By Alieu Jallow

One Babucarr Colley, a resident of Kololi Johannes, has been convicted by Principal Magistrate Isatou Sallah Mbye of the Kanifing Magistrate Court for stealing electrical wires valued at D10,000 from Seino Technical School in Bakoteh.

Statement of Offence

Stealing contrary to section 252 of the criminal code cap 10 volume 3 laws of the Gambia 2009.

Particular of offence

Babucarr Colley, on or about the 25th day of July 2024, at Seino Technical Senior Secondary School Bakoteh in the Kanifing Municipality of the Republic of the Gambia, you stole electrical wires fixed in a classroom valued at D10,000 being the property of the said school, thereby committed an offence.

According to the prosecution, on the 25th of July 2024 at Seino Senior Secondary School, Bakoteh Yunusa, One Yunusa saw the accused person cutting the electrical cables in the classroom, and when asked, the accused person said to him that he wanted to sell them to scrap dealers. At this juncture, Yunusa decided to call the proprietor of the school, who directed him to escort the young man and report the matter to the police.
Similarly, before he was taken to the police, he took the man to where he burnt the wires and was subsequently taken to the Kololi Police station. He was detained and his charges were read to him.

At this point, the prosecution applied to tender the cautionary and voluntary statement of the accused and equally tendered the said wires as evidence. These statements (cautionary and voluntary) of the police were rejected, which, according to Principal Magistrate Isatou Sallah Mbye the statement does not conform to the rules. In respect to the cables tendered they were admitted and marked as Exhibit A.

On his part, the accused, Babucarr Colley, affirmed his guilt by acknowledging committing the act.

In her ruling, Her worship, Isatou Sallah Mbye said since the accused admitted the statement after being read to him, he is therefore convicted and charged. The case was adjourned for possible sentencing. The prosecution was equally ordered to inform the parents of the accused as well as enquire from the parents of his mental health condition.

The accused is remanded at the Mile 2 central prison. The case resumes Monday 2nd September 2024 at 10 am.

By Michaella Faith Wright

Mariama Danso, Executive Director of Fact Check Center – The Gambia, emphasized the communication gaps between politicians and the public, as well as the challenges hindering women’s participation in Gambian politics.

Her remarks followed the release of the Afrobarometer Round 10 data, which provided insight into the state of democracy in the country.

During an event discussing the Afrobarometer Round 10 data, Mariama Danso of Fact Check Center – The Gambia expressed concern about the significant communication gap between political parties and the public. “There is a big gap in communication between the ruling government, opposition, and political parties, which is causing a lack of trust,” she said.

Danso noted that many Gambians are unaware of important developments, such as the draft constitution, and that political leaders are failing to adequately engage with the people. “Most of the conversations we’ve had around the constitutional report show that people are not informed about what is happening,” she explained.

The data also reflected Gambians’ growing mistrust of both local and national leaders. “Trust is an ongoing issue, not just with the central government but also with local government and assembly members,” Danso added.

She also highlighted the challenges women face in participating in politics, citing cultural and societal barriers. “For many women, the primary concern is how to provide for their families, leaving little time or energy for political engagement,” Danso said. She explained that societal pressures often discourage women from entering politics, with many women expressing concerns about how they would be perceived by their families and communities.

“Some women have told us that while they are interested in participating in politics, their husbands won’t allow it, or they fear the societal stigma attached to women in politics,” Danso said. She stressed the need for public awareness campaigns to encourage greater involvement of women in political processes.

Despite these challenges, Danso acknowledged some progress, noting a slight improvement in women’s political participation. “As long as we agree that there’s room for improvement, we can focus on empowering women to actively participate in politics,” she said. She called for initiatives to provide women with the resources and support they need to engage in the political sphere.

Danso also pointed out the lack of communication and trust between the government and the public. She observed that both the ruling National People’s Party (NPP) and the opposition are struggling to provide clear, beneficial information to the public. “There is a gap in communication, and sometimes the government fails to provide information that benefits the public,” she said.

Reflecting on the Afrobarometer data, Danso concluded that Gambians remain committed to democracy and elections, but dissatisfaction with leadership performance is widespread. “Gambians want elections, they believe in democracy, but there is a gap between what people expect and how their leaders are performing,” she said.

Security concerns were another major issue raised during the discussions. “People are directly affected by security issues, and when they raise concerns, they feel nothing is done in response,” Dandso explained. She urged political leaders to address the communication gaps and restore trust between the government and the citizens.

Danso stressed the importance of ensuring that people understand the democratic processes and decisions that affect their lives. “It’s not just about communicating with the public—it’s about making sure they understand the issues and the decisions we make as a democratic country,” she concluded.

By Michaella Faith Wright

Annetta Mahoney, a representative from Gambia Participates, has expressed the importance of civil society involvement in the ongoing discussions about the country’s draft constitution, emphasizing the need for transparency and broad public engagement.

Speaking after the release of the Afrobarometer Round 10 data, Mahoney highlighted the growing demand for a new constitution, with 71% of Gambians supporting the call.

Annetta Mahoney of Gambia Participates has underscored the critical role civil society must play in shaping Gambia’s future constitution. Reflecting on the findings of the Afrobarometer Round 10 survey, she noted that the timing of the survey is crucial, as it coincides with ongoing debates over the 2024 draft constitution.

“We know one day people will call on civil society activists, even if it means us scrutinizing the document point by point. Many Gambians have already formed their opinions about the constitution,” Mahoney said, recognizing that views often vary along political or religious lines.

According to Mahoney, political parties have a significant influence on how the public perceives the draft constitution. “Most Gambians tend to follow the perspectives presented by political parties, whether through political or religious lenses,” she said.

With growing public interest in the 2024 draft constitution, Mahoney believes that now, more than ever, civil society must unite to ensure the process is inclusive and transparent.

“Even though some have already discredited the draft, we need to sit together and thoroughly examine it,” she urged.

Mahoney also expressed her gratitude for the Afrobarometer survey, emphasizing its importance in shaping discussions. “The survey has come at a crucial time. We are at a pivotal moment with the 2024 draft constitution under review, and the findings reflect what we’ve known for years — Gambians want a new constitution.”

The Afrobarometer data revealed that 71% of Gambians support the need for a new constitution, echoing a longstanding desire since the rejection of the previous draft in 2020.

In response, Mahoney and her team have been working to facilitate conversations around the constitution. She mentioned efforts by opposition leaders and key stakeholders, including figures like Mr Taal and John Charles, to explore the reasons behind the 2020 rejection and what could be improved in the new draft.

“We’ve convened validation sessions with key stakeholders, producing a position paper. Civil society must continue to stress the need for transparency, inclusivity, and public engagement in the process,” Mahoney emphasized.

Despite not yet reviewing the new draft constitution in detail, Mahoney is confident that civil society will rally to scrutinize it, ensuring it reflects the will of the people. “We need to look at the draft cross by cross, engaging the public and making sure their voices are heard,” she concluded.

By Dawda Baldeh

The Disciplinary Committee of the University of The Gambia has summoned two senior staff members, Dr Alieu Gibba and Dr Matarr Njie, to answer for their criticism of the university’s management regarding purported injustices towards Gambian academic staff and delayed promotions.

They have been given a 48-hour deadline to present evidence regarding their allegations against the university.

In a statement, the university said the accusations made by Dr. Gibba and Dr. Njie have damaged the institution’s reputation.

On June 19, 2024, The Standard Newspaper published a story where the senior UTG staff made various allegations, followed by a publication by The Fatu Network on June 20.

The committee board stated, “You are required to attend the Disciplinary Committee hearing to investigate and address this matter.

“We urge you to provide evidence supporting your claims within 48 hours of receiving this letter, along with valid justifications for why disciplinary action should not be pursued against you,” the office of the vice-chancellor said in a letter seen by The Fatu Network.

As per the letter, the staff’s publications have “from all perceived intents and purposes, tarnished the image of the University and breached the provision of Chapter 9.6.2 of the Conditions of Service, 2007.”

The Fatu Network contacted Dr. Ensa Touray, the UTG Staff Association President, who disagreed with the summoning of Dr. Gibba and Associate Professor Njie.

“This is uncalled for and is purely intended to intimidate the UTG lecturers who have always been very peaceful,” Dr. Touray, the University of The Gambia Staff Association President said.

He added: “What we expected from the Vice Chancellor of the UTG is to respond to the demands of the staff by releasing the promotions.”

Dr. Touray argued that releasing the promotions can stabilize the situation.

He appealed to the government to take swift action and regulate the governance of the university to avoid continuous tension between the university faculties and the management.

“The continuous tension is portrayed as rebellions against the government, and we are very peaceful.

“The governance structures of the university are weak and could lead to a potential threat to our peace and stability,” Dr Touray told The Fatu Network.

Touray further revealed that UTG scholars are suffering under the current Vice-Chancellor Professor Herbert Robertson and appealed for the government to intervene to avoid escalating the situation.

According to Touray, UTG lecturers were asked to apply for promotion to different academic promotions and Dr Alieu Gibba applied to be an Associate Professor while Dr. Njie applied for a Professorship.

By: Alieu Jallow

In the ongoing legal battle between Technique Limited and Comium, the plaintiff is claiming $30,000 as arrears of rent for the period from 1st December 2021 to 31st August 2022.

The plaintiff is equally claiming damages for what it described as breach of contract, mesne profit from 1st December 2021 to the date of judgment. This application was awarded costs at the interest rate of 25% from the 1st day of December 2021 to the date of judgment, and thereafter 4% interest on the judgment sum until the date of payment.

Particulars of Claim

The plaintiff is a limited liability company incorporated in The Gambia and has its registered address at Sankung Sillah Road, Kombo Saint Mary Division, The Gambia, while the defendant is a GSM company situated at No. 27 Kairaba Avenue, KSMD, The Gambia.

By a tenancy agreement dated 3rd August 2006, the plaintiff offered to let, and the defendant agreed to take up tenancy of the rental premises for a period of 15 years. It was a term of the said agreement that the defendant would pay rent of $110,000 (one hundred and ten thousand dollars) per annum for the first five years, with an increment of $5,000 (five thousand dollars) for the next five years, and so on. At the trial, the plaintiff would rely on the said tenancy agreement for its full force and effect.

According to the plaintiff, the said tenancy agreement was for a duration of fifteen years, which was also to be renewed since December 2021. However, the defendant failed to renew the tenancy and wrongfully continued to occupy the rental premises and carry on business thereat at the plaintiff’s expense. The plaintiff avers that it reminded the defendant on numerous occasions to regularize the tenancy, i.e., to renew the same or vacate, but they simply kept giving excuses, delaying payment, and above all, pleading for a discount on the agreed rent based on purported financial constraints.

According to the plaintiff, after numerous reminders and correspondences between the parties regarding the renewal of the tenancy, the plaintiff sent a copy of the new tenancy to the defendant in January 2022 to be signed.

Despite receiving the copy of the said tenancy agreement, the defendant failed and neglected to sign the same and raised baseless excuses. To the utter surprise of the plaintiff, the defendant sent their own version of a draft contract, which contained unreasonable terms therein, which was categorically rejected by the plaintiff. As a result of the defendant’s unreasonable conduct, the plaintiff instructed its solicitors to take the necessary action against the defendant. By the date 25th March 2022, the plaintiff’s solicitors wrote to the defendant and demanded payment for arrears on rent and also reminded the defendant of their obligation under the tenancy.

Additionally, the defendant paid to the plaintiff’s account the sum of $60,000, leaving an outstanding balance of $30,000 for the rent for the period from 1st December to August 2022. The plaintiff asserts it was surprised by the receipt of a lesser sum than the actual amount to be paid by the defendant, thus causing their legal practitioners to initiate another letter dated 19th May 2022 to demand immediate payment of the said balance from the defendant.

The defendant made promises and negotiated with the plaintiff to bear with them and allow them to pay the rent in installments rather than the whole sum for that period. The landlord allowed a short period for the defendant to come up with the rent, considering their longstanding relationship. Notwithstanding the grace period availed to the defendant, they failed to pay. The plaintiff claimed that the defendant’s unreasonable conduct and neglect to pay their rent due has caused them damages, thus incurring over D150,000 for instituting this suit against the defendant. In light of this, the plaintiff is claiming the recovery of $30,000, equivalent to D1,620,000, damages for breach of contract, mesne profit from December 1st, 2021, to the date of judgment, and D150,000 being fees incurred for this action.

In her ruling today, Principal Magistrate Isatou Sallah Mbye awarded costs of D5,000 to the plaintiff following the defendant’s legal representative seeking an adjournment.

By Zackline Colley

Amidst The Gambia’s continued efforts to fortify democracy and advance transitional justice, fresh data from the Centre for Research and Policy Development has revealed substantial public backing for reforms, accountability, and democratic governance, with 71% of Gambians in favour of adopting a new constitution.

The survey signalled widespread endorsement of a legal framework that could solidify the country’s democratic gains.

The push for constitutional reform has been critical to The Gambia’s transition from autocratic rule to democracy. Following the end of Yahya Jammeh’s 22-year regime, which was marred by human rights abuses and suppression of political dissent, Gambians have been eager to rebuild their nation’s governance structures on a more democratic foundation.

The proposed constitution, which has yet to be adopted, includes provisions aimed at limiting presidential power, strengthening checks and balances, and ensuring greater protection of human rights.

Alongside constitutional reform, the Truth, Reconciliation, and Reparations Commission (TRRC) has been a pivotal element of The Gambia’s journey toward justice. The TRRC, established to investigate human rights abuses during Jammeh’s rule, has garnered increased public attention and support. Compared to 2018 and 2021, more Gambians are now calling for those accused of crimes against humanity and other severe human rights violations to be held accountable. This shift reflects a growing demand for justice and accountability as the nation seeks to heal from the wounds of the past.

Moreover, the commitment to democracy in The Gambia remains robust. A large majority of citizens continue to express support for democratic governance and emphasize the importance of holding the government accountable. Notably, a majority of Gambians believe that government accountability should be prioritized, even if it results in slower decision-making processes. This perspective underscores the public’s preference for transparency and accountability over expediency in governance.

The findings also highlight the Gambian people’s rejection of non-democratic alternatives, reinforcing the nation’s dedication to maintaining a democratic system that respects the rule of law and fundamental freedoms.

As The Gambia moves forward with its reform agenda, the widespread public support for a new constitution and transitional justice measures indicates a collective desire to establish a governance system that reflects the aspirations of its people. The challenge ahead lies in translating this public support into concrete actions that will ensure a stable, just, and democratic future for all Gambians.

By Alieu Jallow

Magistrate Isatou Sallah Mbye on Wednesday charged and fined 15 young women, mostly Nigerian nationals, for engaging in “idle and disorderly” conduct. 

According to the Prosecution, on or about August 10th, 2024, Faith Mosses, Esther Agudosi, Joy Rice Kumba Sarr, and 32 others within the jurisdiction of Kanifing Municipal in the Republic of the Gambia were found idle and disorderly contrary to section 166(e) of the criminal code cap 10:01 volume 3 laws of the Gambia.

Sergeant Amadou Baldeh, on behalf of the IGP, informed the court of the police initiative to target criminal hideouts. A joint task force was formed following a tip-off that a significant amount of criminal activity was cantered around motels and brothels in Kanifing, leading to the deployment of a patrol team.

Sergeant Bah said the patrol team, while at West Field, found Kumba Sarr at West Park at around 22:00 hours and couldn’t give any convincing reasons for being within the vicinity; thus, she was arrested and taken to the Serrekunda police station. He further informed the court that the patrol team proceeded to City Pop, Senegambia New Road and Kololi Taban, where they arrested several other people.

After reading the statement of offence, 15 people pleaded guilty while 21 others pleaded not guilty. In her ruling, Magistrate Sallah Mbye said the 15 who pleaded guilty were honest in their plea and thus pleaded with the court to tamper justice with mercy, with some of them pledging to quit the business and be law-abiding.

She convicted them and fined them D1000, and in default, they will be remanded in Mile 2 for one month, and for the non-Gambians, if there is any repeat of such act, they will be deported.

The matter is adjourned to Thursday, 29th August 2024, for bail determination and possible hearing for the 21 others.