ousainou on a Wednesday and Ousainou told him that he had killed two people the past day, Tuesday. The witness said Ousainou was talking about “killing” and it was the reason why he returned to the Gendarmerie to come for him. In response to queries regarding the caller from Mama Jabbi's residence, Mr Dari informed the court that it was Yaye Faal who was the landlady. He also stated that his occupation is a garage chief in Jujulung, Cassamance and the incident happened in September 2023 but he cannot remember the exact date. Under Cross-Examination by Senior Counsel Lamin J. Darboe, the witness said he reported the matter to Ababacarr Sarr, the head of the Gendarmerie. “When Ousainou met you at the Car Park in Diouloulou, was he crying?” Counsel Lamin J. Darboe asked. “After he gave me the money, he started crying,” the witness said. The witness was asked whether he made a statement to the police. He said the police asked him and he was responding to them. When asked whether he would be able to recognise the statement, he requested that it should be read to him and he would be able to tell whether it was what he told the police. “Is it correct that you gave your telephone number to the Gambia Police?” Counsel Lamin J. Darboe asked. “I did not give my number to anyone,” the witness said. The witness said when he sees his mobile number he will be able to recognise it. Counsel Lamin J. Darboe requested the police statement of the witness from the Giboro Police Station. It was provided by the prosecution. The witness said he signed and thumbprint the statement. “Is this your telephone?” Counsel Darboe asked. “Yes, this is my telephone number but I did not give it to them (the police),” the witness said. The witness identified the signature on the statement as his. The statement was admitted in evidence and marked as exhibit D15. Lawyer Darboe told the witness that he was not truthful in his testimony that Ousainou Bojang cried. The witness insisted that he swore to the Quran and he came from Casamance; and that he only narrated what he saw and heard. “I am putting it to you that you are not speaking the truth to the court. You told the court that Ousainou said he had a problem with his white lady,” Counsel Lamin J. Darboe said. “Yes, that was what he told me at the car park. When he got to the marabout, he said two people died in his hands yesterday,” the witness said. “You also said Ousainou looked worried that was the time you asked him what happened,” Lawyer Darboe said. “I did not say that, say what someone said,” the witness responded. The witness said he did not see Mama Jabbi and Yaye Faal (the landlady) recording the conversation with Ousainou. He added that the Gendarmerie did not record his statement “In fact, you said when Ousainou arrived at Mama Jabbi's place, Mama was the one who called you and asked you to call the Gendarmerie. Is that not the case?” Counsel Lamin J. Darboe asked. “No, it was Yaye Faal, who called me. In fact, both of them,” the witness said. “Mama asked you to call the Gendarmerie,” Counsel Lamin J. Darboe said. “I did not call the Gendarmerie. I took a motorcycle and went there,” the witness replied. “It was Mama who advised you to go and call the Gendermarine,” Counsel Lamin J. Darboe said. “Mama cannot ask me to do that. I don't do it. Because I don't know her, I know the Landlady,” the witness replied. “I am putting it to you that you know Mama Jabbi very well because you are the one who directed Ousainou Bojang to go to Mama because she is a marabout,” Counsel Lamin J. Darboe said. “I don't know Mama today and I don't know her tomorrow. I know the Landlady,” the witness said. Senior Counsel Lamin J. Darboe read a portion of the statement of the witness. He stated that he knew Mama Jabbie. The witness claimed that it was not what he told the police. He mentioned that it could be the Defence Counsel who wrote the statement. “You said Mama didn't tell you, but in your statement, you said Mama was the one who told you to notify the Gendarmerie,” Counsel Lamin J. Darboe told the witness. “It was the landlady who said I should go to the military but I told her that I am going to Gendarmerie,” the witness said. “I am also putting it to you that Ousainou did not give you 5,000 CFA,” Counsel Lamin J. Darboe said. “That's what Ousainou gave me,” the witness replied. “All that you said here, other than the fact Ousainou came to Diouloulou, is a fabrication,” Counsel Lamin J. Darboe told the witness. The witness insisted that his testimony was true. Counsel Lamin J. Darboe told the witness that Ousainou wanted to fix his relationship with his white lady and needed a fortune teller in that regard. “I only narrated what I heard and saw,” the witness said. “I am putting it to you that you are recruited by Mama Jabbi to come and fabricate here,” Counsel Lamin J. Darboe said. “I only said what I heard and saw,” the witness said. Director of Public Prosecution A.M Yusuf re-examine the witness. “Mr Dari, it is correct that before the day you met Ousainou Bojang, you had never met Mama Jabbi anywhere,” DPP Abdul Maita Yusuf asked. “I heard Mama Jabbi is a marabout in Diouloulou, I do see her but I don't know her. Is her Land Lady that I know,” the witness replied. The case was adjourned to Tuesday, 30 July 2024. Follow Everyone @highlight #courtreporting #factualnews #thenationeye

Courts Orders IGP to Return Aisha Fatty’s Vehicles and Phones

By Kemeseng Sanneh (Kexx) A High Court in The Gambian caital, Banjul, Friday ordered the Inspector General of Police (IGP) to return Aisha Fatty’s two vehicles and two iPhone mobiles. This Judgement stems from a civil suit filed by Fatty against the Inspector General of Police over the seizure of the plaintiffs two vehicles, and two mobile phones and her detention without trial. Barely 9 months after the police impounded the aforesaid items, Fatty chose to file a civil suit against the Attorney General and Inspector General of Police seeking four prayers: An order directing the IGP to handover the two vehicles to the first applicant (Aisha Fatty), an order restraining the IGP to handover the vehicles to any third party (Abdoulaye Thiam), an order declaring that the arrest and detention of the first applicant (Aisha Fatty) is unlawful and any other order deemed by the court. During the delivery of her verdict, Justice Alami Jawara confirmed that the vehicles in question are legally owned by Aisha Fatty as they are registered and cleared under her name. As a result, she directed the IGP to promptly hand over the vehicles and phones to Aisha Fatty. Furthermore, the Judge declared that Aisha Fatty’s detention by the police was without legal basis, hence emphasizing the unlawful nature of her arrest and detention

High Court Strikes Out UDP’s Case against Governors, Deputy Governors

By Kemeseng Sanneh (Kexx) Justice Aisatou Jallow-Sey of the Bundung High Court has struck out a lawsuit filed by five (5) members of the United Democratic Party (UDP) against governors and deputy governors of the regions. The court struck out the case because UDP failed to appear in court. The court found them wanting for not pursuing their case diligently. The UDP members and their lawyers were all absent and did not advance reasons for their absence. Justice Jallow-Sey further said the case was scheduled to resume on July 17, 2024, at 11:00 am. The court waited until 11:45 to accommodate them. Despite the delay in the start of the case, the UDP members and their lawyers did not show up. “I hereby struck out the case,” Justice Jallow-Sey pronounced. The UDP members challenged the appointment of the Governors and Deputy Governors of the regions, citing sections 123, 124 and 125 of the Local Government Act. They argue that anyone to be appointed as a governor or a deputy governor must come from the civil service as they placed heavy reliance on section 123 of the Local Government Act. Section 123 provides that “there shall be, for each of the Local Government Areas, except for the City of Banjul and Kanifing Municipal Council, a governor, who shall be a civil servant, not below the rank of a director in the civil service, appointed by the President.” The UDP members wanted the court to make a declaration that their appointments were unlawful, illegal and therefore null and void. They wanted the court to declare that they did not fulfil the requisite statutory (legal) qualification to be appointed to those positions as governors or deputy governors. Also, they wanted the high court to make a declaration for the governors and the deputy governors in the five cases to stop parading themselves as governors or deputy governors to also stop performing the functions of governor and deputy governor. The case was heard once in court and before the second hearing, the Government removed all the governors and their deputies. They were all integrated in the Civil Service of The Gambia as permanent secretaries and deputy permanent secretaries respectively.

Israel’s ongoing occupation of the Palestinian Territory is illegal

The Gambia Welcomes ICJ Advisory Opinion Declaring Illegal Israel’s Ongoing Occupation of the Palestinian Territories State House, Banjul, The Gambia welcomes Advisory Opinion from the International Court of Justice (ICJ) which conclusively states that Israel’s ongoing occupation of the Palestinian Territory is illegal under international law. H. E. President Adama Barrow, President of the Republic of The Gambia and Chair of the Organization of Islamic Cooperation, approved The Gambia’s participation in the Advisory Opinion proceedings. The Gambia’s participation consisted of a written submission and an oral presentation, delivered by Hon. Dawda Jallow, Attorney General and Minister of Justice, during the Court’s hearing on this matter earlier this year. I. The Gambia’s written submission argued four major points, all of which were accepted by the Court: first, that Israel’s occupation is illegal because it violates the right to self-determination of the Palestinian people; second, that Israel’s occupation is illegal because it constitutes a regime of apartheid; third, that Israel’s occupation is illegal because it violates the international law governing the use of force; and fourth, that Israel’s occupation must be brought to an end immediately. The Court found that the “sustained abuse by Israel of its position as an occupying Power, through annexation and an assertion of permanent control over the Occupied Palestinian Territory and continued frustration of the right of the Palestinian people to self-determination, violates fundamental principles of international law and renders Israel’s presence in the Occupied Palestinian Territory unlawful.” It also found that “Israel’s legislation and measures impose and serve to maintain a near-complete separation in the West Bank and East Jerusalem between the settler and Palestinian communities”, a form of physical and juridical separation that “constitute[s] a breach of Article 3 of CERD [Convention on the Elimination of Racial Discrimination]”, which prohibits racial segregation and apartheid. The Court further found that Israel’s efforts “to acquire sovereignty over an occupied territory … is contrary to the prohibition of the use of force in international relations and its corollary principle of the non-acquisition of territory by force.” Finally, the Court determined that “Israel has an obligation to bring an end to its presence in the Occupied Palestinian Territory as rapidly as possible.” The Gambia welcomes this historic and momentous ruling from the ICJ and calls on Israel, all States, and the United Nations to abide by its findings and conclusions. The Gambia will continue its active efforts in the United Nations to uphold the rights of the Palestinian people under international law.

Committee Raises Concern About Incarceration Of Mentally Imbalance At Mile 2 Prison

A nascent body called the Judiciary Prisons Visiting Committee has on Friday expressed concerns about the decision of prison authorities to mix mentally ill people with those who are mentally stable in cells. The committee visited the State Central Prison at Mile Two on Friday, 12 July 2024. During their interaction with inmates and prison authorities, the team learnt that almost 20 inmates, who have mental health issues, were incarcerated in the same cells with other prisoners. Prison authorities informed the committee that some of the mentally ill people were returned to the prison after they set fire at the psychiatric centre. During the engagement, it was recommended that the Committee should work with prison authorities and the justice defenders to identify prisoners with mental health issues and take them to court on Monday before Justice Ebrima Jaiteh for him to assess their cases.

The Committee resolved that those who do not pose threat to society will be released on bail and placed under the custody of their families. They also said they will work with the Ministries of Health and Interior so that those who are deemed to be aggressive will be laced under proper care. The Committee stated they will report their findings to the Chief Justice. They told the inmates and prison authorities that they will address the issue of missing files and cases that are protracting in court. The team that went to Mile Two Prison was led by Justice Basiru V.P Mahoney of the Gambia Court of Appeal, Justice Ebrima Jaiteh of the High Court and Master of the High Court, Omar Cham