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Barrow extends olive branch as he meets ‘Manding Warriors’

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His Excellency President Adama Barrow has extended an olive branch, saying he’s forgiven all who ever offended him while at the same time called on the entire country to redirect their energy towards peace, social harmony and development of the country.

President Barrow was speaking on Saturday October 29th when a large reconciliatory crowd of Gambians from all works of life led by the ‘Manding Warriors’ paid a courtesy call on him at Statehouse.

In a cheerful and inspiring speech President Barrow said the interest to develop the country supersedes all other interests which makes it all the more important for Gambians to remain focused and united behind the banner of Gambianism.

“The zeal and commitment to move The Gambia forward has never been more an important priority today than ever before….so it is critical that we all rally behind the flag of the country with unison and sense of purpose,” Mr. Barrow said.

The President added that unity is the mother of all indicators to assure the peace, progress, tranquility and prosperity of any nation. He therefore called on all Gambians regardless of their political affiliation to embrace the spirit of One-Gambia; One-People to reflect the national character of The Gambia.

President Barrow while acknowledging that modern day democracy is accompanied by intense divergence, that in itself he said, should be used to strengthen our democracy and not to disintegrate and dismantle our traditional values of respect for one another.

President Barrow thanked the ‘Manding Warriors’ for their foresight and vision to unite their membership around the national development agenda.

To this end the President gave strong assurance to support the ‘Manding Warriors’ to fulfill the group’s desired objective of supporting its membership to engage in business to bring the price of basic commodities to an acceptable level. “This initiative is also part of national development and I profoundly thank the ‘Manding Warriors’ for their bold step to support indigenous businesses in the country.”

The leadership of the ‘Manding Warriors’ comprised of some former arch critics of the President and his government. Among the leadership are well known US based political critics Bakary Trawally and King Sports who were prominent members of the banned 3 Years Jotna Movement, which in 2019 staged protests in The Gambia urging President Barrow to resign.

Both Bakary Trawally and King Sports joined Saturday’s meeting via the phone to thank the President for hosting the executive and general membership of the ‘Manding Warriors’ to Statehoue. Both men also personally apologised to the President for their past utterances directed at him and his government.

Messers Trawally and King Sports assured the President that their mission is to unite the Manding speaking people of The Gambia to unite and rally behind the development agenda of the county. Both men clarified that their agenda has nothing to do with politics and the group also is apolitical. They finally called on all Gambians irrespective of political belonging to embrace peace, shun violence and to do away with anything that will shake the peace and stability of the country.

President Barrow whiling thanking Trawally and King Sports, said he has forgiven all his adversaries and challenged all Gambians no matter where they are to work towards strengthening the peace and stability of the country.

He said his government is open to meeting and discussing with all groups in the interest of the development of The Gambia. “Let us dialogue to resolve any difference that may exist among us. That is the only surest way to assure our collective progress and development” President Barrow concluded.

‘He turned our honourable office into a brothel’, UDP’s Yanks accuses BAC chairman of sexual abuse

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By: Muhammed Lamin Drammeh

The Deputy Administrative Secretary for Media and Communication of the opposition United Democratic Party (UDP), Yankuba Darboe, has blasted the Chairman of the Brikama Area Council (BAC) Sherrifo Sonko for his incompetence in leading the region’s Area Council, saying the chairman has turned the office into a brothel and allowed corruption to blossom.

Darboe, whose party endorsed Sherrifo Sonko to contest and won the seat in the last local government election but later fell apart, said Sherrifo Sonko is inept and accused his former party mate of turning the office into a brothel where he sexually abused women.

“… Sheriffo Sonko has proven to all that competency and integrity matter in public office. For he’s bereft of those traits, and the consequences have been terrible for West Coast. He turned our honourable office into a brothel, where he preyed on vulnerable women and sexually abused them. I think we have heard his sex audios,” Yanks said.

The lawyer-cum-politician, who affirmed his readiness to vie for the top office in Brikama Area Council under the UDP ticket yesterday, told The Fatu Network that Chairman Sheriffo Sonko has abused his office for far too long and allowed corruption to flourish.
He pointed out that his former ally in the United Democratic Party is unfit for the position, adding that chairman Sonko betrayed the trust conferred on him by those that voted him in.

“He had abused that office for far too long and allowed corruption to thrive. Thus, he is not fit to be in that office for another 5 years and should have the decency not to even contemplate it. He has betrayed the trust and confidence of the people of West Coast,” he stressed.

Sheriffo Sonko, who is now believed to have cross carpeted from UDP to National People’s Party (NPP), is yet to publicly announce if he will seek re-election or leave the office at the end of his term.

The West Coast Region Brikama Area Council Chairmanship election has been predicted by many commentators to be a well-contested battle.

Yankuba Darboe of UDP, Jammeh EK Bojang of UDP and Ahmad Gitteh of NPP are among the people who have publicly announced their aspirations for the seat.

Court gives state ultimatum to file bill of indictment against Lamarana’s alleged killer

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By: Ousman Saidykhan

Justice Sidi K Jobarteh of the Banjul high court has given an order to the state on Tuesday, November 1, 2022, to file their indictment against one Kumba Sinyan, the alleged murderer of Lamarana Jallow, 25, following an adjournment application filed by the state which was objected to by the defence.

Delivering her ruling on what became the second adjournment since the case was transferred from the Kanifing Magistrates court on the 19th of September 2022 for want of jurisdiction, the High Court judge ordered the state to “file an indictment on or before the next adjourn date” which is the 16th of November 2022 at 11:30 a.m. Justice Jobarteh did not say exactly what will happen if the state fails to file an indictment on the 16th.

The prosecution counsel, L Jarju had informed the court that they had received the case file from the police less than 30 minutes before the beginning of the proceedings but assured they would do the needful on the next adjourned date.

The defence counsel, Sagar Jahateh opposed the adjournment application over what she believed was disregarding the fundamental human rights of her client. She submitted that the state had ample time to indict the accused.

“The court should give an order for the state to file an indictment or else the accused be discharged until they are ready to proceed with the case,” defence counsel said.

The accused, Kumba Sinyan is charged with murder. She is alleged to have killed one Momodou  Lamarana Jallow, 25, by cutting open his stomach with a razor blade at the Friendship Hotel in Bakau on the 14th of September 2022. Kumba was allegedly in a relationship with Lamarana. The deceased, according to reports, was supposed to fly to Indonesia for studies a day after his murder.

‘We realised 95% of the kids that died are from flooded areas’, MCA suggests not all AKI deaths were caused by medicines 

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By: Ousman Saidykhan

A regulatory officer at the Medicines Control Agency has told reporters that some of the seventy deaths recorded as a result of Acute Kidney Injury (AKI) were found not to have been caused by the medicines (contaminated cold and cough syrups from India).

“Out of the seventy (70) kids that died, some of the kids died without taking any medication. And out of those 70 kids, some kids took medications we have tested, and the medications are not affected; they are safe to be used. But the kids only took those medications and died,” Tijan Jallow, told journalists at a press briefing on Monday, 31 October 2022.

The regulatory office said an investigation is being launched to ascertain the exact causes of what was regarded by some Gambians as a national tragedy and has not concluded whether it was medicines or microorganisms.

“Because we were in the rainy seasons, and we know for the past 15 to 20 years Gambia experience the highest rainfall in this season. We realised 95% of the kids that died are from flooded areas. So, some urine blood samples were collected from a kid that was showing the same signs and symptoms.

“So, after analysing those samples. 90 – 95% of those samples show the presence of 6 different bacteria species and three different virus species. We also collected three samples from kids that are having the AKI. When we analyse their stool samples, all of them have bacteria in their stool,” Tijan Jallow said at the press briefing.

He said he is part of a task force that is assessing the causes of the deaths by establishing the medication each child took.

“And as I made it clear, a good number of kids died without taking medications.”

Re: Examining a potential class-action civil case arising after toxic cough syrups were given to children in The Gambia

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__________

OPINION

__________

A. Introduction

  1. On 05 October 2022, the World Health Organization (‘WHO’) issued a medical product alert which referred to four cough syrups found in The Gambia which failed to meet “either their quality standards or specifications” (‘the Cough Syrups’). The alert further explained that samples of the Cough Syrups had been analysed and that they contained “unacceptable amounts of diethylene glycol and ethylene glycol as contaminants.” The alert continued by emphasising the severity of the risks associated with consumption of the Cough Syrups:

Diethylene glycol and ethylene glycol are toxic to humans when consumed and can prove fatal.

Toxic effects can include abdominal pain, vomiting, diarrhoea, inability to pass urine, headache, altered mental state, and acute kidney injury which may lead to death.” [Original emphasis]

  1. Unfortunately, before it was known that the Cough Syrups were toxic, they had already been consumed by various children across The Gambia (‘the Incident’). The news outlet, Al Jazeera, reported that by 01 August 2022, 28 children had died after taking one of the Cough Syrups. The death toll has more than doubled since then and on 08 October 2022, it was announced that 69 children had died after taking one of the Cough Syrups. However, unfortunately, it is expected that the death toll will continue to increase.
  2. The BBC has reported that the police in The Gambia have commenced an investigation. While criminal liability may arise as a consequence of the Incident, criminal liability will not be explored within this opinion.
  3. Instead, this opinion seeks to consider the merits of a potential class-action civil case which could be brought on behalf of (a) the deceased; and (b) their families and (c) those that have consumed one of the Cough Syrups and endured pain, suffering or loss of amenity in consequence (but did not suffer fatal consequences).
  4. Many people are understandably upset and confused as to how toxic medications might have been able to find their way to consumers in The Gambia. Consequently, criticisms have been lodged in various directions. In conducting initial research (including reviewing posts on social media platforms), the author has seen criticisms being aimed at the (a) producer of the Cough Syrups; and (b) the importer of the Cough Syrups; and (c) the Government of The Gambia; and (d) the WHO. For the purposes of this opinion, each of them will be treated as a potential Defendant. This opinion will now go on to explore the merits of a potential case against each of them (under the laws of The Gambia), in turn.

 

  1. The merits of a case against the Producer, Pharmacy, or Importer
  2. The Producer of the Cough Syrups has been identified as Maiden Pharmaceuticals Ltd. (‘the Producer’) which is a company based in New Delhi, India.
  3. Various news outlets including the likes of Al Jazeera and Reuters have reported that the importer of the Cough Syrups is a US-based company named Atlantic Pharmaceuticals Inc. However, the author understands from a reliable source that the importer of the Cough Syrups was in fact a company based in The Gambia with the same name, namely, Atlantic Pharmaceuticals Ltd (‘the Importer’).
  4. Furthermore, a press release from the State House in The Gambia dated 08 October 2022 stated the following:

“President Barrow has authorised the Medicine Control Agency, through the Ministry of Health, to suspend the license of the suspected pharmacy and importer”

  1. It is not entirely clear at this stage whether the pharmacy and the Importer referred to above are the same entity or if they are two different entities. However, this is immaterial to my ultimate opinion and so this is not explored any further.

The Law

  1. 6 of The Gambia Consumer Protection Act 2014 (‘CPA 2014’) provides consumers in The Gambia with the right to safe, good quality goods which are suitable for the purposes for which they are generally intended.
  2. Under s.29(2) of the CPA 2014, various parties are held jointly liable for injury or loss caused by goods supplied to consumers. This states the following:

“(2) Producers, importers, dealers, suppliers, providers and all persons involved in the distribution chain shall be jointly liable under civil law, for indemnities deriving from injury or loss caused by the goods supplied or services rendered so long as the person who suffered the damage makes the request in a reasonable time after damage occurs.” [Emphasis added]

  1. Defences may be available to relevant parties in specified circumstances. S. 32 of the CPA 2014 sets out these circumstances as follows:

“32. Defences

(1) A supplier may have a defense against liability under the Act if it can be proved that-

(a) The action complained against was-

(i) a mistake;

(ii) due to reliance on information from another source

(iii) the act or default of another person

(iv) accidental; or

(v) caused by some other cause beyond control” [sic]

 

Analysis

  1. 32(1)(a)(ii) appears to contain a typo. It is my view that this was likely intended to state ‘due to reliance on information from another source. If this is correct, one might expect that in any civil action brought against the pharmacy or the Importer, they may seek to argue that they relied upon information from the Producer as to the contents of the Cough Syrups.
  2. If the pharmacy or the Importer sought to deploy this argument, they would be likely to suggest that it was reasonable for them to believe that the Producer had provided them with medications which complied with quality standards and/or the specifications outlined on the box of the medications themselves. The argument would follow that it would be unreasonable to expect them to open each and every box of medication that is imported into The Gambia and test it before any dispensing takes place. If a court were to accept such arguments, any claims alleging negligence against the pharmacy, or the Importer would also be likely to fail for the same reasons.
  3. On the other hand, if the information came to light which suggested that the pharmacy or the Importer had reason to know (or ought to have known) about the condition of the Cough Syrups before they imported or sold them, then, of course, the above-mentioned defence would not be open to them. Furthermore, in those circumstances, a claim in negligence would likely be successful, even if a claim under the CPA 2014 was not.
  4. In my view, the argument that the pharmacy and/or the Importer relied upon information from another source carries merit and on balance, this defence would likely be accepted by a court in The Gambia. Thus, there is a real prospect that the pharmacy and the Importer would have a defence against any civil claim made against them in The Gambia.
  5. If the pharmacy and the Importer were able to rely upon the above-mentioned defence, this would leave the Producer of the Cough Syrups as the only party with potential liability under s.29 of the CPA 2014. The only defence which appears arguable from the perspective of the Producer is that their actions in producing a toxic product amounted to a “mistake”.
  6. The term “mistake” is not defined within the CPA 2014, but nonetheless, it is my view that it is unlikely that the Producer would be able to rely upon this defence. Regardless of what “mistake” means in the context of the CPA 2014, it is highly unlikely that the drafters of the CPA 2014 intended for this particular defence to apply in circumstances where there have been serious errors which could also constitute negligence. If that were the case, potential defendants could always argue (in most or all cases) that their actions constituted a mistake. In turn, the CPA 2014 would effectively become redundant as potential defendants could never be held accountable. That could not have been the intention of the drafters, and I would expect a court in The Gambia to agree with this view.
  7. Thus, it is my view that there is a strong case against the Producer of the Cough Syrups for breaching the CPA 2014. Furthermore, it could alternatively be argued that the Producer was negligent in producing the Cough Syrups in a manner which did not comply with its specification and I would also expect a case pleaded in this way to be successful.

 

C. The merits of a case against the government of The Gambia

  1. The Medicines Control Agency (‘the Agency’) is established by the Medicines and Related Product Act 2014 (‘MRPA 2014’). Amongst its other functions, the Agency is given the function of regulating “all matters relating to efficacy, quality and safety of medicines and related products”. Thus, the importation of medicines into The Gambia falls within their remit.
  2. Any civil action aimed in the government’s direction would inevitably need to be brought against a particular government department or government agency. Given the Agency’s functions relating to the importation of medicines into The Gambia, it is logical that any civil action aimed against the government of The Gambia would need to be directed specifically against the Agency. Thus, this section analyses a potential civil case against the Agency.
  3. Criticisms have been directed against the Agency questioning how they permitted the Cough Medicines to be imported into the country when they were unsafe for consumption. Firstly, questions have been raised as to whether the Agency’s rules and processes were sufficiently fit for purpose. Secondly, questions have been raised as to whether the relevant rules and processes in place were complied with.

The Law

Limitation on who can be granted import licenses or permits

  1. 36(3) of the MRPA 2014, states that the Agency “shall grant import licence or permit to only licensed pharmaceutical companies” [sic]. Thus, it is clear that under this Act, the agencies are limited in what companies they are able to grant import licenses or import permits to.
  2. Further, Reg. 20(2) of the Medicines and Related Products Regulations 2020 (‘MRPR 2020′) explains:

“(2) A person shall not import any medicine and related product into The Gambia unless he or she is issued with a permit by the Agency and shall submit –

  • a completed application form obtained from the Agency;
  • a copy of his or her identity document;
  • a certificate of professional registration for a practice where applicable;
  • a certificate of incorporation and an operational license where applicable; and
  • one original and one copy of the certificates of analysis for each batch to be imported or a Certificate of Pharmaceutical Product issued by the regulatory authority of the exporting country” [sic]
  1. Consequently, Reg. 20(2) of the MRPR 2020 implies that before granting permission to import medicine into the country, the Agency must be provided with the above-outlined documents by the relevant pharmaceutical company. Crucially, this includes “a certificate of analysis for each batch” of medicine being imported or a “Certificate of Pharmaceutical Product issued by the regulatory authority of the exporting country”.

Registration requirements

  1. 26(1) of the MRPA 2014 provides that “A person shall not […] import […] a medicine or related product unless the article has been registered by the Agency.” Accordingly, it is clear that the registration of medicines is an essential part of the importation process.
  2. However, the registration of medicine does not occur automatically. Under Reg. 43(1) of the MRPR 2020, “A person who intends to register a medicine or related product shall apply to the Agency”.
  3. 43(2) goes on to provide further detail about what is required when making an application to the Agency to register a medicine. This provides (inter alia) that an application shall include “data on the safety, efficacy and quality of the medicine or related product” and “samples of the medicine”.

Enforcement powers of the Agency

  1. Under Reg. 68 of the MRPR 2020, the Agency is afforded powers to seize or quarantine relevant medications in a wide-ranging set of circumstances. These circumstances include (inter alia) if the medication is “substandard and falsified”, “has expired” or “has been declared unfit for use or consumption”. Furthermore, under Reg. 69, the Agency is also afforded powers to take a “sample of a medicine […] for analysis.”
  2. These wide-ranging powers are discretionary, and the provisions do not use mandatory language. Instead, the Agency “may” exercise such powers but the Agency is not necessarily required to do so.

Restriction of liability

  1. 87(1) of the MRPR 2020 is headed “Restriction of Liability” and states the following:

“(1) The Agency, the Board, a Committee member or staff of the Agency shall not be liable for any loss or damage arising from any decision made or carried out in good faith in the exercise of powers or performance of functions under the Act and these Regulations.”

  1. At first glance, this passage seems to indicate that the Agency is essentially immune from civil proceedings. However, taking another glance at Reg. 87(2) brings an end to such thoughts. This states:

“(2) The Agency, the Board, a Committee member or staff of the Agency shall be liable for any loss or damage if the loss or damage is due to wilful misconduct, gross negligence or failure to comply with the Act and these Regulations.” [Emphasis added]

  1. Following a review of this provision, it is clear that the Agency could be a defendant in a potential civil claim in the circumstances emphasised above. These circumstances will now be explored in turn.

Analysis

“Wilful misconduct” or “gross negligence”

  1. If the Agency were aware (or ought to have been aware) that the Cough medicines were toxic (before they were given to consumers), then it could be suggested that an omission to exercise any of their enforcement powers constituted either “Wilful misconduct” or “gross negligence”.
  2. Proving wilful misconduct would need to show that the omission was intentional and so this is likely to be more difficult to prove. But, proving gross negligence in such circumstances is likely to be easier and achievable.
  3. Gross negligence is not defined in the relevant Act or Regulations. However, in the UK case of Wilson -v- Brett (1843) 11 M&W 113, it was suggested that there is no difference between negligence and gross negligence and that gross negligence is merely negligence “with the addition of a vituperative epithet”.
  4. In any event, even if ‘gross negligence’ is something greater than ‘negligence’, I do not consider that it would be likely to make any difference. If it transpired (a) that the Agency knew (or ought to have known) that the Cough Syrups were toxic before they were given to consumers; and (b) did not exercise any of their powers to prevent consumers from taking the Cough Syrups, then it is arguable that this was an irrational omission and constituted the most serious type of negligence.
  5. There is no information before me which suggests that the Agency were aware of any such information. However, investigations are ongoing and new information could come to light which suggested otherwise.

“Failure to comply with the Act and these Regulations”

  1. It would be arguable that the Agency had failed to act in accordance with the MRPA 2014 and the MRPR 2020 if it became apparent that the Agency had granted an import licence or import permit:
    1. to a person or company that is not a registered pharmaceutical company; and/or
    2. to a person or company who did not submit all of the documents outlined in Reg. 20(2) of the MRPR 2020.
  2. Consequently, in those circumstances, the Agency could potentially be liable for loss or damage in a civil action if that person or company then used their import licence to import a defective product.
  3. In the instant case, I am unaware whether or not the Importer is a registered pharmaceutical company and I do not have any knowledge of the documents that they submitted (or failed to submit) before being granted an import license. But, given the name of the Importer (Atlantic Pharmaceuticals), I would expect them to be a registered pharmaceutical company. Nonetheless, if it transpires that the Importer was not a registered pharmaceutical company or that they did not provide all of the necessary documents outlined in Reg. 20(2) of the MRPR 2020, then it could be argued that the Agency failed to comply with these regulations when issuing the Importer with a license. In those circumstances, a civil case could be advanced against the Agency.
  4. Furthermore, if the Agency registered the Cough Syrups without testing a sample of them first, then it is also arguable that this constitutes a failure to act in accordance with the MRPR 2020. In particular, Reg. 43 of the MRPR 2020 requires a sample of any medicine to be provided to the Agency before that medicine can be registered and imported into the country. Obtaining a sample of medicine would only be valuable if the intention was to test that sample. If not, the exercise of obtaining the sample would serve no purpose at all and the drafters of the MRPR 2020 would not have included it. In that context, if no testing of the Cough Syrups was carried out by the Agency, then there could be a strong argument that the Agency has failed to act in accordance with its obligations under the MRPR 2020. Consequently, this could also result in the Agency being liable for loss or damage in any civil action brought against them.
  5. I cannot definitively state whether or not any testing of samples was carried out by the Agency in relation to samples of the Cough Syrups. However, the available information suggests that this was not likely to have been done. A press release from the Office of the President dated 14 October 2022 provided an insight into why such testing may not have been carried out. The press release explained that there were “thousands of unregistered products in the country” due to the “lack of testing facilities in The Gambia and the exorbitant cost involved in outsourcing testing.” Additionally, the BBC has reported that the executive director of the Agency has explained that they “prioritise checks on anti-malarial drugs, antibiotics and painkillers, rather than cough syrup.”
  6. If a court agreed that there was a mandatory requirement imposed on the Agency to test samples of medications before registering those medications, then the explanations provided in the preceding paragraph would not provide any sort of defence for the Agency. The question for the court would not be focused on resources at all. Instead, the question would simply be: did the Agency fail to test samples of the Cough Syrups? If the answer to that question is yes, then in my view, there is a plausible case against the Agency which would be likely to succeed.

D. The merits of a case against the World Health Organisation

  1. According to the WHO’s website, the WHO Prequalification of Medicines Programme is a service provided by the WHO “to assess the quality, safety and efficacy of medicinal products”. Accordingly, questions have been raised about whether this programme has failed to fulfil its purpose and whether such a failure contributed to the Incident. The argument which follows these questions is that the WHO may have been negligent in its implementation of the programme, thus enabling the Cough Syrups to be given to consumers. If this could be proven, is there a viable civil claim against the WHO?

The Law

  1. The Constitution of the WHO suggests that the organisation is to enjoy immunities from legal proceedings. Article 67 (a) of the Constitution of the WHO provides:

“(a) The Organization shall enjoy in the territory of each Member such privileges and immunities as may be necessary for the fulfilment of its objective and for the exercise of its functions.

  1. Furthermore, Article 68 of the Constitution of the WHO explains how such immunities shall be defined:

“Such legal capacity, privileges and immunities shall be defined in a separate agreement to be prepared by the Organization in consultation with the Secretary-General of the United Nations and concluded between the Members.”

  1. The separate agreement referred to in the preceding paragraph later became the Convention on the Privileges and Immunities of Specialized Agencies. Under Art. III of this international convention, the specialised agencies (which include the WHO) shall “enjoy immunity from every legal process except in so far as in any particular case they have expressly waived their immunity”. The Gambia provided its notification of succession relating to this convention on 01 August 1966 and therefore, The Gambia is bound by its provisions.
  2. The question of whether the WHO can be sued for negligence has also been tested recently in the USA. In King et al -v- The World Health Organisation (S.D.N.Y 2021), a United States District Court dismissed a claim brought against the WHO alleging that the organisation was negligent in responding to the Covid-19 pandemic. The dismissal was justified on the grounds of the WHO’s immunity which is guaranteed in the above-mentioned legal instruments.

Analysis

  1. As a result of the WHO’s well-recognised immunity from legal processes, there would not be a viable claim against the WHO relating to the Incident unless the WHO voluntarily chose to waive its immunity. The WHO has never waived immunity in the past and there is nothing to suggest that they may change their approach in the future. Thus, any potential claims against the WHO can be swiftly ruled out without necessarily going into detail about what their precise failings may have been.

 

E. Conclusion

  1. Section B of this opinion has analysed the potential case against the relevant Producer, Pharmacy and the Importer of the Cough Syrups. I consider that a civil action brought against the Producer of the Cough Syrups would have strong prospects of success. However, even if a successful claim were brought against the Producer, a question arises around whether any subsequent judgment is likely to be enforceable or not. If not, then consideration may need to be given as to whether it would be possible and worthwhile to bring proceedings in India.
  2. Whether or not it is possible and desirable to bring a claim in India is beyond the scope of this opinion. This opinion is instead focussed on the application of the laws of The Gambia. Yet, the focus of this opinion should not be understood as implying that The Gambia is the most convenient or appropriate forum for any claims to be brought.
  3. Section C of this opinion has also analysed the circumstances in which a claim against the Agency is likely to be successful. Most prominently, it is my view that a claim against the Agency would be likely to succeed if it transpires that the Agency failed to test samples of the Cough Syrups before they were registered and imported into The Gambia. A press release from the Office of the President as well as reported comments from the Agency’s executive director implies that the Agency did not test samples of the Cough Syrups. If I am right about this, then there are likely to be strong prospects of success in any claim brought against the Agency.
  4. There is not sufficient information currently before me to suggest that a case against any other parties would be likely to succeed under the laws of The Gambia. However, investigations are ongoing and new information is still coming to light. It is in that context that throughout this opinion, I have indicated the kinds of information which could come to light in the future, which may indicate that there is also a plausible case against another party.
  5. Inevitably, this opinion has not been able to cover every scenario that could arise in the future, and therefore, the contents of this opinion may need to be revised as new information comes to light.
  6. If you have any questions about this opinion or are interested in instructing me on any legal matters, please do not hesitate to contact the civil clerks at my Chambers. They can be contacted at: [email protected]

 

MASS NDOW-NJIE

Barrister, 7BR Chambers

London, United Kingdom

31 October 2022

Human rights activists say coups signal poor governance by incumbents

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By: Modou Touray

Human rights activists drawn from the length and breadth of the African continent, while brainstorming on the factors triggering military overthrows of democratically elected governments, admitted that coups are not a solution to citizens’ grievances, but it is a signal of poor governance by an incumbent government.

Activists who delivered their statements highlighting their country’s scenarios called on the Economic Community of West African States (ECOWAS) and the African Union (AU) to institute more robust measures to ensure that African leaders adhere to term limits and rule within democratic frameworks to avoid unconstitutional takeovers.

Reflecting on the military regime in Mali, rights activists revealed that despite the unconstitutionality of the regime, most of the citizens seem to be comfortable with the military regime and don’t prefer civil government.

The Director of Policy and Engagement, Open Society Africa, George Kegoro, spoke at length on factors leading to military coups in Africa. He further asserted that people’s anger towards a poor system of governance often leads to coups but said it is not the best option.

“People need human security, which discusses to make life bearable, such as security for hunger, physicality, and social protection. If these lacks, that leads to a response which brings about coups,” he said.

The executive director of the African Center for Human rights studies Mrs Hana Forster pointed out that an unconstitutional overthrow by the military cannot be the appropriate remedy, but it indicates a justifiable problem in incumbent governments in Africa.

Mrs Forster also dilated on curbing protests in Africa while calling on governments to ensure that citizens have the right to protest.

“We have to have a way of dealing with protest and conflict in general in Africa. There are so many triggers of conflicts around us but how do we together find a solution to it,” she said.

She added that it’s our collective responsibility to find tangible solutions to our challenges as a continent

Mrs Hannah Foster stated that the convergence is an opportunity to bring to the attention of the African Commission on Human and People’s Rights trending issues about instability and conflict in African Union member states through resolutions and recommendations.

Currently, there are military governments in Mali, Guinea Conakry, Burkina Faso, and Chad. The Republic of Mali experience double coups and Guinea Bissau as well experience an attempted coup.

The Economic Community of West Africa States (ECOWAS) and the African Union (AU) made numerous calls for the total abolition of military takeovers but couldn’t materialise due to poor governance across Africa, the violations of the rights of citizens and ignoring the presidential term limits.

Other activities from South Africa, Ghana, Kenya and other African countries spoke on democracy and good governance in Africa.

Poor toilet facility at Gambia College exposes students to health risks  

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By: Modou Touray

Students at the Gambia College – Brikama campus have expressed health concerns over the poor condition of their facility which they say expose them to a range of health risks.

Many dormitory residents, who requested anonymity, called on authorities and the public to help them fix the said sanitary problem.

“The condition of the toilets is deplorable. The college administration needs to replace the facility. We have nine rooms in this dormitory block and each room is sometimes up to three students. There are three toilets here and only one bathroom for more than 20 students,” a male student said.

Many students come from the provinces and only rely on the university for accommodation.

“I came from the province to stay here for the duration of my course. I have no relatives in Brikama to lodge in town, therefore I have no choice but to stay here,” another student told this reporter.

Fatou Njie, a student, noted that many students have passed through such conditions at the dormitory and the situation seems to be the same.

President of the general student council of the Gambia College – Brikama Campus, Fatou M Yaffa, confirmed that water supply at the dormitory is insufficient and appealed for support to fix that.

“For 40 years now, the dormitory hasn’t undergone any major refurbishment. Our student council normally intervenes to help to clear the filled toilets. Also, we help fix the bulbs when they fuse. We are looking for immediate assistance from the public. The mattresses are getting old too and they need to be replaced,” the student president appealed.

In his reaction, the principal of the Gambia College, Mr Abubacarr Jallow said:

“The management of the dormitory is in the hands of the students’ leadership. They are the ones collecting the rental fees. I wanted to close the dormitory because we have issues maintaining it but the students made an appeal and I decided to leave it. Only 200 students are staying there currently.”

The Gambia College is a public tertiary institution with campuses in Banjul and Brikama.

“I am 46, single and pregnant – This is my story” – Isha Sesay

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If you’d told the 16-year-old me that at 46, I’d be divorced, single and having a baby on my own — by choice! — I’d have shuddered and firmly said “no!”

Back then, I had very definite ideas about the future course my personal life would take, and it didn’t look like this. I imagined something way more straightforward and dare I say it, conventional.

I’ve been blessed to build the career of my dreams over decades as a journalist — 13 years on air for CNN International, travelling the world to cover global events and interviewing presidents, movie stars and world leaders.

I published a book, became a UN Goodwill Ambassador and started a nonprofit to help empower African girls, but in my quiet moments the one thing I wanted the most, to become a mother, remained out of reach.

A brief marriage to a kind man didn’t result in children, and then the year I turned 40, my mum had a catastrophic stroke, leaving me no emotional space to contemplate anything other than caring for her. Six years went by and a few months ago I found myself in a subpar relationship with a man who took about 12 hours to reply to all my texts, among other red flags.

It was then, in the aftermath of our inevitable breakup, that it hit me: Not having a child would be the greatest regret of my life. And with my biological clock ticking down, if I was waiting for the right man to come along before I did it, well, I might just find myself out of time.

So, I decided to take control of my life and settle on the bravest and scariest decision I have ever made: to have a baby on my own. I had many long conversations with myself and tried to get to grips with questions about what it would mean to not have the support of a partner, both emotionally and financially. How would I handle society’s questions?

What would being a single parent mean for my child? I still don’t have all the answers, but I decided to take the leap because I refuse to let fear, social conventions or judgment hold me back from seeking this joy.

The process hasn’t been easy. The endless array of meetings with various doctors has also required a battery of blood tests, pelvic exams, bruising injections, nausea-inducing medication and an unexpected fibroid surgery.

But perhaps most challenging of all has been the emotional dimension of this journey, especially surrounding my choice of a sperm donor. The decision asked of me to confront questions surrounding the importance of the race, ethnicity, religion and educational background of my child’s father.

Essentially, it forced me to re-examine my own upbringing, values and worldview. But harder still was the task of trying to tease clues from the questionnaires that would tell me whether a donor was a good man? Did he have a moral compass? Was he truly kind, empathetic, and open-minded?

Ultimately, I made a decision — entirely on my own — and I have no regrets.

My first IVF attempt was unsuccessful, and I cried for days afterwards, before I could find the strength to start the process all over again a few months later. But with each passing day, I grew more fearful and anxious about my chances of being able to successfully carry a child.

Those feelings only intensified when my doctor decided to halt my second attempt mid-cycle because my body was responding negatively to the medication. With two failed attempts to my name, I approached my third embryo transfer with relatively low expectations.

In the two weeks that followed the procedure, my mind raced uncontrollably and I battled the urge to take an early pregnancy test. The day before I was scheduled to return to the clinic, I finally caved in and bought a home test because I couldn’t bear a repeat of the hours-long wait before the clinic called with the results.

The next morning I got up long before the sun was up, anxiously headed to my bathroom and opened the box. The minutes ticked by and I cycled through a myriad of emotions. When the word “pregnant” flashed up on the tiny screen, I screamed and fell to my knees before bursting into tears.

Even though many weeks have gone by since then and my belly is growing larger by the day, whenever I say the words, “I am pregnant,” it is with no small measure of amazement. I am elated, emotional, terrified, but above all thankful.

My pregnancy journey is just beginning, but so far I can tell you that in addition to great joy, it has also brought unenviable amounts of nausea, fatigue, food aversions, sound sensitivity and an ongoing battle with my hormones.

In the weeks ahead, I plan to share more of my life-changing experience in the hope that if there is anyone out there being held back from chasing their heart’s desire — no matter what it is — maybe my story will spark something in them and provide the little nudge they need to go for it.

Credit: Myjoyonline.com

Ex-president Jammeh’s back to land initiative neglected by coalition, Barrow govts

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By: Modou Touray

Gambian youths who had responded to the call by ex-president Yahya Jammeh for citizens to go back to the land (revive farming) have expressed frustrations over the coalition government neglecting them following their takeover in 2017.

In an exclusive interview with The Fatu Network, their leader Alhagie Karamo Jammeh highlighted that their agricultural production output has drastically reduced due to a lack of support from the new government. Agricultural machinery as well as financial support which were provided by ex-president Jammeh are not available now and they have no choice but to depend on their little resources to sustain their agricultural initiative.

“After the former president left, we don’t get any help from anyone. We struggle and grow and after growing, we will contact markets and rent a car from Kombo and go around that’s why we were calling on the government to give us support because, with their help, we can continue with the effective and sustainable initiative of “growing what you eat, eat what you grow initiative,” Mr Jammeh said.

The champion farmers believe that the agricultural initiative of the ex-president Jammeh is a tangible proposal and should be well nurtured to enhance food security and self-employment

“Not everything about ex-president Jammeh is bad, he championed good things for the citizens. We cannot ignore everything associated with him. Engaging in agriculture to feed ourselves is for our benefit. After the fall of the Jammeh regime in 2017, most of the youths working with me decided to return to their various villages because they were hopeless,” he explained.

According to Alhagie Karamo Jammeh, his association started in 2019 with 7 youths with a view to engender the back-to-back initiative of ex-president Yahya Jammeh and also to use it as a self-employment venture.

“This agricultural activity started with 7 youths and presently we have a total of 37 youths working together and also collaborating with some experienced Gambian farmers. We visited many institutions of the government still they are not answering our call for help this year. We have already registered 58 villages in the Gambia to engage different youths to expand our initiative and ensure that the back-to-land initiative remains a reality,” Mr Jammeh stressed.

Mr Jammeh on behalf of the Champion Farmers appeals for support in agricultural input, and technical support to enable them to harvest high yields on their farms and meaningful links with other unemployed youths nationwide.

“Agriculture is the backbone of the economy and must be enhanced. All necessary supports needed must be put together to make food security and self-employment possible. We used to link with Yahya Jammeh but since the coalition government came to power, they don’t support us,” Mr Jammeh lamented.

The Champion Farmers still won’t relent in their move to promote the farming agenda of former president Jammeh, back to the land. Grow what you eat and eat what you grow.

‘I suggest deputy speaker Njie apologize to Gambians, victims of contaminated syrups’ — MC reacts to Njie’s deliberation on AKI deaths

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By: Muhammed Lamin Drammeh

The National Youth President of the opposition National Democratic Congress (GDC), MC Cham Jrn has responded to Deputy Speaker Seedy SK Njie’s claim that responsible Gambians should apologise to the Health Ministry, urging the deputy speaker to instead apologize to Gambians and the victims of the affected families.

On Wednesday, October 22 during the National Assembly’s extraordinary session on the Indian-made syrups that killed over 70 Gambian children, the deputy speaker commended the country’s health ministry, claiming that the deaths of those kids have been politicized and urged responsible citizens to apologize to the ministry.

Responding to the Deputy Speaker, the GDC youth leader exhorted Seedy Njie to apologize, remarking that government should take responsibility for the deaths of over 70 children as a result of the contaminated Indian-made syrups.

“Wonders shall never end. I suggest that Deputy Speaker Njie apologize to the Gambians and the victims of the contaminated syrups. The government should take responsibility and review the ministry that continued to fail Gambians during the pandemic under Dr Samateh and ensure dismissals, license revocations and replaced by competency and capability and not nepotism and favouritism,” he remarked.

MC Cham outlined the Parliament should be the protector of Gambians and not detractors, adding that if the Parliament served as detractors, then there is no hope for the victims.

He reiterated that Gambians have nothing to apologize for since the ministry didn’t tell everything in the preliminary investigation regarding the syrups into the country.

“What is there to apologize for in the preliminary investigation that did not tell us since July when the outbreak was known by them but covered up and allowed importation over three months with increased death to date known to be over 66?” he questioned.

The never-silent politician said he wants to remind Seedy Njie that the ministry of health’s staff is paid by Gambians and that the preliminary investigation was inadequate.

“I would like to remind Deputy Speaker Njie that, the Gambia government MoH are paid by the people to do a job, and we should not applaud fish for swimming in the water. This preliminary investigation is inadequate,” he remarked.

On Wednesday, the nation’s parliamentarians debated over the Acute Kidney Injury (AKI) deaths that have exceeded the previous number of 66 announced by the Health Ministry.

Retired teacher pleads for assistance to facilitate wife’s kidney transplant

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By: Dawda Baldeh

Omar Cham, a 62-year-old retired teacher with over four decades of teaching experience is pleading for urgent assistance to facilitate his wife’s kidney transplant, who is under dialysis at the Edward Francis Small Teaching Hospital (EFSTH) in Banjul. According to a medical report from the EFSTH, 41-year-old Amie Cham (Omar’s Wife) has chronic kidney disease which required an urgent transplant.

“Both kidneys decrease in size with increased echogenicity and poor corticomedullary differentiation,” a medical report from the EFSTH signed by Dr. Morikebba Danso, Registrar of the Nephrology Department revealed.

“My wife is currently under dialysis and the cost is very expensive. It is very heartbreaking to see her in this condition and that is why am urging people to help me,” he pleaded.

Mr. Cham further disclosed that his wife is a mother of seven children, and they are worried about her present condition.

“This is a very difficult moment for me and the family because we cannot afford to pay for her kidney transplant. I cried sometimes knowing that my wife is sick, and I don’t have the money to pay for her medicines. Before, she was suffering from high blood which we have been managing. I retired from teaching in 2020 and the little money I was given I used to build my house. As a retired teacher, I cannot meet the cost of her treatment. I have written to many agencies and individuals but still, no one has come to our aid,” the grieved husband expressed.

Mr. Cham further informed The Fatu Network that his first daughter is studying at the Management Department Institute (MDI), and he is hoping to be supporting him as he already retired.

“I have been relying on the small money I make and other support from family members, but we cannot meet the cost.”

The retired teacher is appealing to the government, NGOs, Philanthropists, and Companies to support his wife so that she can regain her health. Anyone who wishes to support the mother of seven children can reach out at +2207946213.

Sir Dawda’s legacy sold by Gambia government

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Opinion

By: Omar Malmo Sambou

The already fragmented and isolated Monkey Park is set to be a neighbour to a state-of-art embassy after its initial destruction of a part of the area for a conference centre.

The government of The Gambia could sell a different piece of land to the US government but not the great legacy of Sir. Dawda Kairaba Jawara (ITC). Environmental protection and conservation of ecologically sensitive and fragile wildlife ecologies in the country is not a priority for the government. The edge effect, fragmentation, and isolation effects on the park are already appalling let alone a massive construction in it or by it (as they wordplay). This act is not to be blamed on population growth but instead, on the desire for money and poor environmental governance.

From experience, the Gambia government is very economical with the truth. So was the embassy in their previous press statements on the matter. The government spokesperson after denying the allegations, today AG Chambers confirmed selling/allocating the ITC/Monkey Park to the US Embassy. Visibly, the Embassy’s desire for proximity to the ocean is no secret in this case. There are many places along the 81km coastline.

The decision to destroy, relocate and increase human activities within the remainder of the monkey park area is insensitive, shameful, and disgusting. The park and the ITC are one complex with a shared biodiversity and ecological niche of many species. The intended construction will further destroy the park just as they faked the building of the conference centre with propaganda that destroyed the best part of the park.

The eventual destruction of the monkey park is right here irrespective of their calculated and tailor-made press statement to conceal the truth. If a government normalized the death of 70 children due to their negligence and poor governance, who am I to think they will care for non-human beings? This is just the result of an excessive desire for “Benefits & profits”.

Beyond a utilitarian vision, see the intrinsic value of nature, the regulatory ecosystem services it provides, and the spiritual healing it offers to tourists and visitors. Sadly, humans claim dominion on earth but forget that like Scar in the Lion King, care for all life forms becomes a divine responsibility.

While pondering over what prompted such a decision, I wonder what will become of the newly built Food Safety laboratory on the ITC. What will become of the already endangered species in the park? Probably name the embassy after Jawara to cover shame as they did with the conference centre. Species abundance and richness have dwindled over time except for the primate population (observatory thoughts) and this act will lead to the ultimate destruction of the park.

The normalization of the government’s acts of destruction of state-protected lands and the selling of such sensitive areas is utter disrespect to humanity and our common good (intra-and intergenerational equity).

Regional skills competition kick starts in Basse, URR

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The National Accreditation and Quality Assurance Authority (NAQAA), a technical arm of the Ministry of Higher Education, Research, Science and Technology (MoHERST) on accreditation and quality assurance matters on Wednesday, 26th October 2022 commenced the Regional Skills Competition in Basse, Upper River Region (URR), The Gambia.

The Regional Skills Competition is the Activity 7 Component of the UNESCO – KOICA Youth Empowerment through Technical and Vocational Education and Training (TVET) Project.

The competition is based on five skills areas, namely:

  1. Block laying
  2. Electrical Installation
  3. Floor and Wall Tiling
  4. Refrigeration and Air-Conditioning; and
  5. Tailoring

In his opening remarks, the Chief Executive Officer of NAQAA, Dr Gibril Jaw underscored the significance of the competition, saying it is in line with The Gambia government’s national development goal of improving the country’s skills-based resources. Dr Jaw further highlighted that possessing the right skills and attitude helps reduce poverty levels and makes the youth job creators and not job seekers. He also outlined that the regional skills competition will provide more visibility to skills education and training in The Gambia.

For her part, Ms Fatou Janneh, the Principal Tertiary and Higher Education Officer and the TVET Focal Person in the Directorate of Tertiary and Higher Education of MoHERST, reaffirmed the commitment of the government of the Gambia through the MoHERST to producing home-grown technicians that will take charge of the developmental imperatives of the country. She went on to state that the Ministry calls on all partners to invest towards the sustainability of the skills competition so that it becomes an annual event with the hope of further participating in World Skills Competitions.

Also, in attendance was Mr Mamanding Ceesay, the Deputy Governor of URR, who spoke on behalf of the Governor. Mr Ceesay highlighted that the youth are the future of this country, and as such, they should be supported and guided to actualise their full potential. The Deputy Governor recommended more social policies, projects and programmes, like the skills competitions, to raise the level of expertise of our young people. He informed the gathering that the Office of the Governor in URR commends MoHERST through NAQAA for bringing this skills competition to URR. He reiterated that this maiden event would give the young people of his region the platform to showcase their talents.

In her speech, the Regional Education Director of the Ministry of Basic and Secondary Education (MoBSE), Mrs Fatou Kinneh Sey, stated that the country needs engineers and technicians. Thus, she is optimistic that the regional skills competition will boost the morale of young people to venture into TVET careers.

After the opening ceremony, the first leg of the regional competition began for the 15 young people participating in Basse. Three competitors were represented from different TVET institutions and workshops for each of the five skill sets. Five winners emerged, one from each skill set. These are:

  1. Block laying – Malick Jawo of Insight Training Centre, 29 years old – Lives in Sinchu Baliya
  2. Electrical Installation – Abdoulie Njie, former GTTI, and Insight Training Centre Student, 22 years old – Lives in Wellingara
  3. Floor and Wall Tiling – Ebrima Fofana, GTTI, 26 years old – LRR Jara Sankule
  4. Refrigeration and Air-Conditioning – Mamadou Salieu Jallow of GTTI – 25 years old – Lives in Basse
  5. Tailoring – Fatou Nyassi – Bundung, studied at Sunrise Skill Centre, 27 years old

This round’s winners will participate in the national skills competition in mid-November 2022.

They will later be invited to attend the National Awards Ceremony, where they will be provided with Prizes.

The next stop is Mansakonko, the Lower River Region of the country, for the second leg of the skills competition on Saturday, 29 October 2022.

Oumou Bah: Bookworm and Community Servant

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Appreciation

By: Cherno Baba Jallow

Oumou Bah was the big sister in the neighborhood in Basse. She had taken a liking to some of us, a group of young boys who grew up together. We had a tight-knit brotherhood and a soccer team. We mostly stayed out of trouble, but regularly drifted into childhood frivolities. Oumou would encourage us to study, to do our homework, to be serious about school. She had a great affinity for novels. At the family home, Oumou could be seen lounging around, reading a book. Or resting one on her lap —- perhaps taking a break from a long spell of intent reading.

Oumou was the quintessential bookworm. Perhaps, books more than humans enlivened her daily life during her younger years. Her bookishness went hand in pocket with her reclusiveness. She liked to stay indoors, after work, and during the weekend, that is.. She knew how to hoard herself from public sight.

Don’t misunderstand. Oumou’s reclusiveness had no arrogance or hostility to it. She was friendly. When she (rarely) came out of her room or the family home, her presence, even if transient, conveyed an infectious pleasantness. When you were in her orbit, it was near impossible to balk at her aura of civility. She was hard to despise.

In 2018, Oumou contacted me via Messenger: “Hi lil bro, how are you?,’’ she wrote. “It has been a while.’’ I was surprised. I didn’t expect her remembering, let alone contacting, me. I hadn’t seen her in several years, perhaps going as far back as 1995 when I last visited Basse, a year prior to my relocating to America.

“We are happy that you can now visit home,’’ Oumou told me during our phone conversations. “The neighborhood is waiting for you.” For political reasons, I couldn’t go to The Gambia during the Jammeh days. I finally did in 2019. Oumou was there in the neighborhood when I arrived. Once in a while, we would meet and chat about life, about the neighborhood, about our late mothers who did childhood together.

Oumou died yesterday morning in Basse. She had gone to the neighborhood shop to buy some milk for breakfast and when she returned home, she told family members that she was experiencing some respiratory distress. A taxi was called, and she was rushed to the Basse Health Center. She died shortly after arrival. Oumou had been asthmatic most of her life. Recently, she sought treatment in the Greater Banjul Area, where she spent about two months convalescing after a number of asthmatic exacerbations.

She returned to Basse about two weeks ago, convinced that she had been on the mend. She was hoping to start, in earnest, a new chapter in her life, following her recent retirement from public service.

Oumou was born in 1965 in Basse, where she attended St Joseph’s Primary School. She also attended Armitage High School. She spent a career working for the Department of Community Development. She traversed large swathes of The Gambia’s Upper River Region on her official motorcycle, talking to farmers, market women and local leaders.

She leaves behind three sons, one of whom lives in Germany.

State vs Sainabou & Co: Prosecution’s adjournment application dismissed, defence to seek acquittal when…

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By: Ousman Saidykhan

Justice Jaiteh of the Banjul High court has rejected for lack of compelling reasons the adjournment application filed by the Prosecution on Thursday, 27th October 2022 to secure the presence of a Dakar-resident medical doctor, who, according to the Prosecution, would have been their final witness in the manslaughter trial involving Sainabou Mbaye and two others. Meanwhile, Defence has promised to file a motion of “no case to answer”, thereby seeking the acquittal of Sainabou and co without having to present a defence.

The medical doctor, who would have been the 8th Prosecution witness, is the one said to have conducted the autopsy on Baby Muhammed, a victim of the alleged manslaughter.

“I’m not persuaded and convinced by the submission of the Prosecution in seeking an adjournment. The reasons advanced are not compelling as the state had more than three months to use the machinery of the state via diplomatic channels to secure the attendance of the witness from Dakar, Senegal – cannot in my view, be justified to warrant counsel an adjournment.

“For this reason, I hereby resolve this issue in favour of the Defence that the Prosecution did not provide any compelling… and verifiable reasons to warrant this honourable court exercise its discretion to adjourn this matter,” Justice Jaiteh ruled.

The ruling of the judge followed the application and argument between the prosecution counsel A.M Yusuf and defence counsel C. Gaye regarding the adjournment application.
The prosecution counsel submitted that their witness is in Dakar and getting him to testify requires some bureaucracy, therefore, A.M Yusef urged the court to grant their application in the best interest of justice.

However, Defence counsel C. Gaye argued that the Prosecution’s reasons were not compelling as they did not detail the protocols the Prosecution took in securing the witness.

“We are vehemently opposed to any application for adjournment,” C. Gaye argued.

The rejection of the adjournment application meant the closure of the Prosecution’s case since the medical doctor was supposed to have been their last witness.

“Since the state is unable to secure a witness in court, the proper cause of action is to close the case of the Prosecution. The case of the Prosecution, I closed,” Justice Jaiteh said.

Meanwhile, the Defence has made known to the court that they would file a “no case to answer.” The Judge ordered that the service and all other protocols be done before the 17th of October 2022 when the case will resume for the adoption of the “No Case to Answer” submission.

New Cruise Ship Director of Operations Urges Gambian Youths to Desist from Absconding Onboard, Promises Better Management

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By: Dawda Baldeh

Two weeks after taking over as the new Director of Operations of Cruise Ship Crew, Gambia, Musa Drammeh, is taking a new dimension in managing the affairs of the ship by conducting regular sensitization with Gambian youths who are waiting for deployment to work as crew members by urging them to desist from absconding, saying it is a violation of contract agreement.

Drammeh, who worked as a crew member for nine years (9), told The Fatu Network that the American Embassy has been very supportive of the crew since they began operations in The Gambia.

“The cruise is an opportunity for young people to legally travel to America without difficulties. Getting an American visa is not easy, so I am urging the youths to desist from absconding,” Drammeh said.

He expressed the company’s gratitude to the American Embassy for their continuous support while assuring the embassy that they are doing all it takes to make sure those who absconded are traced.

“Absconding in America will never help anyone and is a violation of the laws and you can be banned from getting an American visa anywhere. I am urging the Gambian youths to make the best use of the cruise that is here to create employment opportunities.
We all know the country is facing employment challenges and the government cannot employ all. We need to work hard and change the narrative. Gambia is known for good, and we should preserve that beautiful reputation,” he emphasized.

Drammeh promised to embark on a nationwide sensitization campaign about the risk of absconding and the benefits of working on the cruise line. Speaking on a range of issues, Drammeh revealed that some people had challenges with their agency but noted that change is about to happen as he took over to restore the booming confidence. As part of complementing his task, he vowed to continue to engage the crew members so that their challenges can be addressed.

According to him, employees on the cruise ship are given five years American visa and are entitled to a vacation every six months (6) which they will come to the Gambia and return after the vacation.

He applauded the crew members who are working tirelessly to achieve their goals.

“This is an opportunity for young people to work and change their living conditions.
Our youths are hardworking, and we respect them for that… only a few are selfish and want to destroy the image of the country. As we speak, there are over twenty crew members in the country who are on vacation after working for six months on board,” he said, disclosing that all the guarantors of those crew members who absconded will be taken to court immediately with no hesitation.

Kitabu blames ‘semesters’ for contributing to halt of Saretii Bayelaa

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By: Muhammed Lamin Drammeh

Gambian comedian, actor and director, Kitabu Fatty has said that Gambian men and ‘semesters’ (rich Gambian men overseas) halted the completion of Saretii Bayelaa, a popular Mandinka drama series, by marrying most of the series’ main female characters.

The comedian-actor said this in response to calls on why the drama that hooked the attention of many people has not been airing lately.

“Most of our characters — the main characters — are married. So, in marriage, the husbands have more authority over their wives than us. So, we have to give them time to do their matrimonial duties. This is what is delaying the continuation of the drama,” he explained.

Kitabu declared that he does not want to keep repeating this (the reason why the drama is stalled), but he had to due to the frequent inquiries from followers of the drama series.

The comedian blamed Gambian men and ‘semesters’ for the delay, saying that they will do almost anything to get the girls.

“We will bring back Saretii Bayella but you people have to give us time. But the problem is that even in the movie we are working on, if they see cute girls, they will take their contacts, especially these ‘semesters’. They will be making calls and everything. So, if they succeed in getting them, they will in turn deny them from continuing the drama,” he said.

Kitabu, who stunned Gambians in the run-up to the 2021 presidential election by announcing his intention to seek the country’s top office, said Gambians should be patient about the Saretii Bayella drama series.

Aside from Gambian men and ‘semesters’ contributing to the delay in the completion of the drama series, Kitabu pointed out that sponsors have been a major hindrance as well. He stressed that Gambian companies do not invest in the industry, adding that they have been managing the little they have to do all that they did.

70 Lives Perished: Lawmakers Urge Parliamentary Health Committee To Take AKI Investigations Very Seriously  

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By: Dawda Baldeh

Seventy children have now been confirmed to have succumbed to acute kidney injury (AKI) linked to imported contaminated medicines from India. In exercising one of its key mandates of representation, National Assembly Members have urged their colleague lawmakers in the parliamentary select committee on health to take very seriously investigations into the demise of the kids and the importation and circulation of the said medicines.

While debating the national health emergency on Wednesday, assembly representative of Foni Bintang Constituency, Hon Bakary K Badjie, said the parliamentary health committee must do everything possible to ensure that their investigations are not compromised.

“The issue is very serious as we still mourn the death of the children. Parents are crying; the nation is mourning. The loss of the children is huge, and we are sympathizing with the parents.”

The lawmaker said the country has no mechanisms of bringing back the dead to life, adding that the issue is a public concern and must be treated seriously.

He reminded the assembly that they are representing the people and whatever they do should be in the interest of the people of The Gambia.

Badjie added that those who are found wanting for the importation of the contaminated medicines must be held accountable. He assured that they will do everything possible to stop the importation of such medicines to the country, noting that people cannot continue to consume contaminated medicines.

“My advice to the select committee on health is for them to remember that The Gambia is for all. Remember that the nation is looking up to you. Also remember that the faith of the country lies in your hands. If you betray us, you betray yourself and Allah will hold you to account on the Day of Judgment,” Hon Badjie told health committee members.

Hon Omar Jammeh, member of parliament for Janjangbureh, also expressed condolence to the families who lost their children to AKI. He further called for the immediate closured of pharmacies that have been selling the said medical products.

Hon Kebba K Barrow of Kombo South and Hon Assan Touray of Bakua constituency both described the deaths as shocking.

Hon Barrow warned that such unfortunate incidents will not stop if people are not held responsibility while Hon Assan Touray called on the select committee on heath to champion the investigation, find out and reveal how the medicines were imported into the country.

‘If they succeed in silencing Momodou Sabally, they will silence all of us’, UDP’s Kemo Bojang reacts

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By: Muhammed Lamin Drammeh

The National Youth Secretary General of the opposition United Democratic Party (UDP), Kemo Bojang has reacted to a writ of summons served to Momodou Sabally on behalf of Abubakary Jawara. Kemo claimed that the writ of summon is a national issue and if they succeed in silencing Sabally, then they can silence all of them. The UDP youth SG further alleged that the plaintiff Abubakary Jawara has abetted a system that is not fit for purpose.

On the 18th of October 2022, Momodou Sabally was issued a writ of summons, commanding him to be at the court on the 14th of November 2022 at 11 a.m. to answer a suit against him filed by Abubakary Jawara of the Kanifing Municipal Council. The plaintiff (Jawara) is claiming damages for defamation and slander and seeking compensation of 8 million dalasis from Momodou Sabally.

Reacting to this, Sabally’s co-party member and youth Secretary General, Kemo Bojang, said the move is non-partisan and claimed that everyone must take a stand to stop it.

“Gambia, if they succeed in silencing Momodou Sabally, they will silence all of us. This is not partisan but a national issue which affects all of us, and we must take a stand in stopping it,” he stressed.

According to the UDP youth leader, plaintiff Abubakary Jawara has a hand in the country’s current situation. He alleged that Jawara abetted a system that is not doing the country any good.

“I will advise Mr. Abubakary Jawara to look inward and understand that we are in this predicament as a country today because of him and many like him have aided and abetted a system that is not fit for purpose because of their selfish interest. Mr Jawara has openly admitted to forgery in an interview, he is the first Gambian who has imported guns into this country, he is the sole reason why the petroleum sector of this country is in shambles and many more,” Kemo Bojang claimed.

Bojang told The Fatu Network that stifling the rights of individuals to express themselves is a threat to democracy, noting that this country is heading in that direction.

In defence of Sabally, Bojang explained that they will not sit and watch things unfold unfairly, stressing that the common people will defend themselves.

“We will not sit by and watch the country become an Animal Farm, the common people will defend themselves, and we will do it when and where it is needed,” he pointed out.

Momodou Sabally confirmed to The Fatu Network earlier that he has received the writ of summons. He is expected to face off against Jawara in court next month.

‘UDP Always Put Party and Individual Interest Before National Interest’— Alhagie Mamadi Kurang

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By: Muhammed Lamin Drammeh

Alhagie Mamadi Kurang, economist, politician and now a towering figure in the People’s Democratic Organizations for Independence and Socialism (PDOIS), has told The Fatu Network that United Democratic Party (UDP) will not take over the affairs of the country as a ruling party because the party always put its interest and individual interest over national interest.

The former 2021 presidential aspirant said Gambians will not vote for UDP to lead the country considering the track records of the party members at the beginning of Adama Barrow’s administration. He claimed that Gambians felt robbed by UDP who dominated the cabinet from 2017 to 2019.

“People felt robbed of the three years transition simply because the UDP always put party and individual interest before national interest. Gambian people don’t forget history even if they are quiet, history is always reflected in how they vote,” he claimed.

Kurang, who, after an unsuccessful attempt in his bid for presidency went back to Niamina East to seek their vote in the parliamentary election and lost, claimed that the United Democratic Party will get smaller as the years pass. He compared UDP NCP, labelling the biggest opposition party as the 21st century NCP.

According to Mr. Kurang, many members of the UDP hands are not clean as in the National People’s Party (NPP) and APRC. This, he pointed out, will avert their chances of winning in major elections.

“Many members of the UDP like NPP and APRC are already suspects or implicated in several corruption scandals. Once you participated in government, even for a month, you will be judged by your record in government during the one month in years to come. This country does not vote you back into power once you lost power due to your failures,” he said as he plays down UDP’s potential in becoming the ruling party in the Gambia.

The Niamina Kudang prodigal, in digging into UDP’s no-chance of becoming the ruling party, the party will continue losing its strength until 2026.

“UDP is already sinking and can only continue to sink in 2026,” he stressed.

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