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The Momodou Sabally National Assembly Nomination Saga: Sad but Lawful

By: Lamin J. Darbo

He is a towering intellectual and first rate orator, served simultaneously as Secretary General and Minister of Presidential Affairs under His Excellency Sheikh Professor Alhagie Dr Yahya A. J. Jammeh (the Professor). In that role he met all stripes of leaders domestic and international and participated in the great public dramas of the day at the policy councils of the Gambian state.

Allowing for the authoritarian vagaries of the system installed by the Professor, Momodou Sabally (Sabally) was for a year the great supervisor of the Public Service, sounding board of the President, his preeminent confidant, and primus among the Ministers. Having presided, or somewhat participated over the hiring and firing of senior government figures, including some cabinet colleagues, he knows a thing or two about policy and its implementation.

After all, he is the Gambia’s Pen and vigorously expresses his enlightening and entertaining perspective on the burning public questions of the day. If his great and controversial mind was a source of joy and annoyance to the intellectual community, they were projected on a larger canvass when he joined the United Democratic Party (UDP) and campaigned vigorously for its agenda across the country, thus making himself a household name.

No surprise therefore that Sabally’s expression of interest in contesting the Busumbala Constituency for the UDP in the April National Assembly Elections captured public attention. The run-up to nomination day on 10 March was crowded with great excitement as Sabally has all the ingredients of a great parliamentary statesman: intelligent, outspoken, controversial entertaining. He may be among the few candidates capable of generating cross party support at the polls but for the Independent Electoral Commission’s (IEC) decision to reject his application for nomination under the UDP ticket.

According to the IEC, Sabally was adversely mentioned in THE REPORT OF THE COMMISSION OF INQUIRY INTO THE FINANCIAL ACTIVITIES OF PUBLIC BODIES, ENTERPRISES AND OFFICES AS REGARDS THEIR DEALINGS WITH FORMER PRESIDENT YAHYA A.J.J. JAMMEH AND CONNECTED MATTERS

The Government’s White Paper on the matter as concerns Sabally states at paragraphs:

216:-    Mr. Momodou Sabally started at the Central Bank as an Economist from

1999 to 2009. He was Director of Budget at the Ministry of Finance from 2010 to

  1. He was appointed as Acting Secretary General in June 2013, and then

subsequently confirmed as Secretary General and Minister for Presidential Affairs

in the same year. His service was terminated in June 2014.

 

217:-    The Commission found, inter alia, that during his tenure as Secretary

General, Mr Momodou Sabally was signatory to various public accounts and was

involved in the withdrawal of large sums of public funds, some of which were not

accounted for, on the instructions of former President Jammeh. The Commission

found that Mr Momodou Sabally and former President Jammeh are jointly and

severally liable for the said amounts of money misappropriated by former President

Jammeh.

 

  1. The Government notes that Mr Momodou Sabally’s many involvements in the

financial transactions of former President Jammeh, which was not part of his

official duties, especially as Secretary General, demonstrate the enthusiasm with

which he facilitated these transactions. His conduct fell far short of the standard of

professional conduct expected of the Head of the Civil Service at the time.

 

  1. Consequently, the Government accepts the Commission’s recommendation

that Mr Momodou Sabally should not serve in any public office again or be

appointed as Director for any State Owned Enterprise for at least ten years. Mr

Momodou Sabally is hereby banned from holding public office for the remainder of

his life. He is also banned from holding any director positions in any State Owned

Enterprises in The Gambia for ten (10) years. Both bans are effective from the date

of publication of this White Paper. The monies shall be recovered from the assets of

former President Jammeh.

Clearly, a member of the National Assembly is not a public office holder (see section 166 (4) (a) of the 1997 Constitution of the Republic of The Gambia (the Constitution). Viewed in isolation, this provision would appear to suggest the IEC was wrong in rejecting Sabally’s application for nomination as a candidate in the upcoming National Assembly Elections.

However, the IEC specifically rejected Sabally’s application for nomination on the basis of section 90 (1) (e) of the Constitution that “no person is qualified for election as a member of the national assembly if he or she has been found by a report of a commission or committee of inquiry (the proceedings of which are have been held and published in accordance with the relevant law) to be incompetent to hold public office by reason of having acquired assets unlawfully or defrauded the state or misused or abused his or her office, or wilfully acted in a manner pre-judicial to the interests of the state, and the findings have not been set aside on appeal or judicial review”.

 

It is common knowledge that Sabally lodged an appeal against the adverse mention, and the bans imposed on him, by the Janneh Commission, and the Government. Until they are “set aside on appeal or judicial review”, section 90 (1) (e) of the Constitution continues to operate against him. A convicted prisoner remains a prisoner until his appeal is allowed. On the particular facts of Sabally’s case, his impediment remains pending the hearing and determination of his appeal.

As to whether the IEC has the competence to interpret section 90 (1) (e) of the Constitution at its level, I merely state it is performing a legally permitted intermediate gate keeping function which can only be conclusively ratified by a competent court where its perspective is contested. However, the Janneh Commission Report and its accompanying White Paper are public documents available to the IEC and it can act upon them where deemed necessary.

Albeit on contested understandings, it is far from clear that the IEC operated outside the law when it rejected Sabally’s application for nomination as UDP candidate for Busumbala. With the clarity of section 90 (1) (e) of the Constitution, he appears not to have a snowball’s chance in hell in overturning the IEC decision.

Of course the cases of the current Chief of Protocol, and the likes of Mamburay Njie, were given lighter treatment by the Government, and these were picked on by observers. What is clear is that they and others similarly situated cannot contest in National Assembly elections under the law.

As to the protests that the law is differentially applied, I suggest the facts are distinguishable in that the Sabally saga was triggered by the National Assembly qualification regime.

On a lighter note, maybe we should proceed with Mr Bumble when confronted with the postulation that as between him and his wife he was “… the more guilty of the two, in the eye of the law; for the law supposes that your wife acts under your direction.”
Mr Bumble protested that “If the law supposes that, the law is a ass — a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is, that his eye may be opened by experience — by experience”

I urge Sabally to deploy his immense talents in helping others this election season and to accept that on current facts, he cannot serve as a National Assembly Member until his appeal is allowed.

 

 

 

 

 

 

Government Confirms Instability In Foni, Announces Immediate Actions

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Government of The Gambia has in a press release dated 14th March 2022 confirmed instability and fear among Gambians in the Gambia-Senegalese border of Foni. According to the release, this is due to a military operation carried out by Senegal against MFDC separatists in its southern region of Cassamance on Sunday 13th March 2022.

Gambia President Adama Barrow is said to have directed a vigilant and robust border patrols, intensifying security activities on The Gambian border for the safety of citizens as well as safeguarding the territorial integrity of the country against any potential foreign threat.

The Barrow led government emphasized that The Gambia will neither be used as a launching pad nor allow anyone to enter the country with arms and ammunition.

Read the release below:

Press Release: Dated 14th March, 2022

Re: The Gambia Government Statement On Effects of Senegalese Military Operation in Cassamance

Banjul, The GambiaIt has come to the awareness of The Gambia Government that Senegal launched a ‘Military Operation’ against MFDC separatists in its southern region of Cassamance on Sunday 13th  March, 2022.

Given its proximity to The Gambia, several communities and villages particularly in Foni Bondali, Foni Kansala and Foni Bintang Karanai Districts have been affected by sounds of heavy gunfire amid reports of shells landing in these Gambian border villages.

The Gambia Government can confirm that as of last night, several Internally Displaced Persons (IDPs) and refugees from the border areas began arriving and are being registered in the villages of Foni Bintang, Foni Kansala and Foni Bintang Karanai.

In the wake of this military operation and its attendant refugee situation, His Excellency, President Adama Barrow directed that the Vice President working with the relevant Ministries, Government Departments and Agencies (MDAs), urgently respond to the pressing needs of the IDPs and refugees.

Equally, President Barrow has directed for the exercise of more vigilance, robust border patrols, and intensified security activities on The Gambian border for the safety of citizens as well as safeguarding the territorial integrity of the country against any potential foreign threat.

President Barrow also wishes to reassure citizens, members of the Diplomatic and Consular Corps that The Gambia will neither be used as a launching pad nor allow anyone to enter the country with arms and ammunition.

The Gambia continues its peaceful advocacy for a resolution of the Cassamance Conflict and envisages lasting peace, security and stability in our region.

Meanwhile, The Gambia Government strongly urges citizens to desist from spreading false news and recycling of old videos and audios of similar past events to create confusion and fear in the minds of innocent, peace loving citizens affected by this conflict.

Signed:

Ebrima G Sankareh

The Gambia Government Spokesperson

 

Gambian Talents Promotion: 60 Students Graduate

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By: Sainabou Sambou

Sixty students have on Saturday 12th March 2022 graduated and are now ready to add value to the field of journalism courtesy of Gambia Talents Promotion. The institution which provides practical journalism training seeks to improve the quality of media practitioners across the country.

Muhammed S Bah is President of the Gambia Press Union he said Journalism is a noble course. If you look at our constitution in section 207 he said it states that journalists should hold the government accountable. This means if you are a journalist, you have a duty to make a platform for people to get divergent views/ information.

Adding that journalism is a career because the world is progressing and journalists play a significant role in sharing, creating and shaping society.

“Journalists are expected to create fair opinion because they are committed to finding the truth and presenting the facts, the news is a function in people’s life it is like food because information is very important, information is powerful and creates awareness and also empowers people to live a decent life,” he said.

He added that the world for journalism has now expanded because we have seen citizen journalists. These he said are people who will just sit in their corner and pretend to be a professional journalist and most of the time misinform the public.

Ebrima Sillah is the Minister of Information, he told the grandaunts that a pen and a microphone in the hand of a wrong and untrained person is more dangerous than an AK 47 gun.

He said words written or produced can travel very far and they leave ink for the rest of a person’s life. When a bullet hits a person, he says it does damage the person instantly, words on the other hand stay forever.

“In today’s environment, everyone with a smartphone who has an internet connection is potentially an independent producer and a distributor of news, even if it’s false news,” he said.

Fatoumatta Bah Barrow the First Lady of the Republic of the Gambia advised the grandaunts that they should be careful with how they use words, as words are very dangerous.

Adding that in this era of smartphones people easily tarnish each other’s image.

“If someone tarnishes another person’s image or reputation that person will never recover from that pain for the rest of his or her life,” she said. Adding that she will support the Gambian Talents Promotion starting this year.

Fatou Samba Country Coordinator of the Gambian Talents Promotion said Gambian talents is a youth founded and led non-profit organization that provides training and employment opportunities to underprivileged young people of the Gambia.

She said their program is unique as their primary beneficiaries are school dropouts, migrate returnees locally known as backway deportees, fresh high school graduates who don’t meet the basic requirements to gain college admission, students of Madrassa (a Muslim school, college, or university that is often part of a mosque) and university students who want to gain practical training in the field of journalism.

  From Rivals to Political Partners: Kenya’s President Kenyatta Backs His Former Rival Odinga in Polls

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Kenyan President Uhuru Kenyatta has endorsed his former archrival for the country’s top job, weeks after their parties joined forces ahead of presidential and parliamentary elections in August.

“We have chosen Raila Odinga, without any opposition, to be the fifth president of Kenya,” Kenyatta told a cheering crowd of thousands in the capital Nairobi.

The announcement brings together two of Kenya’s top political dynasties, who have a long history of opposing each other at the ballot box.

But in 2018, Kenyatta and Odinga stunned the country when they shook hands and declared a truce after post-election violence in 2017 left dozens of people dead.

Source:  Al Jazeera

 

Justice Sainabou Wadda-Cisse Hands Down Life Imprisonment Judgement for Rape

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The justice system seems to have toughened up in a bid to stop the scourge of rape and sexual penetration across the country.

Recently at the High Court Justice Sainabou Wadda-Cisse sentenced a certain Babucarr Makanbou to life imprisonment after he was found guilty of rape. 

Babucarr was also sentenced to three years imprisonment for impersonating a Police Intervention Unit (PIU) officer.

According to the charges he (the convict) was found to have sometime in November 2018 at the Independence Stadium represented himself to the survivor as a PIU officer and used the opportunity to rape the victim whilst threatening her with a knife.

The prosecution led by state counsel Muhammed B. Sowe called seven witnesses to prove their case. The convict in his plea of mitigation informed the court that he has 8 children who depend on him for their livelihood.

Justice Sainabou Wadda-Cisse however, considering the gravity of the offence ignored his plea and handed down her landmark judgement. This is expected to serve as an example to others who intend to carry out such diabolic acts.

Condemnable Actions by Citizens

By: Madi Jobarteh

The violent actions of these citizens [as seen in a video carried by Kerr Fatou] should be investigated and those found stoning the police should be brought to book. Citizens must recognize and uphold the fact that they should always remain peaceful and nonviolent even in their strongest disagreements about anything.

Political parties, and in this case, UDP in particular should enlighten their members or supporters to exercise restraint and maintain peace at all times even if they disagree. It serves no party’s interest to have its supporters engage in violent acts. Even when provoked, citizens must seek the path of peace and human rights.

Above all, citizens must not violently vent out their grievances on law enforcement officers. Much as we condemn police brutality so also should citizens refrain from violently attacking the police, threatening lives and causing damage to property.

There exist the necessary mechanisms in this country through which citizens, politicians, communities, associations and political parties can employ to seek and obtain justice and accountability. We have seen these mechanisms being utilized to that effect from 2017 to date. This option should always be used.

At this juncture it is utterly necessary to highlight the urgent need for robust security sector reforms to empower and enable the police to better respond to public assemblies. Both the police and the public should be responsible enough not to provoke violence in anyway. Apparently, this was the case in Brikama on March 10, unfortunately.

Police officers must particularly be told that while they have a right to defend themselves from violent rioters. However, the moment a rioter is overpowered by officers, there’s no justification anymore to hit that rioter.

In the meantime, the authorities and all stakeholders should demand an investigation into the acts of police brutality and the violent actions of these citizens in this Kerr Fatou video.

I hereby call on the IGP to open investigations on the actions of his officers as well on the actions of violent protesters to ensure accountability.

No to police brutality. No to a culture of violence.

For The Gambia Our Homeland

 

“72% of House Owners In Banjul Are Not Paying Rates” – BCC Mayor Lowe

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By Dawda Baldeh

Addressing Banjulians (residents of Banjul) in a town hall meeting on Saturday 12 March 2022, Mayor of Banjul City Council (BCC) Rohey Malick Lowe said 72% of house or compound owners in Banjul are not paying rates to the council, citing revenue loss.

The town hall meeting is said to be in line with 2002 Local Government Act which mandates the mayor  to organize such a meeting to give people the opportunity to know the functions and operations of the Council and ask questions surrounding such.

Mayor Lowe emphasized that lack of rates payment to the council remains their key challenge.

“72% of compound owners in Banjul are not paying rates. As a result of this, the council has lost over Seven Million Dalasis since 2018,” Mayor Rohey Malick Lowe disclosed.

He added that apart from the unpaid Seven Million Dalasis rates, tthere were over 40 Million Dalasis of unpaid debts from compound heads when she assumed office in 2018.

She noted that slow bureaucracy in decision making is another challenge, adding that in most decisions council has to write to the Ministry of Local Government and wait for response.

“Also, councils rely on parliamentarians for the promulgation of good laws that enhance our work. Council seeks to work closely with MPs for the implementation of good laws that will ensure council’s autonomy and strengthen our power for the implementation of developmental oriented policies and programs that will help the city,” she explained.

She also cited the building of stores within the inner city, the sand mining at the Denton Bridge and the buildings on the Tanbi wetland among others.

She urged residents of Banjul to voluntarily pay their debts to help in the development of the city; highlighting other challenges that hinders the development of the city.

“They Have Rejected My Appeal And I Have Also Rejected Their Rejection”- Sabally Fires Back

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By: Sarjo Brito

UDP Commando Momodou Sabally has fired back almost immediately after the Independent Electoral Commission announced it had upheld its decision to reject his National Assembly nomination papers.

Momodou Sabally has vowed to challenge the IEC’s decision. The UDP aspiring candidate for the Busumbala Constituency seat said he is neither giving up nor taking a step back in this fight as the IEC has no legal authority to reject his nomination. Sabally describes his rejection as an outright flouting of procedure and blatant disregard for justice and fair play by the IEC officials.

“The legal and administrative steps necessary to correct this maleficent, this targeted oppression of an innocent citizen of this country will be taken to assure you that I am not giving up. I am not taking a step back. I will continue to fight for my rights as a citizen of this country who has been oppressed, targeted, side-lined, marginalized by an inept, corrupt administration,’’ The UDP Commando said.

Momodou Sabally alleged that the statements uttered by the IEC returning officer during his nomination were uttered out of instruction from the country’s leadership, calling it a premeditated act targeted against him.

“And so the IEC has doubled down on their banditry and gross injustice meted at me. They have rejected my appeal and I have also rejected their rejection. So we will soon meet at the right platform for adjudication,” he said.

“The IEC is not a court of law talk less of a branch of the IEC. Who told Tony Secka that there was a commission of inquiry that made adverse findings against me? Why did he have the temerity to sit down on that spot and reject my nomination when all other nominations are vetted and scrutinised over a period of 48hours or even more before a decision is taken. What he has manifested is a clear fact that this act of rejection was a premeditated act targeted against me.”

Momodou Sabally also called out the Gambian leader for what he describes as cherry-picking who the law applies to, making reference to the Mamburay Njie’s appointment as Finance Minister who has been equally found wanting by the same commission.

“[President] Adama Barrow has decided to ignore the commission of inquiry that Tony Secka was referencing, by appointing Mamburay Njie who has serious adverse findings made against him. To appoint Alagie Ceesay as Chief of Protocol inside his cabinet, who had worse adverse findings from the commission against him. If Barrow can ignore the recommendations of the commission and decide to do business with Tarek Moussa and TK Motors, a foreigner, why should I be singled to be targeted to strip me of my rights to seek elected office in this country,” Sabally asks.

Setback In Sabally’s National Assembly Bid As IEC Upholds its Decision

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By: Sarjo Brito

Less than 24 hours after filing his appeal at the Independent Electoral Commission, Momodu Sabally’s National Assembly bid has suffered another setback as IEC rejects his appeal, maintaining his nomination has not complied with Section 90 (1) (e) of the 1997 Constitution.

“At its session held on 12th March 2022, the Commission upheld the decision of the Returning Officer that your nomination has not complied with the law as per the application of Section 90 (1) (e) of the 1997 Constitution of The Gambia.”

On March 10, 2022, Momodou Sabally submitted his nomination papers at the IEC Brikama office where he was told by returning officer Tony Secka that his nomination was not in compliance with section 90 (1) (e) of the country’s Constitution which bars people found wanting by a Commission of Inquiry from seeking public office.

Momodou Sabally has since his rejection questioned the legal authority of the IEC to reject his candidature as the institution is no court of law. Mr Sabally has also made allegations that he is singlehandedly being targeted by the country’s leadership while they have other Gambians who the Janneh Commission have made adverse findings against holding public office.

“We Are Law Abiding Citizens, But We Must Not Be Provoked”-UDP Leader Warns

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By : Christian Conteh

The Leader of the United Democratic Party (UDP) Ousainou Darboe has said that his party the UDP is a law-abiding political party and has been so since the formation of the party some 27 years ago.

He however warned the Gambia Police Force to not provoke his supporters.

Lawyer Darboe was speaking at the party secretariat on Kairaba Avenue. He called the press conference to express concern about his safety and the safety of his supporters following a clash between his supporters and the police during nomination day at Brikama.

“All the access routes to my house have paramilitary forces stationed there, this is an act of provocation. This is a political season and nobody will stop a UDP crowd from coming to the party’s office,” he said.

He however maintained that whatever they do they will do within the confines of the law. 

“Please let us help each other to keep the peace in this country. We are law-abiding citizens, we have not done anything in contravention of the law since our formation 27 years ago” he said. 

He strongly appealed to the Inspector General of Police to withdraw his men stationed around his house and on routes leading to his house.

UDP’s Ebrima Dibba Applies for Permit to Protest Sabally’s Nomination Rejection 

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By Sarjo Brito

The United Democratic Party’s Ebrima Dibba has applied for a permit to protest the Independent Electoral Commission’s decision to disqualify the party’s (UDP) candidate for Busumbala Constituency in the forthcoming National Assembly elections. The application letter addressed to the Inspector General of Police and dated March 11 says the reason for the protest is to ask the IEC to do the right thing, which is to rescind its decision regarding Sabally’s rejection. 

“I hereby apply for a permit to conduct a peaceful protest against the IEC’s decision to reject Momodou Sabally’s nomination application on Thursday 10th March 2022, in Brikama. Mr Sabally submitted his credentials to the IEC office in Brikama as the candidate of UDP for Busumbala Constituency for the upcoming National Assembly Elections. Instead of following due process and doing the right thing, the returning officer rejected his nomination,” the letter read.

“We are protesting to ask the Independent Electoral Commission to do the right thing and accept Mr Sabally’s nomination and to call for justice and fair play in this country. The protest will be held on Tuesday, March 15, 2022, at West Field from 10 am to 3 pm.”

The Independent Election on Thursday rejected the nomination of Momodou Sabally, the UDP’s candidate for Busumbala Constituency, citing section 90 (1) E of the 1997 constitution which states that:

No person shall be qualified for election as a member of The National Assembly if he or she “has been found by the report of a commission or committee of inquiry (the proceedings of which have been held and published in accordance with the relevant law) to be incompetent to hold public office by reason of having acquired assets unlawfully or defrauded the State or misused or abused his or her office, or willfully acted in a manner prejudicial to the interests of the State, and the findings have not been set aside on appeal or judicial review.”

Sabally who was adversely mentioned in the Janneh Commission Report has since appealed the IEC’s decision and is waiting for the outcome of his appeal.

Meanwhile, he has promised to carry on with his campaign as he accuses the IEC of being used as a tool to oppress him.

Fishing Nets Destroy Ferry Engines and Must not be put Along Navigation Areas: Gambia Ferry Service Warns Fishermen

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By: Dawda Baldeh

The management of the Gambia Ferry Service has warned fishermen to desist from placing their fishing nets along the ferry navigation area making it clear that such an action can cause potential damage to the ferry.

The call was made during a press conference organised by the GFS at the Banjul Ferry Terminal on Friday 11th March 2022. 

Lamin Jawara, General Manager of the Gambia Ferry Service said the activities of fishermen along the ferry navigation have become their major challenge asking fishermen to desist from such activities.

 “Their activities along the navigation areas are causing a lot of challenges for us,” he said.

Adding that they have invested over thirty million dalasis (D30m) for the maintenance of the ferry. 

He revealed that the fishing nets can cause damage to the engines of the ferry if they come in contact with it.

 “We are warning the fishermen to stop placing their nets along the navigation area,” he said. 

Pa Dawda Sanyang, Operational Manager said such activities should be avoided adding that its impact can lead to economic losses. 

“Three new engines had to be installed onto the ferry that came in contact with a net,” he said. 

According to GFS management, if the fishing activities continues taking place along the navigation area it can affect the Ferry service delivery. “We want the public to know the challenges we are encountering at the ferry. If the ferry parts are damaged it will take time before they are replaced and they are not available in the country,” Pa Dawda Sanyang said.  

Yankuba Manneh, Public Relation Officer of the Gambia Ports Authority (GPA) also called on fishermen to avoid the fishing activities within the navigation area, adding that if the ferry is affected many businesses within and outside Banjul will be affected. 

UDP Momodou Sabally Blames President Barrow for His Rejection

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By: Christian Conteh

Momodou Sabally the United Democratic Party (UDP) nominee for Busumbala constituency in the upcoming National Assembly Elections has blamed President Adama Barrow for his rejection by the Independent Electoral Commission (IEC).

Momodu Sabally made these allegations whilst speaking to UDP supporters and Gambians through an audio message shared on social media. 

He said the country’s first gentleman and his people have ‘touched the untouchable’ and he is prepared to fight like a jin (a spirit that appears in human form).

He called on his people to calm down, promising them that he will get nominated and will be the next Member of the National Assembly representing Busumbala.

“We will get nominated by Allah’s will and I will be an MP in Busumbala constituency if it so pleases Allah,” he assured his people. Meanwhile, he said his campaign will continue unabated.

Momodou Sabally’s nomination bid was yesterday rejected by the Independent Electoral Commission (IEC) on the grounds that his name had been adversely mentioned in a Commission of Enquiry.

His party leader Ousainou Darboe has challenged the IEC decision saying it is illegal. This prompted a wave of violent clashes between the police and UDP supporters in Brikama, an incident that left many people injured and some hospitalised.

The National Human Rights Commission has condemned police brutality but encouraged citizens to be law-abiding and use legal means to seek redress.

“Police Brutality Against a Civilian is Unacceptable”- Human Rights Commission Says

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By: Christian Conteh

The country’s National Human Rights Commission (NHRC) has decried police brutality against a civilian describing it as unacceptable. 

This is in direct response to an incident that occurred yesterday 10th March 2022 where a group of Police Intervention Unit Officers in full riot gears were caught on camera as they kicked and beat an unarmed, non-threatening civilian with batons all over his body.

The Commission notes that it wishes to state in no uncertain terms that,

“no person, in particular law enforcement officers, has the right to torture, beat, injure or harm another regardless of the provocation. The Commission has also contacted the Office of the Inspector General of Police to raise its concerns. The actions of these Police Officers are condemnable, inhumane, degrading and, above all, a flagrant violation of human rights.” 

A Police Officer it further states is not only a guardian of the law but is also expected, as a duty bearer, to respect and protect the human rights of all people, including those who are even suspected of breaking the law. 

“By the adoption in 2020 of the Guidelines on Policing Public Assemblies in The Gambia, the Gambia Police has placed upon itself the obligation to put in place mechanisms and standards for the peaceful management of assemblies and demonstrations. Having a group of officers acting contrary to the spirit of the Guidelines is both disheartening and disturbing,” the press release reads. 

The Commission used the opportunity to as usual reiterate its unequivocal position against impunity and every form of human rights violation. Police brutality it says has no place in a democratic dispensation. Due process and rule of law are expected to be followed when a person breaks or is suspected of breaking the law. 

The Human Rights Commission went on to call on the Inspector General of Police to immediately identify and bring to book the Police Officers who are in the video assaulting the civilian. Indicating that they have violated the law and should therefore be punished accordingly. 

While the commission reminds all law enforcement officers that they have a duty to respect and protect human rights and that they would be held accountable for any human rights violation committed whether under command or not, it also urges everyone to always be law-abiding, uphold the rule of law and follow due process when aggrieved. 

CA’s Dr Ismaila Sesay Condemns Police Brutality; But Encourages Citizens to Always Be Disciplined, Law Abiding and Follow Legal Processes

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By: Christian Conteh

Dr Ismaila Sesay of the Citizens’ Alliance Party (CA) has openly condemned the high handedness of The Gambia Police Force. His condemnation came after police officers manhandled supporters of the United Democratic Party (UDP) during yesterday’s nomination exercise.

UDP supporters attempted to force their way into the electoral body’s premise in Brikama an attempt which the police reacted to with tear gas and beating. 

The Gambia politician however, encouraged citizens to always be disciplined and law-abiding and follow legal processes where they feel injured or that their rights have been violated.

“We condemn all forms of police brutality regardless of perpetrator or victim. We urge The Gambia police to always exercise restraint and act within the confines of the law when maintaining public order. We advise all citizens to always be disciplined and law-abiding and follow legal processes where they feel injured or that their rights have been violated. Trust in the judicial process is the bedrock of a peaceful society,” Dr Ceesay said.

Dr Ceesay was the flagbearer for the Citizens’ Alliance Party (CA) but could not participate in the December 4th 2021 Presidential Election after his nomination was rejected by the Independent Electoral Commission (IEC).

He went to court to challenge the decision. The court ruled in his favour and set a very important judicial precedent in the country’s electoral history.

Procedure Adopted to Disqualify Momodou Sabally Is Flawed: Another Legal Mind Agrees with Ousainou Darboe

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By: Christian Conteh

Another legal mind in the person of M. Robertson Roberts Esq has agreed with lawyer Ousainou Darboe Leader of the United Democratic Party (UDP) that Momodou Sabally’s disqualification was not in line with constitutional provisions, thus making the process fundamentally flawed.

Lending his legal opinion Lawyer Roberts said the procedure adopted to disqualify Momodou Sabally Is flawed and he thinks it must be set aside.

“Indeed, the Returning Officer has abused and outstripped his mandate by leaps and bounds. The procedure adopted by the returning officer is so flawed that any decision that emanates thereof should be set aside like rotten meat,” he said.

He further noted that no returning officer has the right, power or legal mandate to reject the candidacy of a Parliamentary contestant outrightly by stating that that person has been adversely mentioned in a Commission of Enquiry.

This he emphasises is certainly not what section 90(1) (E) of the country’s constitution states.

Infact, he maintained that the Returning Officer went on to state that this was his decision and not the decision of the IEC. And gave Momodou Sabally 48hrs to write to the IEC to challenge this decision.

“This is preposterous nonsense and the law deals with procedures and forms, and this should be the basis of a challenge at the courts. Who is this returning officer and what makes him think he possesses such a right to disqualify a candidate on his own accord, on the spot and based on his own individual understanding of the Constitutional provisions of Section 90 of the 1997 Constitution of The Gambia,” Lawyer Roberts opined.

The learned counsel further noted that when Mr. Sabally quizzed him (the IEC Returning Officer) he said he made the decision on his own accord,

“No No this is my decisoin”! (I refer you to the video on the Fatu Network). 

“Who are you Mr. Returning officer to make such a decision?” Lawyer Robert asks.

He stressed that the event of yesterday Thursday 10th March 2022 must be the basis of a legal challenge in the courts.

“Let the courts tell us if this is how the law must be applied and interpreted. That an unknown returning officer sitting under the blazing heat in Brikama can now make pronouncements on such constitutional matters of his own volition.”

“If you a returning officer possesses such monumental powers then what powers have the courts? Why then is an appeal pending in our courts when you Mr. Returning officer with absolutely no legal qualifications can give a blanket interpretation of a constitutional provision linking it to the findings of a constitution,” he further asked.

The matter continues to generate heated debate across the political divide, with various lawyers lending their legal opinion to the issue.

UDP National Assembly Candidates Promise to Fight Corruption When Elected

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By Sainabou Sambou

The United Democratic Party (UDP) yesterday submitted nomination papers for several candidates contesting in the April 2022 National Assembly Elections.

At Kanifing the aspiring candidates promised to fight against corruption in the Gambia when they get elected to the house of representatives.

Yahya Sanyang an aspirant for Latrikunda Sabiji said he is optimistic that he will be accepted by the IEC because he has fulfilled all the criteria that the IEC asked for.

He said the Gambia is at a very sad stage right now and he feels that people like him must step up and play a role in changing the situation. He expressed optimism about winning the April election.

“I will fight corruption if I win because there is 100% corruption in this country, and we need to stop that,” he said.

Assan Touray an aspirant for Bakau said he has brought a lot of development to his community and if he is re-elected, he will continue to bring the same development in his constituency and the Gambia at large.

“I am very sure that when I will have been re-elected into office for the second time, I will fight corruption and make sure that the Anti-Corruption bill is tabled in the National Assembly” he stated.

Ya Kumba Jaiteh an aspirant for Serekunda said if she is re-elected into office, she will make sure that the laws are put into order and also ensure she supports a new constitution for the Gambia.

Madi Ceesay an aspirant for Serekunda west, Musa Badjie an aspirant for Tallinding kunjang, Bakary Njie for Bundungka Kunda constituency and others made similar commitments.

UDP & Police Clash: Fatu Network Cameraman and Others Hospitalised

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The clash between United Democratic Party (UDP) supporters and the Gambia Police Force has left one of our Cameramen at The Fatu Network and several other people hospitalised.
Matarr Jassey was on duty covering the UDP Nomination exercise in Brikama when the unfortunate incident happened. The tear gas left him and several others unconscious for hours.
 
The incident followed the disqualification of UDP National Assembly Aspirant Momodou Sabally.
UDP supporters attempted to force their way into the IEC, raining insults and threatening to raze the electoral body’s Regional Office in Brikama, West Coast Region to the ground.
 
This is not the first time UDP supporters have clashed with the police, the last incident happened after the December 4th 2021 Presidential election when the party’s supporters stormed the streets in protest.

“IEC Is at it again”- Ousainou Darboe Fumes at Rejection of Momodou Sabally

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Opposition Leader Ousainou Darboe has accused the Independent Electoral Commission (IEC) of deliberately and illegally rejecting the nomination papers of one of its National Assembly picks Momodou Sabally.

Darboe was speaking at a presser held on Thursday evening. He alleged that the IEC rejection of the nomination papers of Sabally is a calculated ploy to help the governing National People’s Party (NPP) win the National Assembly Elections slated for early next month.

“We want to put this out to the world and to say that IEC is at it again. IEC is at it again to help the NPP win and there could be no clear indication of that than what this returning officer has done,” Darboe said.

The decision is already a topical issue of debate across the country.

Momodou Sabally’s Rejection By IEC Ignites Debate On Selective Justice

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By Sarjo Brito

Momodou Sabally’s rejection by the Independent Electoral Commission has ignited a debate on selective justice in The Gambia. Momodou Sabally’s National Assembly bid was cut short during the filing of his nomination papers in Brikama West Coast Region where officials of the IEC told him the reason for his disqualification was because he was adversely mentioned in the Janneh Commission report. The decision of the IEC has since been met with different opinions, with some accusing the Barrow government of cherry-picking people who the commission’s recommendations apply to and not.

‘’A government white paper is not Law. It is a policy document. Only the courts can give it the force of law. It is for that same reason that the courts rejected the legality of the selling of Jammeh’s assets by the Ministry of Justice and deemed it illegal. If the IEC is now rejecting Sabally then it means they have acted outside the remit of the Law. If lawyer Darboe was accepted as a presidential candidate there is absolutely no reason that sabally should be rejected. Both were found wanting by a Commission of Inquiry. You cannot accept Lawyer Darboes nomination and reject that of Momodou Sabally’’ – Melville Roberts argues

‘’What’s good for the goose, is good for the gander. If Sabally Momodou is disqualified, then the president should do himself a favour and dismiss some of his cabinet ministers named in the Janneh Commission report. Some people might see this partisan but we’re treading in dangerous waters. The President is there for all Gambians and should not be allowed to score political points by people’’—Dawda Ceesay

Momodou Sabally and his supporters alike have accused the Independent Electoral Commission of using Janneh Commissions adverse finding to target him while having other people serving Ministerial positions who have equally been found wanting by a commission. while his supporters come to his defence, others believe Sabally’s disqualification is clearly justified in the 1997 Constitution.

‘’Section 90(1)e of the Constitution is very clear with regards to Sabally’s disqualification. It states: No person shall be qualified for election as a member of The National Assembly if he or she

“has been found by the report of a commission or committee of inquiry (the proceedings of which have been held and published in accordance with the relevant law) to be incompetent to hold public office by reason of having acquired assets unlawfully or defrauded the State or misused or abused his or her office, or wilfully acted in a manner prejudicial to the interests of the State, and the findings have not been set aside on appeal or judicial review”.

‘’There’s no ambiguity in this provision. Sabally isn’t qualified. Public office means any national, state, or local governmental position of public trust and responsibility, whether elective or appointive, which is created or prescribed or recognized by constitution, statute, or ordinance’’—PDOIS’S Sulayman Bokar Bah wrote.

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