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3 MoH, HePDO officials plead not guilty on 3 counts of theft

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By: Alieu Jallow

Three senior officials from the Ministry of Health (MoH) and Health Promotion and Development Organization (HePDO), who were arraigned on charges of economic crime, corruption, theft, and forgery among others at the High Court in Banjul, have pleaded not guilty to counts 16, 17, and 18 which were related to theft. 

The Permanent Secretary at the Ministry of Health, Muhammadou Lamin Jaiteh, the Programme Manager of the Malaria Control Programme, Balla Kandeh, and the Executive Director of HePDO, Omar Malleh Ceesay, along with Lamin Jarju (now deceased), have entered a plea of not guilty on count 16, which was theft. The charges are related to the alleged theft of D2.1 million, which were funds intended for malaria consultancy. The court has officially entered the case on a plea of not guilty.

According to section 205 of the criminal code, Bala Kandeh, Omar Malleh Ceesay, and Muhammdou Lamin Jaiteh are accused of theft, specifically of Offence 17. The incident occurred between August 2019 and January 2020, during which they allegedly stole D2.8 million meant for malaria consultancy. They have pleaded not guilty, and the court has entered a plea of not guilty.

The accused individuals, Bala Kandeh, Omar Malleh Ceesay, Muhammdou Lamin Jaiteh, and Lamin Jarju (deceased), are charged with theft, which is a violation of section 252 of the criminal code.

The theft occurred between January 2020 and June 2020 in Banjul and various other locations within The Gambia. The total amount stolen was D3.5 million, which was designated for malaria research.

The accused trio pleaded not guilty to the charges, and the court accepted their plea. The case has been adjourned to November 7th, 2023, to allow the state to present a witness.

T-Smallz ST comments spark GamMusic controversy

By: Muhammed Lamin Drammeh

The Gambian music industry has been rocked by controversy following T Smallz Suso’s allegations that ST Brikama Boyo has been running away from him after all the help he had given him in the past. The accusations have led to a heated debate, with artist Kila Ace and ST’s former manager, Dembo Jorbateh, also getting involved in the situation. The country’s music lovers are on edge as they wait to see how the situation unfolds.

During an interview with Argies Corner, T Smallz Suso, who goes by the stage name Katato, claimed that he did a lot for ST, a multi-award-winning artist. However, according to him, ST is now avoiding him for reasons he cannot fathom. This statement sparked a backlash on social media, with some accusing Smallz of seeking attention. Later on, Smallz released a song called “Criminal,” in which he called out ST.

“You have to run away from me, what have you done to me? This industry is dark, just like Satan,” he asked in his lyrics.

During a speech at Argies Corner, Dembo Jobarteh, the former manager of ST who goes by the name of the Baddest Manager, supported Smallz’s remarks about ST. He also shared some similar experiences he had while working with the Brikama-based artist but did not mention anything negative that the artist did to him.

D Jobz didn’t mention why he parted ways with the talented rapper but narrated the good things he did for ST and how fans are turning a blind eye to that. He argued that ST is like any other artist despite his successes in the industry.

Ali Cham, known as Killa Ace, a rapper turned activist, came in defence of T Smallz over what he narrated about ST. Killa Ace further described ST as a coward who hides behind his fans to go out on critics.

“Only a coward artist hides behind his fans, manipulating them to be disrespectful towards critics.

“T Smalls didn’t say anything about ST in that interview that warrants for him to be disrespected like this. We need to grow up and mature as an audience. Music fans act like political party surrogates and artists act like party leaders. No artist out here is untouchable.

“Smallz keep your head up, King, you are a legend. Keep up the consistency, keep speaking your mind and don’t mind these extremist idol worshipers,” he posted on his timeline.

Ebrima Sey, also called Big Sey as his stage name, said lots of these artists are bullying ST, noting that nobody had ever shown proof that ST did bad things to them. He added that he has never seen or heard ST talk badly about other artists, but it has always been other artists talking badly about ST.

In the conversation at Argies Coner, he argued that ST’s former manager, Dembo Jorbateh has personal issues with the star. Thus, he will not accept Dembo saying he’s neutral in the whole affair.

During an episode of Argies Corner, the host Agie asked T Smallz Suso about his relationship with ST, which sparked the controversy. Many ST supporters were unhappy with Smallz’s response, leading to a strong reaction from fans. In response, T Smallz returned to his studio and recorded a song calling out ST.

Despite the controversy, neither ST nor his management has come out to say something about the issue.

TFN Investigates Alleged Exploitation of Gambian Workers in Dubai

By: Dawda Baldeh

The Fatu Network (TFN) investigates alleged exploitation of Gambian workers in Dubai.

Following a series of complaints about exploitation, discrimination, and abuse from migrant workers in Dubai, The Fatu Network can reliably report that several Gambian migrants have faced exploitation, harassment, and discrimination, allegedly perpetrated by one Abdul Malick Sanyang, also known as Imam.

“Imam is a scammer who has been given so much power in Dubai to exploit people in any way. He should be arrested,” said Muhammed Gaye, a Gambian residing in Dubai.

Among the people we have communicated with, including those currently in Dubai and those who frustratingly returned home, it appears their claims are authentic.

The alleged exploitation, such as working under extreme conditions, has led to severe health problems for some of his alleged victims.

However, when we contacted Imam to hear his side of the story, he refused to comment.

TFN also managed to communicate with the Gambian embassy in Dubai, which is expected to provide information regarding the alleged exploitation.

“We have been receiving reports of exploitation from the alleged victims over the past months,” said Tijan Jaiteh, the President of the Association of Gambian Migrants in Dubai.

Full details of this investigation will be available soon. Stay tuned…

Gambia’s High Commission Awards Dr. Jawara

By: Jawo

The Gambia High Commission in Dakar, Senegal, has honored the Chief Executive Officer (CEO) of GACH Global, Abubakary Jawara, for his unwavering contribution to the successful hosting of Gambia Day in Senegal.

Gambia Day provided Gambian and Senegalese public and private economic operators with an opportunity to explore prospects in both countries and benefit from the two governments’ goodwill to eliminate bureaucracies in registering or matchmaking businesses in the two countries.

Hundreds of business leaders and investors from the two countries gathered at the Radisson Blue Hotel in Dakar for a forum organized by the two nations’ investment agencies, Giepa and Apix. The event took advantage of the Gambia Day celebration, a concept initiated by The Gambia’s High Commission in Dakar, to showcase Gambian culture and promote Senegambia relations.

During the event, The Gambia’s High Commission in Dakar recognized individuals who contributed to the successful hosting of the event.

The award presented to Mr. Jawara acknowledges his invaluable contribution to The Gambia Day. The High Commission also expressed gratitude to him for supporting the event.

Speaking shortly after receiving the award, GACH CEO Abubakary Jawara expressed gratitude to The Gambia’s High Commission for recognizing his efforts, stating that it would serve as motivation for him to do more.

Mr. Jawara is one of the country’s leading business tycoons and philanthropists.

The Rise of a Wonder Kid

By: Alagie Cherno Suwareh

Bubacarr Kebbeh, also known as “Anderson” or more commonly referred to as Salgado, is a midfield talent born in Brufut. He currently plays for Diamond Boys in the ongoing Brikama Nawettan and serves as the team captain for Brikama’s Zonal team in the ongoing West Coast Region Zonal Football competition.

The wonder-boy, Bubacarr Kebbeh, showcases his tricky skills, renowned for brilliant set pieces, amazing one-on-one take-ons, and killer passes. His exceptional performance has inspired his Nawettan team, Diamond Boys, with five goals, two magical assists, and the creation of nine big chances in just five games in the ongoing Brikama Nawettan. This display led the Brikama Zonal team to select him without hesitation to represent the community in the ongoing West Coast Region Zonal Football competition.

Adama Sabally, also known as Nesta and currently the team coach at Brikama Zonal team, expressed, “Bubacarr Kebbeh is a rare talent, and I rely on him a lot as he is my team captain.” Coach Adama, a former football player for Brikama Utd, Real De Banjul, and LISCR FC in the Liberia First Division League, commended Kebbeh’s abilities.

Speaking to his manager, Alagie Cherno Suwareh, he described Bubacarr Kebbeh as a football genius. “It is difficult to believe that such a young player rising through local facilities possesses such magical skills. I am not surprised that many clubs have already shown interest,” he added. Suwareh noted that Kebbeh is a player that every football fanatic will enjoy watching play.

The young sensation made his debut in 2017, leading his Nawettan team to win the league. He finished as the best player, youngest best player, and the top scorer. He then represented his community in the zonal football, playing a lone match that earned him a position in Lions of Accra, a Ghanaian First Division team. He won the league title with them before returning home after the contract ended due to a knee injury. However, after his recovery, Bubacarr Kebbeh continued to deliver top-class balling skills in the Nawettan, where everything started.

Since his childhood, rising from academy tournaments with Gilkock Football Academy, Brufut branch; Orlando Boys in Brikama; Lions of Accra in Accra, Ghana, and attending several trials abroad while still a player in Accra, Ghana, the young, magical, multi-talented midfielder is expected to sign a new contract as teams from home and abroad are showing interest in signing him.

NFTR Urges Members to Embrace Public-Private Partnership

By: Dawda Baldeh

Journalists have been encouraged by the Network of Finance and Tax Reporters (NFTR) to embrace Public-Private Partnership (PPP) during a recently concluded training session on the topic.

The network emphasized the importance of journalists not compromising their core principles while engaging in such partnerships.

The event, organized by the Network and funded by Jah Oil Company, took place in Brikama, West Coast Region, bringing together senior journalists from different media platforms.

Action plans were presented on how the media can contribute to public-private partnerships, and journalists had the opportunity to ask questions and discuss their concerns.

Abdoulie Nyockeh, the President of the Network of Finance and Tax Reporters, highlighted the significance of such training in raising awareness for revenue mobilization and promoting transparency in tax payment.

The NFTR President urged members to make full use of the network to report on finance and tax issues, raise awareness, and address any shortcomings.

Participants were exposed to various important areas of reporting on tax matters, including addressing challenges such as irresponsible journalism and access to information.

The network expressed gratitude to Jah Oil for their support in building its members’ capacity. Musa S. Sheriff, the Managing Director and Editor-In-Chief of The Voice newspaper, challenged Gambian journalists to shift their focus from political reporting and instead cover financial issues in the country. He specifically mentioned the recent demolition of illegal structures along highways as an economic crisis that the media should address.

He encouraged network members to adopt a new approach in their reporting, be critical when covering financial matters, and not solely rely on annual events organized by financial institutions. He stressed the responsibility of the network to provide daily financial information to the public.

Momodou Hydara, the General Manager of Jah Oil Company, expressed the company’s commitment to enhancing the capacity of the network of finance and tax reporters. He provided an overview of their activities and emphasized the role of the private sector in employment.

Other speakers at the event, including Momodou Jallow, Alieu Sowe, and Ebrima Camara, also emphasized the significance of Public-Private Partnership and praised Jah Oil for taking the initiative. Collaboration in national development was underscored as essential.

FIOHTG extols staff victory in Journal Development

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By: Samsideen Ceesay, Communication Officer, FIOHTG

Future In Our Hands The Gambia on Wednesday, October 25, 2023, celebrated two members of its staff for their terrific performance in participation in the Journal of Development and Policy Research.

The articles published in the Journal of Development and Policy Research have two authors, Muhammed Lenn, Monitoring and Evaluation Manager, and Lamin Njie, Senior Programme Officer of FIOHTG.

The journal is funded by the European Union under the CSO Watchdog project, which is a collaboration of FIOHTG, TANGO and FAWEGAM.

In expressing her joy, the Country Director of FIOHTG, Jainaba T. Sarr, said that the journal’s write-up is the first of its kind in the CSOs family in the country.

According to her, having her staff participate in the journal is an important milestone geared towards enhancing the organization’s strategic objectives within the CSOs community.

She disclosed that “it is a proud moment for us, and the journal will be published in the international media.”

Amadou Sambou, SDU manager also expressed delight over the bold step taken by the duo in writing the journal. He stated that the accolades have manifested the work of the organization in terms of quality and output.

Meanwhile, Yankuba Manneh, a Project Manager at FIOHTG, said that it is a proud moment for FIOHTG for participating in this year’s journal competition which signifies a crucial moment for all.

Muhammed Lenn, Monitoring and Evaluation Manager expressed delight and appreciation, thanking the management for creating the needed space to participate and give their best in the journal development.

Can a Man commit Adultery in the eyes of the Law?

By Prof. Raphael Nyarkotey Obu

Can a Man commit Adultery in the eyes of the Law?

When one critically examines the legal ingredients of what constitutes adultery, it appears that a man cannot commit adultery.  Hence, this article explores what constitutes adultery in the legal sense. This is done by examining the holy books, and statutory and judicial reasoning on what constitutes adultery.

Adultery defines

The word “adultery” derives its origin from the French word “avoutre”, which has evolved from the Latin verb “adulterium” which means “to corrupt”.

The dictionary meaning of adultery is that a married man commits adultery if he has sex with a woman with whom he has not entered into wedlock.

In the Holy Bible, Jesus affirmed the commandment against adultery and even expanded it, saying, “But I say to you, anyone who looks on a woman to lust after her has committed adultery with her already in his heart.” He taught his audience that the outward act of adultery does not happen apart from sins of the heart.”

Jesus’s principle on adultery says that even where there is no sexual intercourse between the said parties, it still amounts to adultery. This is different from the legal perspective on what constitutes or the elements of adultery.

This notwithstanding, the Old Testament in Leviticus 20:10 defines what constitutes adultery in the Hebrew Bible, and it also prescribes the punishment as capital punishment. In this verse, and the Jewish tradition, adultery consists of sexual intercourse between a man and a married woman who is not his lawful wife:

And the man that committeth adultery with another man’s wife, even he that committeth adultery with his neighbor’s wife, the adulterer, and the adulteress shall surely be put to death.

This means in Leviticus, adultery can only happen to a married woman. The adjective married was not attached to a man.

Also in the Hebrew Bible, adultery is not committed if the female participant is unmarried (unless she is betrothed to be married (Deuteronomy 22:23–27), while the marital status of the male participant is irrelevant (he could be married or unmarried to another woman). This means a married man having sexual intercourse with a married woman amounts to adultery. Additionally, an unmarried man having sexual intercourse with a married woman amounts to adultery.

Finally, a married man having sexual intercourse with unmarried woman is not adultery- see Leviticus 20:10.

Probably, Jesus realized the gap created in the Old Testament on adultery and thought it was discriminatory towards married women only and had to expand on it in the gospels.

So, in Matthew 19:18, and Mark 10:19, Jesus affirmed the commandment against adultery and seemed to extend it in Matthew 5:28 (NASB) saying, “But I say to you, anyone who looks on a woman to lust after her has committed adultery with her already in his heart.”  The important word here is ‘lust’- have strong sexual desire for the woman.  This means once you perceive that you wish to do something with this woman amounts to adultery.

This departed from the Old Testament principle on adultery which places the obligations on only the married woman having sexual intercourse with either a married or unmarried man.  It further departed from judicial elements of adultery which constitute ‘penetration’- anything apart from this does not amount to adultery in law.

Jesus further said outward act of adultery does not happen apart from sins of the heart in Mark 7:21–23 (NAB), see also Matthew 15:19–20: “From within people, from their hearts, come evil thoughts, unchastity, theft, murder, adultery, greed, malice, deceit, licentiousness, envy, blasphemy, arrogance, folly. All these evils come from within, and they defile.”

However, some commentators, including Thomas Aquinas, say that Jesus was making the connection with the commandment, “You shall not covet your neighbor’s wife.” (Exodus 20:17, Deuteronomy 5:21). The Old Testament was particular about a man having sexual intercourse with another man’s wife and not a man having sexual intercourse with an unmarried woman.

Let us also examine the Quran:  “Adultery is defined as sexual intercourse by a person whether man or woman, with someone to whom they are not married.” Adultery or extramarital sex is considered the infringement of a matrimonial bond and is regarded as one of the foremost crimes condemned by Allah. The Quran is very emphathic on who is capable of committing adultery.

Legal Meaning of Adultery

Moving from the Holy Books, let us examine adultery in the context of the law made by man. In Ghana, The Matrimonial Causes Act, of 1971 (Act 367), governs the law on divorce.  On what constitutes adultery –it states:

Adultery may be defined as voluntary sexual intercourse between two persons of whom one or both are married but who are not married to each other. It is important to note that if you are the Petitioner, you cannot rely on your adultery. For Adultery to be proven, there must be at least partial penetration.

The meaning of adultery within case law is:

  • A married man having sexual intercourse with a woman other than his wife; or
  • A married woman having sexual intercourse with a man other than her husband.

Surprisingly, this means that a person has not committed adultery in an extramarital relationship where there is no sexual intercourse.

Is adultery a crime?

From the Holy Bible, if a married woman was raped by a man who is not her husband, only the rapist is punished for adultery. The victim is not punished: as the Bible declares, “this matter is similar to when a man rises against his fellow and murders him”; just as a murder victim is not guilty of murder, a rape victim is not guilty of adultery (Deuteronomy 22:26).

But Jesus departed from the criminal aspect of adultery in the Old Testament. In the gospel of John, Jesus gave an account of a woman caught in adultery. Leaders responsible for executing justice brought her to Jesus and asked for his judgment. Jesus identified adultery with sin; however, his statement “Let him who is without sin cast the first stone” did not refer to the principles of law but to conscience.

Some commentators point out that if the woman was caught in adultery, there should also have been a man standing trial. The law clearly stated that both parties were to receive the death penalty. By not bringing the guilty man to justice, these leaders shared in the guilt and were not fit to carry out the punishment. Not condoning her adultery, Jesus warns the woman in parting, “Go and sin no more” see John 8:11 (ESV).

Post Jesus, the Apostle Paul also had this to say on adultery:

Do not be deceived: neither the sexually immoral, nor idolaters, nor adulterers, nor men who practice homosexuality, nor thieves, nor the greedy, nor drunkards, nor revilers, nor swindlers will inherit the kingdom of God. And such were some of you. But you were washed, you were sanctified, you were justified in the name of the Lord Jesus Christ and by the Spirit of our God.

— 1 Corinthians 6:9–11 (ESV) See also 1 Thessalonians 4:3–7

The Quran also tries to enforce sexual morality to the core and anyone who is found guilty of fornication is punished with one hundred lashes and a married Muslim who is found guilty of adultery may be stoned (rajm) by a group of Muslim believers until that person dies to send a clear warning to wannabe adulterers.

Departing from the Holy books, in the legal context, if one examines the international perspective, trends worldwide indicate that very few nations continue to treat adultery as a crime, though most nations retain adultery for divorce laws, see Joseph Shine v. Union of India where the Supreme Court on 27th September 2018 departed from the statutory position that adultery was a crime.

In treating adultery as a crime, the Court held that the State interfered with people’s personal lives and crossed over into the private realm, and after the act of adultery, the husband and the wife should be allowed to make a mutual decision based on their discretion. Thus, it is unconstitutional.

Also, since the introduction of the Matrimonial Causes Act in 1857, adultery has not been a crime in the United Kingdom. However, that does not mean that it’s acceptable. Adultery used to be one of the five grounds to cite a divorce. However, this is no longer the case.  Additionally, in Ghana and the Gambia, no law criminalizes adultery and fornication.

Divorce my partner for adultery?

According to the gospels, Jesus quoted the book of Genesis regarding the divine origin of the marriage relationship, concluding, “So they are no longer two, but one flesh. Therefore, what God has joined together, no man must separate.”  See Matthew 19:6 (ESV)

Jesus dismissed convenient provisions allowing for divorce for nearly any reason and cited sexual immorality (a breaking of the marriage covenant) as the only reason why a person may divorce without committing adultery. See  Matthew 19:9, Mark 10:11, 12, Luke 16:18.

The Apostle Paul also said  in 1 Corinthians 7:10–15 RSV (commonly called the Pauline privilege):

To the married I give charge, not I but the Lord, that the wife should not separate from her husband … and that the husband should not divorce his wife. To the rest I say, not the Lord, … But if the unbelieving partner desires to separate, let it be so; in such a case the brother or sister is not bound. For God has called us to peace. Paul means if one partner desires to divorce in the name of peace, let the person do it.

In the legal context, the Indian Supreme Court rules in Joseph Shine v. Union of India, 2018 SCC reasoned that there can be no shadow of a doubt that adultery can be a ground for any kind of civil wrong including dissolution of marriage.

In the Ghanaian case of Gloria Odartey Lamptey vs. Nii Odartey Lamptey (Suit No. Bdmc 454/2013 (Unreported) 6), the Ghanaian footballer won the case of cheating against the wife. The court also declared that the three (3) children of the household were not the Respondent’s biological children. This declaration was based on the adulterous relationship of the Petitioner who had birthed these children. This was expressed by Her Ladyship as follows:

“But what is undisputed which supports an order for divorce is the adultery allegation of the respondent. The evidence is undisputed, backed by Exhibit ‘1’, the results of a deoxyribonucleic acid (DNA) test which indicates that the children, Latifah, Kadijah, and Moesha Odartey Lamptey are not biologically, the children of the respondent, and the circumstances of the case lead me to make a finding that the children were procreated in adultery.”

In respect of the DNA results, the court relied on Hume v Hume & McAuliffe [1965] Times, Feb 25 as cited by the learned Ghanaian author, William E. Offei  wherein he stated that “A finding of adultery was made against a wife on the evidence that she had given birth to a child of whom blood tests established that the husband could not be the father”.

Also in an Indian High Court case, Anusha Kumari vs. Rohan on 5 December 2017, the husband alleged that his wife gave birth to a child during a period when he was away from home and had no physical relationship with her. The trial court directed them to undergo a D.N.A. test. The Patna High Court upheld it.

In Ghana, the Matrimonial Causes Act, 1971 (Act 367)-Section 2(1) (a) of Act 367 states:

“… the Respondent has committed adultery and that by reason of the adultery, the petitioner finds it intolerable to live with the Respondent”.

 Grounds for divorce

Previously, adultery was one of five grounds for divorce in the United Kingdom and Ghana and others, all arising from an “irretrievable breakdown” of the marriage. It appears that grounds for divorce appear ubiquitous:

  • Living apart for more than two years (with the consent of divorce);
  • Living apart for more than five years (with no consent of divorce);
  • Desertion;
  • Unreasonable behaviour; and

However, since the implementation of no-fault divorce, you no longer need to cite a reason when filing for divorce. Although, that’s not to say that adultery can’t be a reason why you want a divorce. Now, you just don’t have to prove it.

Legal Ingredients of Adultery

To constitute the offense of adultery, the following must be established:

  • Sexual intercourse between a married woman and a man who is not her husband;
  • The man who has sexual intercourse with the married woman must know or have a reason to believe that she is the wife of another man;
  • Such sexual intercourse must take place with her consent, i.e., it must not amount to rape;
  • Sexual intercourse with the married woman must take place without the consent or connivance of her husband.

Looking at these ingredients in the India case, a wife is disabled from prosecuting her husband for being involved in an adulterous relationship. The law does not make it an offense for a married man to engage in an act of sexual intercourse with a single woman, Joseph Shine v. Union of India, 2018 SCC.

Also, looking at the first element means a man cannot commit adultery. Adultery can only be committed by a married woman who had sexual intercourse with an unmarried man who knows she is married. So, in the case that the unmarried man is unaware that the woman is married means no adultery committed.

It also means that adultery can only be committed when there is sexual intercourse, anything apart from that means no adultery.  This fortifies the Canadian case of P. (S.E.) v. P. (D.D.) 2005 BCSC 1290 (CanLII), where the court defined adultery as intimate sexual activity outside of marriage, regardless of the specific nature of the sexual act performed. Cybersex or sexting, however, while emotionally devastating to the other spouse or partner, does not reach the level of intimacy necessary for it to function as adultery under the Divorce Act.

In the Gambia case of Abdoulie Drammeh v. Joyce Drammeh (1970), the privy council Appeal reasoned that once there is no sexual intercourse between the man accused of adultery and the co-accused before their subsequent marriage in the Mohammedan faith, it cannot be construed as adultery.

Also, another principle from this case is that a monogamous marriage under the Christian faith cannot prevent the Man from marrying another woman under the Mohammedan faith. However, since the previous marriage was contracted under the Christian faith, the first wife could treat the second marriage the husband contracted under the Mohammedan faith as adulterous.

 How can I prove adultery?

Legally, adultery only covers sexual intercourse, which means behaviors such as kissing, webcam, virtual, and “emotional adultery” do not count toward getting divorced. This makes adultery very hard to prove if your spouse will not admit to it and I justify herein with some Indian cases.

In Rajee vs. Baburao on 11 August 1995, the husband alleged that he saw his wife talking with another person on three occasions. The lower court convicted the accused in this case. However, the Madras High Court set aside the lower court judgment, saying all three meetings were during the daytime and at a time when all the three grown-up children were in the house.

Also, in Subrata Kumar Banerjee vs Dipti Banerjee on 4 June 1973, the man alleged that his wife had left for New Alipore with her children and another man and complained of adultery.  The court ruled that no evidence of sexual intercourse with another person was observed to be considered adultery.

Furthermore, in Samuel Bahadur Singh vs. Smt. Roshni Singh And Anr. on 31 August 1959, the court was satisfied that there was proof of illicit affection coupled with an opportunity to have committed adultery. The court, however, said that it was not satisfied that the evidence on record was sufficient to come to any positive conclusion that a child had been born to the woman after she had left her husband’s shelter.

Alternatively, to enforce capital punishment for adultery, at least two witnesses were required, and both the man and woman involved were subject to punishment. While cases of adultery could thus be difficult to prove, divorce laws added over the years enabled a husband to divorce his wife on circumstantial evidence of adultery, without witnesses or additional evidence.

The easiest way to prove adultery is for the unfaithful person to admit it. However, it’s easier said than done, with most people being unwilling to admit their unfaithfulness.

Just as I highlighted supra, you no longer need to cite a specific reason – like adultery – when filing for a divorce. Therefore, finding proof is no longer required once you can prove the marriage has broken down beyond repairs.

Adultery committed even in the process of divorce

The Indian Supreme Court further ruled in Joseph Shine v. Union of India, 2018 that in the case where there is a pending divorce proceedings involving a married woman whose marriage has broken down, as a result of which she no longer cohabits with her husband, and may have obtained a decree for judicial separation against her husband, preparatory to a divorce being granted. If during this period, she has sex with another man, the other man is immediately guilty of the offence.

Also in M.Chinna Karuppasamy  vs Kanimozhi : on 16 July, 2015,
the Madras High Court reasoned that even after the decree of divorce, the divorced wife carries the obligation not to live in a relationship with any other man.

Take Home

It is interesting to note that adultery can only be committed when the two parties voluntarily engage in sexual intercourse. Without penetration, there is no case of adultery.  So even when your partner denies sexual intercourse with the other partner, it is difficult to accuse your partner.

Secondly, though some countries have adultery laws that make it a crime, it is not enforceable. In Ghana and Gambia, adultery is not a crime but it could be used as a case for divorce if you can demonstrate that the marriage has broken down and is beyond repair.  I think these changes were orchestrated by Jesus’s principle  “Go and sin no more” see John 8:11 (ESV).

Thirdly, from most of the changes in statutory provisions, a man and woman can all commit adultery but the jurisdiction matters- see the Gambia case of Abdoulie Drammeh v. Joyce Drammeh (1970).

Prof. Raphael Nyarkotey Obu is a full Professor of Holistic Medicine. President, Nyarkotey University College of Holistic Medicine & Technology, Ghana.  E-mail: [email protected]. This article is for educational purposes. 

GFF President Praises Journalist Kifa for Sports Development Achievements

By: Dawda Baldeh

On October 25th, Lamin Kaba Bajo, President of the Gambia Football Federation (GFF), extended an invitation to Mamour Mbenga, also known as Kifa Barhama, praising him for his recent accomplishments in the Sports Governance and Leadership course at the National Sports College in Ghana.

The meeting between both stakeholders delved into discussions on partnership development programs aimed at fortifying Gambian football.

Expressing admiration for Mr. Mbenga, Mr. Bajo encouraged the young sports administrator to persist in his dedication to development activities.

Within the meeting, Mr. Bajo congratulated Mbenga on his appointment as the Official Brand Ambassador of the Drug Law Enforcement Agency.

Consequently, Mr. Bajo urged and motivated the sports enthusiast to actively contribute to football development, sharing his knowledge and expertise.

The Federation’s President underscored the significance of sports education and the promotion of young leaders to bolster the development of others in the sports field.

He emphasized that young individuals can make substantial contributions to the development of others by applying their knowledge and skills in sports.

Mr. Bajo pledged his support to Mr. Mbenga and other partnership development endeavors.

Expressing concern about illicit drug abuse in sports, particularly in football, the GFF President displayed an interest in the implementation of an Anti-Doping Policy.

To address the issue, Mr. Bajo called upon all stakeholders responsible for illicit drugs and crimes to unite and collaborate.

In discussions with Mr. Mbenga, the possibility of collaboration to raise awareness among athletes about the dangers of illicit drugs and their impact on their careers was explored.

As the Brand Ambassador for Dleag, Mr. Mbenga expressed gratitude for the timely gesture by the Federation and affirmed his commitment to participating in development programs fostering positive changes in the football industry.

Mr. Mbenga emphasized the well-being of athletes, expressing concerns about the use of illicit drugs and other substances.

He promised to engage with partners and relevant stakeholders to implement initiatives aimed at preventing the misuse of such substances for the benefit of society.

In the previous year, Mr. Mbenga completed a six-month Advanced Certificate Program in Football Business Management and HR at Valley View University in Dodowa, Ghana.

Currently, he is dedicated to developing and managing young athletes in various clubs and communities, serving as the CEO of Dolphin Stars F.C., a grassroots football club in the Gambia.

Using sports as a tool for addressing social issues such as drugs, crimes, and migration, Mr. Mbenga believes that engaging young people in development activities can minimize their involvement in such crimes and reduce the risk of negative consequences.

Jah Oil Faces Unjust Criticism from Competitors for Offering More Affordable Oil, Claims GM

By: Dawda Baldeh

Amidst the recent drop in fuel prices, Jah Oil General Manager, Momodou Hydara, has asserted that their business counterparts criticize them for disrupting the market by selling fuel at a lower price.

Hydara addressed these accusations earlier today at the Regional Office in Brikama during the opening of a daylong training organized by the Network of Finance and Tax Reporters of The Gambia, which was funded by Jah Oil Company.

He refuted claims of selling substandard fuel, emphasizing that they price their fuel at forty-nine dalasis (D49), sacrificing one dalasis from their profit, while other companies sell it for fifty dalasis.

“As a Gambian-owned company, we are content with the modest profit we make and conduct business differently. Unfortunately, this doesn’t sit well with our counterparts, leading them to spread false information about us,” he stated.

Hydara explained that the core of the conflict lies in accusations that Jah Oil is causing market disruption by selling fuel below the government-fixed price.

Despite these allegations, Hydara asserted that Jah Oil is not concerned with the profits of their competitors, and they willingly decrease their own profits for the sake of the Gambian community.

He pointed out that most fueling companies are not owned by local Gambians. As Jah Oil aims to take the lead in the market, their competitors respond by spreading false rumors that their fuel is substandard and causes engine damage.

“This is particularly troublesome, as everyone stores their fuel at the same storage tank, so it is unfounded to declare that Jah Oil’s fuel is inferior,” he added.

In response to claims of mixing oil with their fuel products, Hydara dismissed these as false and misleading. “It doesn’t make economic sense, as oil is more costly than petrol and gas. They certainly wouldn’t mix it and then sell their fuel at a lower price,” he said.

Furthermore, he clarified that the fuel used for fishing boats, called premix, is not suitable for regular vehicles and would harm their engines. Hydara highlighted Jah Oil’s dedication to the country’s interests, acknowledging that some people may have misunderstood the mixing of oil and fuel for fishing boats.

Despite the criticism faced by the company, Hydara affirmed that they will continue to operate in their own way. He revealed that when Jah Oil is not involved, the price of cement increases, but it decreases once they enter the market.

Jah Oil’s participation in the cement market has attracted negative criticism from competitors who accuse them of market disruption. “Cement prices were four hundred and seventy-five dalasis in the beginning of the year, but when we entered, we sold our cement for four hundred dalasis. Within a week, those selling at a higher price also started selling at four hundred…” he explained.

Additionally, Hydara shared that the company has recently completed the construction of a storage facility with a capacity of one hundred and eighty thousand metric tons. He further stated their plans to venture into the food industry, aiming to reduce food prices for the benefit of all Gambians.

Former BsAC CEO accuses ‘unqualified’ finance director of signature forgery

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By: Muhammed Lamin Drammeh

The suspended Chief Executive Officer of the Basse Area Council (BsAC), Ousman Touray, has told the commission looking into the activities of the local government councils that his finance director, Lamin Suso, used to forge his signatures.

He made this revelation to the Commission of Local Government Inquiries.

The duo is currently on suspension by the Basse Area Council for their alleged involvement in multiple financial misdeeds.

The witness, Ousman Touray, in his testimony, said that the Director of Finance, Lamin Suso, used to forge his signatures. He revealed that he reported the issue to the auditors during the system audit exercise.

In backing his assertion, he provided a cheque dated October 6, 2002, to the Commission, supposedly showing that the former Director of Finance Lamin Suso forged his signature.

Ousman additionally told the Commission that he misled the Local Government Service Commission to secure the appointment of ex-director of finance, Lamin Suso.

“It is something that I did, and I definitely regretted it,” he told the commission.

He said that he wrote to the Local Government Service Commission recommending the confirmation of the appointment of the Finance Director for the Basse Area Council, revealing that the recommendation was never sanctioned by the general council.

Touray further admitted that Suso was not qualified to handle the position by requirement, but lied to the Local Government Service Commission that he was competent and fit the job.

Gambian Swedish-born wonderkid’s exploits spark hunt for representation 

By: Muhammed Lamin Drammeh

The coach of The Gambia national team, Tom Sainfeit, has told The Fatu Network that he has initiated contact with Gambian Swedish-born youngster, Momodou Lamin Sonko, to convince him to ditch Sweden for The Gambia.

18-year-old winger Momodou Lamin Sonko scored three goals for Swedish champions BK Hacken in their weekend match against IFK Norrkoping. Although born in Sweden, Sonko is eligible to play for The Gambia because of his Gambian father, despite previously playing for the Swedish youth team.

Speaking to The Fatu Network, The Gambia national team coach, Tom Sainfeit, said he has been hunting Sonko for over a year now. He said that he emailed the player and his representative some time ago but has not received any response.

However, he told TFN today that he contacted the player’s representative after obtaining their contact information.

“I have, via my connections, the number of Momodou Lamin, and I have sent him a message,” he told TFN as he began his efforts to convince the youngster to play for the Scorpions.

According to Tom, before Momodou’s explosion this season with a hat-trick over the weekend, he had been following the youngster but did not get through.

“I emailed him. I contacted the agency online and I even contacted the player via Linkin but up until now, I don’t have feedback. I don’t have his number, but I am interested in him,” Tom explained.

He admitted to TFN that it will be a tough endeavour to have Sonko commit to The Gambia because he’s a good player who currently plays for the Swedish youth rank.

The Gambia, in recent years, has battled with Sweden for Modou Barrow, Champions League player Saidy Janko and Nuha Sonko and eventually convinced them to play for The Gambia.

However, Sonko’s recent exploits and eligibility to play for both Sweden and The Gambia may force the Swedish Football Federation to tie him down.

Despite the potential challenge the country will face in convincing the player, Tom believes that if the player is interested in playing for The Gambia, then it will be possible.

The player’s agent initially said The Gambia didn’t contact the player or his representatives to discuss his situation. With Tom now texting the player directly, the player’s interest in playing for his father’s country will be known.

Gaza mourns in silence: World leaders avert their gaze from Israeli carpet bombings

OPINION

By: Ali Fatty, student at Ahmadiyya International University of Theology and Scholastic Sciences Ghana

We have witnessed the distressing escalation of one of the world’s longest-standing conflicts between Palestine and Israel, leading to an unprecedented tragic series of civilian deaths both in Israel and now, to a larger extent, in Palestine.

It is understandable that the recent attack of Hamas must be rejected and condemned but it would be unjust to believe the injustice in this conflict started from Hamas’ attack. Israel has been persecuting Palestinians for decades in plain sight. World leaders know this, yet they choose to ignore the relentless occupation and control of Gaza by Israeli forces. As a result, sympathy for Palestinians amongst world leaders is a rarity, instead, they choose to fan the flames of war and destruction.

An Israeli lawmaker Ofer Cassif, speaks on the unjust occupation of Palestine by Israel:

“The Israeli government, which is a fascist government, supports, encourages, and leads pogroms against the Palestinians. There is an ethnic cleansing going on. It was obvious the writing was on the wall, written in the blood of the Palestinians – and unfortunately now Israelis as well,” (https://www.aljazeera.com/news/2023/10/8/israeli-lawmaker-blames-pogroms-against-palestinians-for-terrible-attacks)

Are Palestinians to be blamed?

Since the start of the war, the Israeli leaders unfortunately have been constantly hellbent on pointing fingers that all the Palestinians are to be blamed in justification for their bombardment of innocent civilians in Palestine.

Israeli Prime Minister Benjamin Netanyahu said in a video statement:

“Our enemy will pay a price the type of which it has never known,” (https://www.aljazeera.com/news/2023/10/15/palestinian-american-boy-stabbed-to-death-in-gaza-war-related-killing-in-us)

However, Husam Zomlot, the Palestinian Ambassador to the UK told the BBC that Hamas is not a Palestine government. The Ambassador said:

“Hamas is a militant group, you are talking to a Palestinian representative – and our policy is very clear. This is not about support or not support (Hamas). I am here to represent the Palestinian people, and what they are going through.”

“Hamas is not the Palestine government. The Israeli government is giving orders to its organised army. Don’t throw any symmetry here. Don’t equate the occupied and occupier. This doesn’t serve justice.” (https://www.businesstoday.in/latest/world/story/hamas-is-not-palestinian-diplomat-confronts-bbc-journalist-over-do-you-condemn-attack-on-israel-question-401455-2023-10-10)

Global leaders double standard proliferating war

Regrettably, high-profile leaders occupying high positions in global multilateral governmental institutions, that are expected to be the preachers of peace and building bridges of reconciliation between the two parties are instead busy forming allies and making reckless comments that are proliferating the intensity of the war and persecution against Palestinians.

Even though the Palestinian authorities have disassociated themselves from the Hamas Militant group, Western leaders and media chooses to ignore the hard fact but continue to push the narrative that Israel is defending itself.

For example, the leaders of France, Germany, Italy, Britain and the United States in a joint statement condemned Hamas’s attacks, calling them “acts of terrorism” that had “no justification.” The statement reads: “Our countries will support Israel in its efforts to defend itself and its people against such atrocities,” (www.washingtonpost.com/world/2023/10/10/israel-Hamas-war-global-reaction/)

Since when did carpet bombing civilians and cutting essential human supplies to them become “defence”?

The UK government has also expressed its plan to deploy its Royal Navy ship to support Israel in the war against Hamas. (www.bbc.com/news/uk-67095846)

Rishi Sunak, the Prime Minister of the United Kingdom, said “Israel has an absolute right to defend itself,” (https://twitter.com/RishiSunak/status/1710583360756625872)

According to the Israeli authorities, an aircraft with highly advanced ammunition deployed by the United States government has landed at Nevatim airbase in southern Israel. (https://www.aljazeera.com/news/liveblog/2023/10/10/israel-hamas-war-live-appeals-for-safe-corridor-gaza-toll-goes-past-700)

The President of France Immanuel Macron said on X:

“France stands in solidarity with Israel and the Israelis, committed to their security and their right to defend themselves.” (https://twitter.com/EmmanuelMacron/status/1710642794509787518)

The Chancelor of Germany Bundeskanzler Olaf Scholz said:

“Israel has every right to defend and to protect itself and its citizens.” (https://twitter.com/Bundeskanzler/status/1711452547561431248)

The US continues to supply munitions and other military aid to Israel amidst the latest developments. The President of the United of America, Joe Biden said:

“Over the coming days, the Department of Defense will work to ensure that Israel has what it needs to defend itself and protect civilians from indiscriminate violence and terrorism.” (https://www.aljazeera.com/news/2023/10/7/we-are-at-war-reactions-to-palestinian-hamas-surprise-attack-in-israel)

Social media influencers, the likes of Jordan Peterson with staggering followers also chooses to take a side in supporting Israel to create hell on earth for Palestinians, he wrote on X whilst tagging the prime minister of Israel:

“Give ‘em hell @netanyahu enough is enough” (https://twitter.com/jordanbpeterson/status/1710622315816337454?)

The president of the European Union, Ursula von der Leyen also reiterated the same message of support for Israel. She wrote on X “I unequivocally condemn the attack carried out by Hamas terrorists against Israel. It is terrorism in its most despicable form. Israel has the right to defend itself against such heinous attacks.” (https://twitter.com/vonderleyen/status/1710568998197178680)

Israel Minister of energy Israel Katz wrote on social media that no “electrical switch will be turned on, no water hydrant will be opened and no fuel truck will enter” (https://www.theguardian.com/world/2023/oct/12/no-power-water-or-fuel-to-gaza-until-hostages-freed-says-israeli-minister)

Facts disproves Israel’s self-defence propaganda  

Ironically, most of these leaders condemned Russia for cutting off power to Ukraine, labelling it a war crime, yet did not have the moral backbone to condemn Israel for cutting off water, food, electricity and fuel to innocent civilians in Gaza.

The dire and catastrophic results of the Israeli authorities shelling and killings of innocent Palestinians due to the support and endorsement from world leaders is very terrible and only worth to be called the right name it deserves ‘genocidal crimes.’

Political pundits and analyst lament that these leaders are blindly following Israel’s acts of terror on the so-called pretext of self-defensive, yet what is seen in these days is the frequent bombardment of Israel on Palestine.

According to the UNICEF spokeswoman Sara Al Hattab at least more than 700 children have been killed by the Israel shelling on Palestine.

“According to the latest reports by local health authorities and media, at least 2,215 Palestinians were reportedly killed, including over 700 children, and more than 8,714 people wounded, including more than 2,450 children,” (https://edition.cnn.com/middleeast/live-news/israel-news-hamas-war-10-14-23/h_8dea4914b4178c1507b3dabb55c51d33)

Yesterday Monday evening, the Palestinian authorities reported that at least more than 500 people were killed by Israel air raid on al-Ahali Arab Hospital in Gaza. (https://news.sky.com/story/israel-hamas-war-at-least-500-people-killed-in-hospital-bombing-in-gaza-palestinian-officials-claim-12986454)

The African Union Chairperson Moussa Faki Mahamat condemned the Monday attack of Israel on Palestinian hospital and further referred to the attack as act of “War crime”. He said:

“There are no words to fully express our condemnation of Israel’s bombing of a #Gaza hospital today, killing hundreds of people. Targeting a hospital, considered a safe haven under International Humanitarian Law, is a war crime. The International Community must act now”. (https://twitter.com/AUC_MoussaFaki/status/1714383757371670743?t=KN0BT1Eo3CwGefmA10r5Jw&s=19)

UN Special Rapporteur on human rights in the Palestinian Territory, Francesca Albanese, has warned that Israel is carrying out ethnic cleansing in the name of self-defence.

“Israel has already carried out mass ethnic cleansing of Palestinians under the fog of war. “Again, in the name of self-defence, Israel is seeking to justify what would amount to ethnic cleansing.” (https://www.independent.co.uk/news/world/middle-east/ethnic-cleansing-israel-gaza-palestine-un-b2430296.html)

Social media dissent

Recently, X has been flooded with a barrage of protest tweets from users who accuse Western leaders of showing blatant double standards in the conflict. They express their discontent over the unequal levels of support offered to Israel and Palestine.

Irish lawmaker Richard Boyd Barrett took to X expressing shock at the double standards of Western leaders. He said:

“Palestinians hostage in criminal siege of Gaza for 17 yrs. Since 1948 Palestinians victims of ethnic cleansing, murderous occupation & apartheid. They have every right to resist. Shocking double standards of western leaders supporting Ukraine resistance but condemning Palestinian.”

https://twitter.com/RBoydBarrett/status/1710999990519071012/photo/1

Many users on social media have voiced that diplomats and the media have expressed support to Ukraine for defending itself and condemned Russia for its invasion. However, many commentators argue that the same cannot be said with Israel’s annexation of Gaza and the West Bank.

Aaron Bastani, a British journalist, said:

“There’s clear double standard in endorsing terrorism against civilian targets by Ukraine (which one can obviously argue is justified – they face occupation) & condemning it by Palestinians. Those fighting our enemies = war of liberation Those fighting our allies = terrorism” (https://twitter.com/AaronBastani/status/1710602978124546312?)

Agnes Callamard, Amnesty’s secretary-general, told Al Jazeera

“Without making any comparison between Russia’s aggression and Israel […] it is clear the Palestinian people are under a regime of oppression. A regime of occupation and a regime of apartheid,”(www.aljazeera.com/news/2023/3/28/ukraine-war-excerbated-human-rights-double-standards-amnesty)

Calls for ceasefire and peace talks should be top priority

Nevertheless, other leaders also commented that peace talks should be the priority at the moment, rather than leaders of countries supporting aggression for one country.

Russian Deputy Foreign Minister Mikhail Bogdanov told TASS on 7 October while calling for ceasefire as the conflict spiral that:

“This is a relapse of a 75-year-old conflict. Moscow is in contact with all parties, including the Arab states. We call for an immediate ceasefire and peace,”

He added:

“We urge to immediately start a peace process on the basis of existing internationally recognized agreements. UN Security Council decisions have not been implemented, the work of the Middle East Quartet has been hampered, talks have not been held, and this is the result,” (https://new.thecradle.co/articles/russia-china-call-for-hamas-israel-ceasefire-peace-talks)

The government of China has also urged both parties to engage in peace talks. “We call on relevant parties to remain calm, exercise restraint and immediately end the hostilities to protect civilians and avoid further deterioration of the situation,” (ibid)

The recent press release of the Ahmadiyya Muslim Community is the compendium of everything in addressing both parties to hold a ceasefire for the safety of the civilian population. Its reads:

“The Ahmadiyya Muslim Community extends its deepest sympathies and prayers to all those who have been left bereaved or affected in any way. Our hearts go out to them all.

We pray and urge for an immediate end to hostilities and for peace to prevail so that no more lives are lost. For that, it is necessary that the channels of communication between relevant parties and nations remain open.

Until a ceasefire occurs, any military action taken must ensure that civilians do not come to any harm.” (www.pressahmadiyya.com/press-releases/2023/10/statement-of-the-ahmadiyya-muslim-community-on-recent-escalations-in-the-israeli-and-palestinian-conflict/)

His Holiness the worldwide head of the Ahmadiyya Muslim Community, Hazrat Mirza Masroor Ahmad V, for more than a decade, has urged Muslims to put aside their differences and unite, which is necessary for the protection and safety of Muslims around the world. In his Friday Sermon after the war broke out, he noted:

“[…] at least the Muslim nations should pay heed and erase their own disagreements in order to establish unity. If Muslims have been told in the Quran to improve relations with the People of the Book, then Muslims, who share the same kalima, why can they not place their problems aside and come together. This is the only way to rid the world of the disorder we see today. Then, as one, they must raise a voice against those who are oppressed.

“If there is unity, there will be power in the voice that is raised. Otherwise, these Muslim nations will be responsible for the loss of innocent lives. We should keep the teaching of the Holy Prophetsa in front of us, to aid both the oppressed and the oppressor (by stopping them from oppression).” (www.alhakam.org/palestine-israel-gaza-peace/)

Justice Delayed as Defendants in Trial on Child Deaths Linked to Contaminated Cough Syrup Fail to Appear in Court

By: The Fatu Network Editorial

A trial began on Tuesday (yesterday) concerning the tragic deaths of young children last year, attributed to a cough syrup produced by Maiden Pharmaceuticals, an India-based company.

Approximately 70 children, aged 5 and under, lost their lives in 2022 after ingesting the over-the-counter medication, sparking a nationwide outcry.

Justice Ebrima Jaiteh from the High Court in Banjul decided to adjourn the proceedings until November 7, citing the lack of diligence on the part of three state defendants who failed to appear.

In July, nineteen plaintiffs, representing the families of the deceased children, initiated a civil lawsuit. Salieu Taal, the President of The Gambia Bar Association, and one of the legal representatives, confirmed this.

The families are taking legal action against five entities—Maiden Pharmaceuticals, local distributor Atlantic Pharmaceuticals, the Medical Controls Agency (MCA), the Ministry of Health, and Attorney General Dawda A. Jallow. Their objective is to compel these entities to acknowledge that the children’s deaths resulted from the consumption of contaminated medicines.

Additionally, the families are seeking an admission that the MCA neglected its statutory duty to regulate the quality and safety of medicines. They are demanding compensation of 15 million Dalasis (approximately $230,000) per child in damages. Notably, none of the five defendants were present during the proceedings on Tuesday.

Despite requests from the health ministry, MCA, and the attorney general for a delay in the trial’s commencement, the judge dismissed the motion.

GAP Leader Advocates African Unity to Overcome Travel Barriers and Stereotypes

By: Dawda Baldeh

To address the myriad challenges faced by Africans in travel and combat stereotypes, Batchilly, the leader of the opposition Gambia Action Party (GAP), underscored the crucial need for unity among African nations.

Batchilly emphasized that the hurdles faced by African youth in international travel are more pronounced than ever. He highlighted the continent’s ongoing struggle to explore the world, broaden its horizons, and bridge the gap between Africa and the rest of the world.

“Why do Africans continue to encounter a constant stream of visa denials, numerous application rejections, and demanding prerequisites when seeking to venture abroad?” he questioned.

Reminding listeners of Africa’s unfortunate portrayal as a backward continent, Batchilly assigned blame to both African people and the Western world’s hypocrisy. He elaborated on how the legacy of exploitation and suffering endured by Africa at the hands of the West has left deep scars that the continent still grapples with today.

Batchilly expressed disappointment in the double standard of the West, which welcomes tourists from other regions eagerly while imposing greater challenges for African travelers. He also criticized African countries that deny visas to their fellow African nations, asserting that perpetuating border barriers akin to those imposed by slave traders is unnecessary.

Calling for solidarity and the dismantling of divisive chains, Batchilly stressed the urgent need for a united and prosperous Africa. “Addressing the issue of irregular immigration is vital, but we, as Africans, should also highlight the beauty and wonder that the continent has to offer to the West,” he added.

He pointed out that Africa is hindered by the perception that its nationals primarily seek clandestine entry into other countries. He passionately argued against denying travel opportunities, emphasizing the importance of keeping doors open for those who seek exploration.

Highlighting the significance of travel, Batchilly noted that families in The Gambia and other parts of Africa rely on remittances sent by their loved ones abroad for essential needs such as food and education. He warned that blocking access to these crucial remittances would lead to immense suffering for the people of The Gambia.

Additionally, the leader of the GAP drew inspiration from his father, Ousainou Yali, who dedicated his life to assisting those in need, supporting numerous families with school fees, food, and shelter.

Batchilly conveyed his simple and transformative vision for the future, reiterating his commitment to revolutionizing existing systems to make it easier for African youth to travel freely and without obstacles. He declared that the current state of affairs cannot continue, as the youth deserve better.

Vowing to prioritize the well-being of the youth of The Gambia and Africa as a whole, the opposition leader emphasized that he is not concerned about people’s opinions or attempts to tarnish his reputation, as long as the message advocating for travel opportunities and actions in support of the youth in The Gambia and Africa is effectively disseminated.

“I implore all Africans to unite and work towards creating a future where African youth can travel freely, explore the world, and come back with knowledge and experiences that would elevate the continent,” he urged. In doing so, he believed that the obstacles that have hindered progress for far too long can be overcome, thereby paving the way for a brighter tomorrow.

Ousainou Bojang and Sister Amie Bojang Plead Not Guilty in Murder Trial

By: Alieu Jallow

Ousainou Bojang, the primary defendant in the alleged police shooting at the Sukuta-Jabang traffic light on September 12th, 2023, resulting in the murder of two police constables—Police Constable Sang J Gomez and Constable Pateh Jallow—has entered a plea of not guilty.

He faces charges including murder of Police Constable Sang J Gomez (Count One), and maliciously shooting with intent to kill Police Constable Pateh Jallow (Count Two), both contrary to Section 187 of the criminal code. Additionally, he is charged with terrorism (Count Three), attempted murder of Police Constable Ancy Jawo (Count Four), and causing grievous bodily harm and unlawful shooting of Ancy Jawo (Count Five).

The accused pleaded not guilty on all five counts, prompting the court to proceed with a plea of not guilty.

The second accused, Amie Bojang, faces a charge of being an accessory to murder (Count Six), under Section 202 of the criminal code. It is alleged that she knew Ousainou had committed murder and assisted him in escaping the jurisdiction. She, too, pleaded not guilty.

Following the not guilty pleas, the state prosecution expressed its intention to proceed with its first witness, Ismaila Bojang—a resident of Yundum and a member of the Gambia Armed Forces attached to the finance department at the training school.

Ismaila recounted the events of September 12th around 9 pm when, after training for their international mission in Turkey, he and his comrades were at Sukuta-Jabang Traffic Light to buy grilled chicken known as “Afra.” He detailed that they heard shots after one of his colleagues returned with the Afra, initially thinking it was a negligent discharge. Upon investigation, they found one officer on the ground with a rifle.

“The second officer attempted to disarm the shooter and was shot in the chest,” Ismaila told the court. They pursued the shooter, who fired another round to deter them. Due to poor visibility and darkness, they had to end their pursuit. Ismaila described the shooter as taller, with bowlegs, wearing a yellowish shirt and three-quarter trousers.

The counsel for the first accused, Counsel Darboe, objected to the witness’s testimony, stating it lacked evidence and was based on opinion. The state prosecution countered, emphasizing that the witness, being a member of the security forces on the ground, had a considerable distance.

The case is adjourned to October 30th, 2023.

Three Senior Health Officials Face 13 Charges, Including Corruption, Theft, and Forgery

By: Jawo

Three senior health officials, including Muhammadou Lamin Jaiteh, the permanent secretary at the Ministry of Health, Balla Kandeh, the program manager of the Malaria Control Programme, and Omar Malleh Ceesay, the executive director of Health Promotion and Development Organization (HePDO), were brought to the High Court in Banjul yesterday. The charges they face include corruption, theft, forgery, and others, totaling over 13 counts.

During their first court appearance on Monday, the trio pleaded not guilty to the charges read by Justice Jaiteh.

State Counsel E.N. Dounga, with M. Faye and S.L. Jobarteh, represented the State, while Lawyer Lamin L.S. Camara appeared for both accused persons.

Count One involves official corruption, as per Section 86 of the Criminal Code, Cap 10:01 Vol: 111 Revised Laws of The Gambia, 2009. It alleges that between 2018 and 2020, the accused officials corruptly obtained D4,287,645.26 in connection with the management and implementation of malaria research consultancies.

Count Two cites Disobedience of Statutory duty, according to Section 115 of the Criminal Code. The accusation is that the officials willfully disobeyed the Gambia Public Procurement Act 2014 by signing a memorandum of understanding without an open tender process.

Count Three charges conspiracy to commit felony under Section 368 of the Criminal Code. It alleges a conspiracy to steal D11,480,023.00 from a grant to the Gambian government from the Global Fund.

During the plea, Defense Counsel Camara pointed out duplicate counts, and State Counsel Donga acknowledged the need for amendment. The court granted an adjournment for the amendment.

The presiding Judge, Justice Jaiteh, granted bail on the grounds that the offenses are bailable and do not attract severe punishment. The accused were granted bail in the sum of D19,000,000.00 each, with specific conditions, including providing Gambian sureties, surrendering travel documents, and attending court sittings.

The case is adjourned to 30th October 2023 at 10:00 a.m. for the continuation of plea taking.

Former BsAC CEO admits to signing blank cheques

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By: Muhammed Lamin Drammeh

Ousman Touray, the suspended Chief Executive Officer of the Basse Area Council, who is facing accusations of multiple financial malpractices along with Lamin Suso, the Finance Director, has admitted to signing blank cheques that were then misused by Suso for unauthorized withdrawals, including one for D400,000.

During the ongoing Commission of Local Government Inquiry, Touray confessed to being involved in multiple questionable financial transactions along with his former Finance Director, as confirmed by the auditors.

In his statement to the commission, Touray revealed that he used to sign blank cheques, which his colleague Lamin Suso would then fill with any amount and make withdrawals.

During the testimony, Mr. Touray mentioned an incident where the former Director of Finance, Lamin Suso, requested a loan of GMD 400,000 (four hundred thousand dalasi) from the council. However, according to him, he refused the request.

Touray explained while he travelled to the United States for a UN Conference, Suso went to Vista Bank and made an unauthorized withdrawal. Mr. Touray said he informed the Chairman, the Permanent Secretary of the Ministry, and others about this incident.

He explained that there was a Zoom Meeting held regarding the withdrawal, and it was where the Director of Finance informed them that he had the cheque for the past seven (7) months and did not cash out the money. He said the withdrawal was done on 23rd March 2023, some months after the System Audit.

Commissioner Joiner then told Touray that signing a blank cheque is like signing your death warrant, and Touray answered in the affirmative.

“Is that prudent? After all these years of service,” Commissioner Joiner asked. “No,” Ousman Touray replied.

“You left 9 signed blank cheques with the Director of Finance,” Commissioner Joiner asked. “Yes,” Ousman Touray replied.

“How influential was Lamin Suso on you?” Commissioner Joiner asked.

“I don’t have answers to this. Most of the time when he brings cheques to me and I sign it, it is only later that I realize that what I did is a risk,” he told the commission.

Ousman further denied Lamin Suso’s testimony that he used to pre-finance council activities.

In a blunt revelation, Touray said that the Basse Area Council’s account went ‘red’ when Lamin Suso was appointed the Director of Finance. He revealed that Suso could not even produce a financial statement for the council.

Both Touray and Suso are currently under suspension by the Basse Area Council pending an investigation into their multiple allegations of financial malpractice.

Sports Minister, Others Optimistic About The Gambia’s Survival in AFCON’s ‘Group of Death’

By: Zackline Colley

The Africa Cup of Nations (AFCON) draw that took place in Abidjan, Ivory Coast on October 12 has pitted Coach Tom Saintfiet and his team against title holders Senegal in Group C, which also features Cameroon and Guinea.

All four teams advanced from the group stage in the AFCON 2021, with The Gambia making it to the quarterfinals before being eliminated by hosts Cameroon.

The Gambia’s debut at the tournament was remarkable with some notable performances, including a win over Tunisia to qualify from the group. They eliminated Guinea in the first knockout round and will now face them again in next year’s AFCON.

Despite being in a tough group, The Gambia’s Youth and Sports Minister, Bakary Y Badjie, remains optimistic about their journey in the tournament.

“We are hopeful. The fact is we know we have a good team and determined players who are always hungry to win. Let’s hope that they replicate the dedication and steadfastness they showed in the 2021 AFCON and their previous matches,” Badjie said.

The minister applauded the coach and his entire team as he told The Fatu Network that he believes the coach has the ‘technique’ to win against powerhouses in football.

“I know and believe that the coach has the technique to win against any team. We have seen him win matches against powerhouses. But the most important thing as we head to our second appearance is to get out of the group stage and make it out of the knockout stages and we will be able to get there,” he added.

Mr Badjie stressed the significance of thoroughly preparing for the upcoming tournament scheduled in early 2024. He reiterated the government’s dedication to backing the national team and providing the essential resources to guarantee a successful campaign.

“We are planning and strategizing about the finances and other logistics involved. The public will be informed once everything is set. But the government is ready to support the team to get to where we all want,” he told TFN.

Coach Tom Saintfiet is always under immense pressure from fans who criticize his approach to matches. While many would like to see him play more attacking football, the Belgium tactician’s style has proven effective for the team.

According to award-winning sports journalist Lamin Del Fadera, the Scorpions may not have a chance on paper, but on the pitch, they could sting their opponents and defy all odds, depending on Saintfiets’ match strategies.

“A lot of people might not like Tom’s approach. They will prefer he plays attacking football, but I believe the best way to attack is to defend.”

Mr. Fadera noted that he has been a critic of Tom’s style of play, but he remains content as long as the results are satisfying.

“I have been a number one critic of Saintfiet’s playing style, but he satisfies and what matters in football is results. We can play good attacking football, and still not produce good results and when that happens, fingers will be pointed at the head coach as well,” Fadera said.

Lamin Fadera is confident that despite being underdogs in group C, The Gambia has what it takes to be the surprise package of the competition. With their ability to deliver within 90 minutes, Fadera believes that The Gambia can make a strong impression.

Bakary Jammeh, the first vice president of the Gambia Football Federation (GFF), expressed his optimism about The Gambia’s chances in the competition. He cited the team’s recent performances and the dedication of both the players and coaching staff as reasons for his confidence.

“It is an exciting group but certainly a tough one. I see it as great progress for The Gambia and the Scorpions as they are about to go shoulder to shoulder with Africa’s top powerhouses in their second appearance,” he said.

The GFF vice president expressed the federation’s commitment to developing youth and strengthening the national team in preparation for AFCON 2023 and beyond.

“The federation aims to make the most of this historic opportunity, leveraging it to create a legacy for Gambian football that will stand the test of time.”

The Gambia’s national football team faces tough competition in the upcoming AFCON tournament. They will play against group-stage opponents Senegal, Cameroon, and Guinea, who are ranked much higher than them. However, the most exciting match will be against their rivals and AFCON holders, Senegal, who have star players such as reigning African Footballer of the Year Sadio Mane and Edouard Mendy.

Another match to watch out for is against Guinea, who will seek revenge after The Gambia beat them 1-0 in the knockout stage of the 2021 AFCON.

The entire nation is celebrating the team’s qualification for the tournament, and there is growing anticipation for AFCON 2023. The team’s success has not only made history for Gambian football but also brought a sense of national pride and unity beyond the field. The whole country will be rooting for the Scorpions as they embark on their AFCON journey with hopes of making new history.

Humanitarian Catastrophe Unfolding in Gaza!

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By: Musa Bassadi Jawara

OPINION

There’s no electricity in Gaza; hospitals can’t operate generators because there’s no fuel. Israel imposed a total blockade of fuel imports into Gaza. According to wire reports, over 1900 children have died in Gaza due to the punishing aerial bombardment of the IDF. The humanitarian situation on the ground in Gaza is dire and catastrophic! It’s abhorrent and out-and-out barbaric the scenes of children’s corpses laid on hospital floors with names written on their legs for identification. This is outright mendacity!

United Nations General Assembly must convene an emergency peace summit without delay and call on Israel to cease military operations in Gaza. The Security Council should be bypassed and let the entire world act on this issue. President Biden went to Tel Aviv and hugged Netanyahu in a show of solidarity for the massacre of thousands of Palestinian children and vulnerable populations in cold blood.

Palestinian people are betrayed by the silent global population. Dr. Martin Luther King, Jr. reminded America that this nation will rise up and live out the true meaning of its creed: “We hold these truths to be self-evident, that all men are created equal.”

We must restate categorically and unequivocally that it’s the Palestinian children’s birthright and inalienable right to live in their lands without occupation and free from barbaric IDF’s aerial bombardments!

I’m absolutely livid and outraged by the totality of
Israel’s punishing bombardment of Gaza and concomitant destruction of human and material infrastructure. This is genocide and mimics the Holocaust in World War II.

Allah (SWAT) come to the aid of the Palestinian people. Amen ?.

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