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Kanifing Magistrate Court: Nderry Touray Acquitted and Discharged Over Rape Allegation

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By Yerro Mballow

Magistrate Mben Faal of the Kanifing Magistrate Court on Thursday 27 January 2022 acquitted and discharged one Nderry Touray over rape allegations.

The accused person, Nderry Touray was charged with rape contrary to section 3(2)(b) of the Sexual Offence Act 2013.

The particulars of offence stated that on or about 16 November 2019 at Kotu in the Kanifing Municipality, the accused person, Nderry Touray had intercourse with the plaintiff without her consent, thereby committing an offence.

Delivering her judgement, Magistrate Faal mentioned, “the plaintiff witness one (pw1) went and met the accused person at his home and requested from him an apartment to rent, and that the accused person then told him that his aunty has a house and later took the plaintiff to see if she would choose the said house to rent. When they reached the house, the accused person pointed at the houses and the girl choose the house she wanted. They then exchanged numbers and the accused person took the plaintiff to his house where they had sex and she left as reported by PW 1”

“The accused person thereafter had a telephone call with the plaintiff where she visited him. The accused person then bought a full loaf of bread filled with an egg from the D20 he had which they ate.  She then told the accused person that she wanted him to give her some money because she had to pay for her sewing at the tailoring shop.”

“The accused person told her that he did not have money with him to give her because he was just from the garage where he had paid the mechanics to service his car. The girl (plaintiff) got angered with the accused person’s statement and then banged the door of his house on him and left”

Still on her judgment, Magistrate Faal said, “second Prosecution Witness (PW2) testified that a medical test was conducted where it indicated that they had sex. Pw2 also revealed that the girl did not consent to the act but the accused person threatened her with a pair of scissors, closed the house and demanded sex from the girl”

Making her ruling on the case, the Magistrate noted that the prosecution had not proven their case beyond reasonable doubt, adding that some of the evidences contradicted each other.

Magistrate Faal ruled that since the prosecution did not prove their case beyond all reasonable doubts, “the accused person is hereby acquitted and discharged.”

Democracy in Peril, Civil Liberties Under Attack: Sub-Saharan Africa Shows No Significant Improvement on 2021 Corruption Perception Index

By: Christian Conteh

According to Afrobarometer’s latest surveys, a majority of people across the region think corruption is on the rise, while simultaneously expressing dissatisfaction with the way democracy works.

This is not surprising, persistent corruption has gone hand-in-hand with unconstitutional changes of power in various parts of the continent.

On a continent where corruption persists, natural resources and its attendant benefits impede access to public services for millions of people rather than facilitate them, the result is decades of stagnation laid bare by the 2021 Corruption Perceptions Index (CPI). This cannot be more devastating.

With an average score of 33 out of 100, Sub-Saharan Africa shows no significant improvement on the 2021 CPI. The gains made by a handful of countries are overshadowed by backsliding or stagnation in others and the region’s poor performance overall, as 44 out of 49 countries assessed on the index still score below 50.

With the COVID-19 pandemic severely hitting the previously less-affected continent, alongside protracted armed conflicts and rising terrorist threats, 2021 was a turbulent year for Sub-Saharan Africa. These worrying trends exacerbate the serious corruption problems that exist for long before.

To keep corruption out of the public eye, governments across the region have limited information and cracked down on independent voices calling out abuses of power.

Elsewhere, governments imposed disproportionate restrictions on civic freedoms often under the guise of containing the COVID-19 pandemic limiting people’s ability to hold power to account.

On the 2020 Democracy Index Sub-Saharan Africa recorded its worst average score since 2006, primarily owing to a drop in countries’ civil liberties scores.

Repression continued in 2021, as governments used the COVID-19 pandemic and armed conflicts as an excuse to further crackdown on rights.

Mali’s (29) significant decline (from 35 in 2015) on the CPI has occurred concurrently with a drop in its civil liberties score. The country is facing political, institutional and security crises, having experienced three military coups since 2012. The ongoing armed conflict undermines key state functions, leading to a vicious cycle of corruption and human rights abuses

And while Ethiopia (39) registers a significant improvement (from 33) since 2012, its decline in civil liberties threatens to reverse any previous progress. The government has used the ongoing armed conflict in the Tigray region as a pretext to silence independent voices.

In 2021, authorities shut down a popular independent media outlet and arrested dozens of journalists for their coverage of the civil war.

The 2021 CPI results should serve as a wake-up call to societies across Sub-Saharan Africa. The magnitude of corruption challenges requires responses much bolder than ever before.

Sustainable progress on anti-corruption can only be achieved if societal and institutional checks on power are ensured. Governments must urgently roll back on the disproportionate restrictions on civil liberties and stop using the COVID-19 pandemic or ongoing conflicts as an excuse for stifling dissent.

And when allegations of abuse emerge, anti-corruption agencies and justice institutions must provide accountability no matter how high-level the culprit.

 

 

AFCON 2021: With Ghana Coach Sacked; Who is Next?

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Ghana have confirmed the dismissal of coach Milovan Rajevac after their shock early exit from the Africa Cup of Nations finals and must now move quickly to find a new coach for the World Cup playoffs in two months’ time.

Rajevac had been expected to be sacked after Ghana lost 3-2 to the tiny Comoros Islands last week to finish bottom of their opening round group and depart the tournament in Cameroon early, despite being among the fancied teams.

His sacking was demanded by Ghana’s sports ministry the day after the defeat but only confirmed on Thursday, after a meeting of the Ghana Football Association’s executive the previous day.

“After considering three reports and engagements with key stakeholders, the GFA has decided to end its relationship with coach Milovan Rajevac,” a statement said.

“The GFA will soon announce the reconstituted technical team and management committee after due engagement with all relevant stakeholders.”

The 68-year-old Rajevac had only been back in the post for four months, in his second stint in charge of the Black Stars.

He was rehired in September after Ghana made a poor start to the 2022 World Cup qualifiers but recovered to win their group and qualify for the March playoffs, where they will take on Nigeria.

Rajevac was coach when Ghana reached the World Cup quarter-finals in 2010, before going on to national team jobs in Algeria, Qatar and Thailand.

The Serbian is the first managerial casualty of the Cup of Nations finals in Cameroon.

Source : Reuters 

Sierra Leone: National Migration Policy Launched

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The Government of Sierra Leone has formally launched the National Migration Policy with support from International Organisation for Migration (IOM)

The policy contains a comprehensive framework to improve and enforce administrative and legislative procedures towards migration’s management in Sierra Leone. It sets out several prescriptions on how to address some of the issues towards migration governance in the country.

Over the years in Sierra Leone, the governance of migration has been quite challenging as the country continues to grapple with responding to the consequences and impact of both regular and irregular migration. This is compounded by Sierra Leone’s comprehensive policy framework within which migration processes are governed.

“In Sierra Leone, young people see migration as a way out of poverty. Therefore, migration is becoming a threat to national development, peace, and security if it is not well managed” said Mangeh Sesay, who represented IOM Sierra Leone at the launch ceremony.

“So, IOM is very pleased to support the development and launch of the National Migration. The policy will now be the basis for better migration management and governance in the country” he added.

Sierra Leone’s Chief Minister, Jacob Jusu Saffa who launched the policy document on behalf of the President of the Republic of Sierra Leone said: “the Government places not only premium, but an equally great emphasis on human capital development, and closely linked to this is to facilitate citizens of Sierra Leoneans to realize their full potential’’.

“One of the ways to ensure citizens critical potentials can be utilized for their individual and national development is to ensure that the state promotes, and safeguard as requires the free movement of individuals both internally and externally of the country”, the chief minister explained.

The Migration Policy addresses issues related to diaspora engagement, border management, internally displaced persons, asylum seekers, return and reintegration, migration and national disasters, statelessness, human trafficking among others.

“The adoption of national migration public policies, to manage migration in a comprehensive way, addressing migration in all its aspects, is key. We welcome the very important step taken by Sierra Leone towards this goal”, said Juan Antonio Frutos, Deputy Head of the European Union Delegation to Sierra Leone.

He further stated that: “the EU remains strongly committed to better managing migration together with our partner countries, based on the shared and common responsibility of countries of origin, transit, and destination. We stand ready to support the efforts of Sierra Leone in this area”.

The development and launch of the policy were made possible thanks to the support of the European Union, and the Africa Regional, Migration Programme implemented by IOM, the Government, and other partners in Sierra Leone with support from the United States Bureau of Population, Refugees, and Migration.

SOURCE: International Organization for Migration (IOM)

IEC Discloses Calendar Of Activities For National Assembly Elections

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By Amara Thoronka

Gambia’s Independent Electoral Commission (IEC) has disclosed its calendar of activities for the National Assembly Elections at a one-day consultative forum with political parties, civil society organizations and the media on Thursday 27 January at the Sir Dawda Kairaba Conference Center, in preparation for the forthcoming National Assembly Elections scheduled for 9 April 2022.

According to the IEC, the notice of election, returning officers, polling, counting and collation centers was gazetted on 20 January.

The Commission disclosed that advertisement for election staff started running on 17 January and will continue until 30 January, encouraging qualified Gambians to apply for the advertised polling staff positions.

The issuance of nomination forms to aspiring candidates in the said election will take place in all IEC’s regional offices on 4 February.

The IEC noted that intending election observers should apply for accreditation to the Commission on 1 February, adding that the said accreditation will be issued by the IEC the following day (2 February 2022).

The Commission confirmed that it will train political parties and the police on 1 March, while training for the media will be conducted on 2 February.

Nomination of candidates for the assembly elections will be conducted at IEC’s regional offices from 5-13 March. Intended candidates are encouraged to engage the Commission on nomination issues and criteria as a way of preventing disqualification by the IEC.

Reconciliation of campaign itineraries of candidates will be done from 14 -16 March.

The IEC also disclosed that political parties and candidates contesting in the assembly elections will be supplied soft copy of the voter register from 14 -16 March.

Campaigns are scheduled to take place from 17 March to 7 April in all constituencies.

Candidates who want to withdraw their candidature has until 2 April to do so, as no withdrawal of candidature will be accepted after the said date.

Training of trainers will be observed from 18-20 March, while regional training of polling staff will take place from 1-3 April 2022.

The IEC will hold a briefing with election observers on 6 April, while the deployment of staff will be on 7 April.

The 8 April is cooling-off period as elections hold on 9 April 2022.

Rallying Call for Ex-President Jammeh’s Prosecution Intensifies

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By: Christian Conteh

The rallying call for the prosecution of former president Yahya Jammeh has continued unabated. Lead campaigner Reed Brody is with the International Commission of Jurists, he said he expected pressure to now mount on President Adama Barrow “to deliver justice without further delay for victims who have already waited five years, and in some cases much longer”.

“There is still a lot that needs to be done, but I wouldn’t be surprised if we see Yahya Jammeh in a court sooner rather than later,” said Brody.

Brody who is nicknamed the ‘dictator hunter’ shares this passion with several Gambians particularly those who were victims of Jammeh’s 22-year repressive rule. Brody is known to have played an instrumental role in bringing former Chadian President Hissene Habre to trial at a special court in Senegal.

Whether the Equatorial Guinean authorities would extradite Jammeh should criminal charges be pressed against him is yet unknown.

The much talked about Truth Reconciliation and Reparation Commission (TRRC) report blames the former president for several murders, torture, enforced disappearances, rapes and other crimes that constitute a crime against humanity during his 22-year rule.

“Over a period of 22 years, starting from July 22, 1994, Yahya Jammeh and … co-perpetrators committed very serious crimes against the people of The Gambia,” the Truth, Reconciliation and Reparations Commission’s report said.

The commission was set up in January 2017 by President Adama Barrow, whose election in 2016 put an end to Jammeh’s 22-year dictatorship.

Gambian Justice Minister Dawda A Jallow said the government was “committed to the implementation of the report”, but would not release a paper before May on how it plans to go forward.

COVID Hits One of the Last Uninfected Places on the Planet

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When the coronavirus began spreading around the world, the remote Pacific archipelago of Kiribati closed its borders, ensuring the disease didn’t reach its shores for nearly two full years.

Kiribati finally began reopening this month, allowing the Church of Jesus Christ of Latter-day Saints to charter a plane to bring home 54 of the island nation’s citizens. Many of those aboard were missionaries who had left Kiribati before the border closure to spread the faith abroad for what is commonly known as the Mormon church.

Officials tested each returning passenger three times in nearby Fiji, required that they be vaccinated, and put them in quarantine with additional testing when they arrived home.

It wasn’t enough.

More than half the passengers tested positive for the virus, which has now slipped out into the community and prompted the government to declare a state of disaster. An initial 36 positive cases from the flight had ballooned to 181 cases by Friday.

Kiribati and several other small Pacific nations were among the last places on the planet to have avoided any virus outbreaks, thanks to their remote locations and strict border controls. But their defenses appear no match against the highly contagious omicron variant.

“Generally speaking, it’s inevitable. It will get to every corner of the world,” said Helen Petousis-Harris, a vaccine expert at the University of Auckland in New Zealand. “It’s a matter of buying enough time to prepare and getting as many people vaccinated as possible.”

2021 Corruption Perceptions Index: The World at a Standstill

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By: Christian Conteh

This year’s Corruption Perceptions Index (CPI) reveals that corruption levels are at a worldwide standstill.

The CPI ranks 180 countries and territories around the world by their perceived levels of public sector corruption. The results are given on a scale of 0 (highly corrupt) to 100 (very clean).

While corruption takes vastly different forms from country to country, this year’s scores reveal that all regions of the globe are at a standstill when it comes to fighting public sector corruption.

At the top of the CPI, countries in Western Europe and the European Union continue to wrestle with transparency and accountability in their response to COVID-19, threatening the region’s clean image.

In parts of Asia Pacific, the Americas, Eastern Europe and Central Asia, increasing restrictions on accountability measures and basic civil freedoms allow corruption to go unchecked. Even historically high-performing countries are showing signs of decline.

In the Middle East and North Africa, the interests of a powerful few continue to dominate the political and private sphere, and the limitations placed on civil and political freedoms are blocking any significant progress.

In Sub-Saharan Africa, armed conflict, violent transitions of power and increasing terrorist threats combined with poor enforcement of anti-corruption commitments rob citizens of their basic rights and services.

The Gambia remained as the 102nd corrupt nation, only better than 78 countries, in a list of 180 countries gauged by Transparency International in 2021.

Marr Nyang, Executive Director of the civil society group Gambia Participates is of the view that there have not been proactive or sufficient efforts taken by the government to prevent the occurrence of corruption.

“The fact that the country scored the same points as of 2019 demonstrates that there have not been proactive or sufficient efforts taken by the government to prevent the occurrence of corruption both in the public and private sectors and then also detect and prosecute corruption cases and there has not been any law that has been legislated even though we are anticipating the next legislative assembly will pass the anti-corruption bill,” Nyang said.

‘2022 to 2027 is a Period to Press on for Accelerated Growth’-President Barrow Says

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Gambian President Adama Barrow has pledged to work to jumpstart the economy as he was sworn in for a second five-year term in office near the capital, Banjul.

Barrow, 56, came to power in 2017 by unseating his predecessor Yahya Jammeh at the polls. He comfortably won re-election last month with 53% of the first-round vote.

The United Democratic Party, leading opposition candidate Ousainou Darboe appealed the election results to the Supreme Court, alleging irregularities and corruption in Barrow’s campaign. The plea was dismissed.

“Today we can comfortably conclude that my election to another five years is a vote of confidence in my government, a vote of acknowledgement of my achievements,” said Barrow, dressed in a white cap and robe, after being sworn in on Wednesday before an audience that included several other West African heads of state.

“2022 to 2027 is a period to press on for accelerated growth, expansion and advancement. The focus now centres on economic development,” he said.

He has faced a challenge reviving the economy of mainland Africa’s smallest country. The coronavirus pandemic pushed the economy into recession in 2020, keeping away tourists from its white-sand beaches.

However, growth is estimated to have bounced back to about 5% last year. During his first term, he improved relations with many foreign countries that had cooled under Jammeh’s 22-year tenure and worked to restore civil liberties that were repressed during that period.

Jammeh was accused by human rights group of presiding over a government accused of a litany of abuses including death squads and torture.

During the swearing-in ceremony, Barrow reiterated a previous commitment to introduce a new constitution. He has previously said it would introduce presidential term limits but has not said whether that would prevent him from seeking additional terms.

Debates about presidential term limits have flared in several of Gambia’s neighbouring countries, including Ivory Coast and Guinea, whose presidents in 2020 used constitutional changes as reset buttons on their tenures to stay beyond the two-term limit.

Barrow had pledged as a candidate in 2016 to serve only three years if he was elected but later went back on that commitment.

Women Left Behind: Gender Gap Emerges in Africa’s Vaccines

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Health officials are confronting vaccine reluctance among African women, especially those of childbearing age

The health outreach workers who drove past Lama Mballow’s village with a megaphone handed out T-shirts emblazoned with the words: “I GOT MY COVID-19 VACCINE!”

By then, the women in Sare Gibel had heard the rumours on social media: The vaccines could make your blood stop or cause you to miscarry. Women who took it wouldn’t get pregnant again.

Lama Mballow and her sister-in-law, Fatoumata Mballow, never made the 3.4-mile trip (5.5 kilometres) to town for their vaccines, but the family kept the free shirt. Its lettering is now well-worn, but the women’s resolve has not softened. They share many meal preparation duties, child care, and their outlook on the vaccine.

“I definitely need a lot of children,” said Lama Mballow, 24, who has a 4-year-old son, another child on the way and no plans to get vaccinated. And Fatoumata Mballow, 29, struggling to get pregnant for the third time in a village where some women have as many as 10 children, quietly insists: “I don’t want to make it worse and destroy my womb.”

As health officials in Gambia and across Africa urge women to be vaccinated, they’ve confronted unwillingness among those of childbearing age. Many women worry that current or future pregnancies will be threatened and, in Africa, the success of a woman’s marriage often depends on the number of children she bears. Other women say they’re simply more afraid of the vaccine than the virus: As breadwinners, they can’t miss a day of work if side effects such as fatigue and fever briefly sideline them.

Their fears are hardly exceptional, with rumours proliferating across Africa, where fewer than 4% of the population is immunized. Although data on the gender breakdown of vaccine distribution are lacking globally, experts see a growing number of women in Africa’s poorest countries consistently missing out on vaccines. Officials who already bemoan the inequity of vaccine distribution between rich and poor nations now fear that the stark gender disparity means African women are the least vaccinated population in the world.

This story is part of a year-long series on how the pandemic is impacting women in Africa, most acutely in the least developed countries.

“We do see, unfortunately, that even as COVID vaccines arrive in Africa after a long delay, women are being left behind,” said Dr. Abdahalah Ziraba, an epidemiologist at the African Population and Health Research Center.

Source: The Associated Press

The Gambia’s AFCON Debut: From Underdogs to Title Contenders

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Will the Gambian beat Cameroon in the quarter-final?

By: Beng Emmanuel Kum

When The Gambia arrived in Cameroon for the Africa Cup of Nations, many thought they were just there to make up the numbers and won’t surely be a force to reckon with. But they have proved everyone wrong and have hit form at the continent’s premium sporting tournament in a devastating fashion.

The Scorpions have enjoyed one of the most spectacular debuts in the history of the Africa cup of Nations reaching the quarterfinals in their maiden appearance.

After finally ending a long wait to feature at the Nations Cup, The Gambia navigated a sequence of testing fixtures en route to reaching the last eight and will certainly look at their past games with great pride.

The statistics back up the assessment. Drawn in Group F of the delayed Nations Cup, The Gambia finished second on the logs with 7 points from three unbeaten games. They edged Mauritania 1-0 to earn their first-ever win, drew with Mali (1-1) and beat Tunisia (1-0) to seal a spot to the knock-out stage.

Their heads did not drop as they eliminated Guinea to reach the quarter-finals. In a nutshell, The Gambia won three of their four AFCON games scoring 4 goals and conceding just once.

The Gambia has produced some tactically brilliant displays and few teams have been able to match them for quality. Questions have been asked how a team that once looked doomed in the past, now seems increasingly capable to mount an unlikely title chase in a competition that provided them with dark moments.

They have three more hurdles to negotiate before they can claim the Holy Grail. Cherno Badja, a coach in Gambia and member of the country’s football players association believes the Scorpions are driven by the desire to improve and can do the unthinkable. “It’s beyond our wildest dreams being here, given the poor preparations we had before the tournament. But we are very happy and now we believe that we can go all the way and bring the trophy home,” he told Global Voices.

Out of Inconsistency Comes Stability

The Gambia has come a long way and its rise to prominence at the Africa Cup of Nations hasn’t been a straightforward journey.

Its history is dotted with frequent disappointment and failures. Before making their debut at the 2021 Africa Cup of Nations, The Gambia was the only West African country yet to qualify.

In 1975, they entered their first qualification for the Africa Cup of Nations but failed to reach the 1976 finals in Ethiopia after a humiliating 6-0 aggregate defeat to Morocco. Since then, there have been recurrent themes of frustration as every attempt to break the spell seemed futile.

In May 2014, The Gambia was banned from CAF competitions for two years after deliberately falsifying players’ ages. Due to the ban, Africa’s smallest mainland nation missed out on a chance of qualifying for the 2015 AFCON. That verdict from Africa’s football governing body only added more misery and pain to their quest of playing elite football on the continent.

But in 2019, they almost broke the jinx. They came so close to qualifying for their maiden competition after finishing four points behind second-place Benin. It was a new era for the team that was completely bolstered. During the qualifiers, they held Algeria twice to a 1-1 stalemate. Those were genuine signs they had recovered from their setbacks and had plotted to overturn their misfortunes.

Their remarkable form helped them to qualify for the following edition of the AFCON. It was an appropriate reward for their endurance and a well-established plan facilitated by an abundance of talents.

Kebba Touray, first vice president of The Gambia Football Coaches Association, who is also head coach of Bakau United FC, told Global Voices that “we’ve been yearning for this moment which has never come. Our first game and the first goal was a great moment in AFCON. I’ve followed the team through the qualifiers, and I’m not surprised. It is a tactically disciplined team.”

“Talent has never been our problem. In 2005, we hosted the Under-17 AFCON and won it on home soil. The same year we qualified for the African championship. From the Under-17 team, they graduated to the Under-20 where we went to the U-20 championship and ended up with a bronze medal. Then proceeded to Canada for the Under-20 World Cup. Rebranding sounds funny for many Gambians but I think that is what paved the way for us now,” Kebba said.

The Gambia’s domestic league has also been instrumental in the last couple of years. About 95% of the current squad is made up of locally grown players, most of whom started with community football. The championship is now highly ‘competitive’ and there have been improvements in the teams.

Their stunning debut at the Africa Cup of Nations means Gambian’s football will enjoy a new lease to life in future. With some Gambian players also attracting the interest of European clubs, there is optimism that more and more talents will make moves abroad. Kebba further asserts that:

The league has been very competitive and very positive. Now we see players moving out of the country which is a sharp contrast from the olden days. Overall, it has been very much progressive for The Gambia. Now, I think the players have opened up to the world and the world has seen what The Gambia is made of. Although people are moving out of the country to play professional football in Europe, I think this time around people will know that there are talents in that small, tiny country.

Buba Jallow, a Gambian football expert who’s been covering the team for the last five years believes it’s high time for football in the country to gain elevated status after several years in bondage.

“Some players didn’t have opportunities. We had talents at our disposal but we didn’t have the exposure. That’s why we have arrived late at the continental stage. Our performance at the AFCON is a wake-up call for the government, for the entire private sector to invest more in sport, especially our football. The success and the story of Scorpions will pave the way for greater opportunities in Gambia,” Jallow said.

Poised for Victory Against the Host?

The Gambia faces host nation Cameroon in their first-ever quarter-final of the Africa Cup of Nations on Saturday, January 29, at the Japoma Stadium in Douala.

The game promises to be full of twists and turns. But the Scorpions will fancy their chances and pose a real threat to five-time African champions, the Indomitable Lions.

It will be another huge challenge for coach Tom Sainfiet who was appointed in 2018. By then, The Gambia was ranked 172nd in the FIFA rankings but today they have settled at the 150th position.

Saintfiet, a former gaffer of Togo and Zimbabwe national teams has no doubt been one of the main catalysts behind their decent display. He has been able to turn young prospects into a team capable of playing at such an elite level and plausible winning titles. Jallow further emphasised that:

I think the Gambia can go a long way. I’m optimistic. This is a unique story. The coach has been putting a lot of confidence in these players and the players in turn believe in themselves. This AFCON means a lot to the Gambia as a nation. The more games we have, the more our confidence swells.

There have been celebrations throughout the tournament since we won against Mauritania. We believe in ourselves. The last time Cameroon won the Africa Cup of Nations in 2017, they didn’t have the best squad. They had a good coach and great players but it wasn’t the best of the team. And Zambia also did so when they won the Africa Cup of Nations back in 2012. All these are inspirations especially for the players.”

 

 

 

Gambia: The Only Anglophone Nation In AFCON Quater-Finals

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By Dawda Baldeh

The ongoing TotalEnergies Africa Cup of Nations (AFCON) in Cameroon started with 6 groups (Group A-F) featuring 24 African countries.

Both the Group and Round 16 knockout stages have ended. It is now the quater-finals where 8 countries are to lock-horns in 4 matches.

The eight African nations in the quarter-finals are: Gambia, Cameroon, Burkina Faso, Tunisia, Egypt, Morocco, Senegal and Equatorial Guinea.

Cameroon, Burkina Faso, Senegal and Equatorial Guinea are francophone (French speaking) countries; while Egypt, Morocco and Tunisia are Arabic speaking nations.

Interestingly, of these eight, only THE GAMBIA is an anglophone (English speaking country) and the small West African nation is at AFCON for the first time.

Football enthusiasts across the world are still shocked by the consistent impressive performance of the team from the qualifying series to the group state, Round 16 and now quarter-finals.

The Scorpions of The Gambia remain unbeaten so far, as they won two and drew one of their three group stage matches. They recently eliminated Guinea in the Round 16 Knockout Stage.

The Scorpions will now face the host of the 2021 AFCON tournament (Cameroon), in the quarter finals, on Saturday 29 January 2022 at 4pm Gambian time.

Cabinet Ministers Take Oath Of Office Before President Barrow

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By Sarjo Brito

One week after his presidential inauguration, President Adama Barrow has today Thursday 27 January 2022, presided over the swearing-in ceremony of Cabinet Ministers at the State House in Banjul. The caretaker Cabinet consists of immediate past cabinet ministers who will continue to hold the same portfolios.  All Ministers, except the Minister of Youth and Sports who is currently in Cameroon with the national team, took their oath of office before the Head of State.

Speaking to the Ministers shortly after they swore to the oath of allegiance, President Barrow thanked his cabinet for accepting their appointments and their contribution in the governance process of The Gambia the past five years.

‘’I will not do justice to you if I do not publicly declare my appreciation and gratitude for your laudable efforts and the commendable commitment you demonstrated during my first term in office. You executed your duties responsibly and responsibly and with devotion to ensure that we succeed together on our development aspirations’’

‘’we have managed to create a legacy that will visibly go down in the history of The Gambia. I believe that no matter how long one serves in public office, it is more important than anything else to sincerely make the best use of the opportunity put at our disposal to serve the nation. Longevity does not matter as much as the quality and significance of the service we provide to our people and nation while in office.

President Barrow said while this is just a transitional cabinet, all Ministers sworn in today are expected to perform their functions with the oaths they took today and within the law, and the rules and regulations that govern public office.

FARD Submits Recommendations To Address Insecurity In Foni

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By Amara Thoronka

Foni Agency for Rural Development (FARD) has in a press release submitted recommendations to the Gambian Government following the clash between ECOMIG and MFDC rebels in Foni.

“We are appalled by continued occupation of our region by foreign troops and as an organisation representing our people; we submit the following to the state: immediate review of the security posts in Foni and demilitarisation of the area; replacement of the Senegalese with Gambian Security Forces; immediately ban all timber exports via the area; deployment of Gambia National Army around the border and removal of the security check point in Bwiam ,” the organization submitted.

FARD noted that since the incident occurred on Monday 24 January 2022, the people of Foni have been finding life very challenging leading to loss of lives and displacement of many.

“The past few days have been moments of sobering reflection as dark clouds of fear, anxiety; pain and trauma hover menacingly over the people of Foni. The Monday 24 January clash between Senegalese ECOMIG soldiers and MFDC rebels within Foni has disrupted the peace and tranquil of our people. The ugly incident has forced many to flee their homes for fear of losing their lives in a war that has nothing to do with them.”

“The incident has us thinking in many directions. Are we a people of a lesser god? Are we not sovereign citizens? Why are we treated differently and finally, why the continuous occupational forces in Foni and if for security reasons – why not have Gambian military or Ghanaians or Nigerian forces in Foni – Why Senegalese forces with the full knowledge that Foni has close proximity with southern Senegal (Casamance) who are sworn enemies with the MFDC rebels,” they explained.

The Organisation said the focus should be on finding a lasting solution to the issue in Foni.

“Today, besides mourning the death of both the military and rebels who lost their lives in this avoidable scenario – we ask ourselves is this sustainable – the answer is NO – is it avoidable – the answer is an emphatic YES. Since hearing, this unfortunate news, Foni Agency for Rural Development (FARD), has sprung to action to show solidarity to our people and gather some resources to help victims who have been internally displaced. This is a short-term reprieve to help our people but what should we do to have sanity, security, safety, peace and dignified living conditions in Foni.”

The emphasized that, “The presence of the Senegalese Forces in our region since 2018 has in no way given us a feeling of safety but rather makes us feel like objects of suspicion. Our people suffer constant intimidation and harassment whilst our women suffer sexual exploitation and abuse. Furthermore, the ill placed security checkpoint in Bwiam has caused several accidents yet there is continued indifference about it.”

FARD stated that Foni has always been known for peace and security but warned that their silence and niceness as a people cannot and should not be taken as cowardice.

President Adama Barrow has already constituted a committee to investigate the issue in Foni.

UDP Strongman Momodou Sabally Announces National Assembly Election Bid

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By Sarjo Brito 

Gambia’s ex-Secretary General under Yahya Jammeh’s presidency and onetime Budget Director, Momodou Sabally has announced his intention to run for the forthcoming parliamentary election slated for April 9th, 2022. The youngest SG now dubbed Darboe’s right-hand man is seeking his election under the ticket of the United Democratic Party. In a statement shared on his official Facebook page, Sabally announced to his followers that he has formally submitted his letter of intent to the selection committee of the United Democratic Party’’

‘’ I have formally submitted a letter of intent to our relevant party officials in my bid to stand for the UDP in the upcoming National Assembly Election for the powerhouse, Busumbala Constituency’’

Sabally promise to pull off a landslide victory if selected by his party to contest the Busumbala constituency seat. Momodou Sabally in a widely circulated audio said his reason to run for Parliament is due to the many appeals he received from community elders and the youths. When elected he said, he’ll serve to attain amongst other things the protection and promotion of the sovereignty of the republic of The Gambia, improvement of the welfare of the residents of Busumbala Constituency, Fight for responsible and responsive fiscal policy so that Gambian taxpayers get their money’s worth in deliverables, promulgation and promotion of real youth and women’s empowerment legislature and supporting environmental protection and Cultural authenticity.

While the selection process is still ongoing at party level, Momodou Sabally said few party members who wanted to contest the seat have decided to withdraw their application following his announcement to run as a show of support to him.

Justice Mahoney Calls For Amendment Of State Proceedings Act

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By Amara Thoronka

Justice B.V.P Mahoney has called for the amendment of Gambia’s State Proceedings Act which he describes as a ‘pre-independence law’ that gives the State ‘blanket protection.’

He made the call for amendment to the said law on Tuesday 25th January 2022 when handing in his ruling on a motion in the ongoing case between the Kanifing Municipal Council (KMC) versus the Minister of Lands and the Attorney who recently established a commission of inquiry to probe into corruption allegations at KMC. In the said case, which is in progress, KMC had filed in a motion for the court to restrain the commission from progressing with its inquiry proceedings.

Citing supreme court cases in which the State Proceedings Act was referenced, Justice Mahoney ruled that the said law, in cases of such, prevents the court from restraining public officers in the exercise of their statutory powers.

“I must confess that I find it hard to digest that the State Proceedings Act would give such blanket protection to the State to make any decision which although the courts are permitted to review or even set aside but cannot in any circumstance prevent the performance of the impugned decision until the final hearing of the dispute.”

Also on State Proceedings Act, Justice Mahoney quoted from page 5 of the Gambia Supreme Court ruling in the case of Gambia Participates versus The Clerk of Parliament & 3 others dated.

“It is by virtue of this provision [section 17(2) of the State Proceedings Act] that no relief pertaining to an injunction or specific performance will be granted by a court against the State in any civil proceedings.”

The high court judge therefore called for an amendment to the State Proceedings Act.

“I am of the humble opinion that the provision in the State Proceedings Act, which is a pre-independence Act, ought to be revisited as injunctions may be granted against the State in many other jurisdictions which, if were not available, would have resulted in great material loss or breach of fundamental rights.”

When ruling on cases before them, judges sometimes give their opinions on legal issues to enhance fair justice, peace, orderliness and positive change in society.

Justice Mahoney Dismisses KMC’s Application To Suspend Inquiry Proceedings

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By Yerro Mballow

Justice Basirou V.P.Mahoney has dismissed application made by Kanifing Municipal Council (KMC) to suspend proceedings of the Commission of Inquiry recently set up by the Minister of Lands, Regional Government and Religious Affairs.

The said Commission of Inquiry was formed to probe into corruption allegations at the Kanifing Municipal Council under the leadership of Mayor Ahmed Talib Bensouda.

In his ruling on the application made by KMC in the ongoing case, Justice Mahoney said the court cannot grant such application.

“The 1st Respondent (the Minister) exercised his power under the Local Government Act, rightly or wrongly, and is presumed to be regular until determined otherwise in the main suit. The Commission of Inquiry was established and gazetted. Going by the Supreme Court decisions in Ya Kumba Jaiteh v The Clerk of the National Assembly and Gambia Participates v The Clerk of the National Assembly, no court can restrain the power exercised by the State. It is noteworthy that in the instance matter, although the application is for a stay of proceedings of the Commission, its effect is to restrain the performance of the official act of the 1st Respondent which going by the above mentioned Supreme decisions, cannot be granted and is hereby dismissed,” the ruling stated.

Citing precedents, Justice Mahoney noted that the court is bound to follow the decisions of the Supreme Court in the case of Ya Kumba Jaiteh versus Clerk of the National Assembly; and that of Gambia Participates versus The Clerk of the National Assembly which affirm that no court can restrain the performance of power exercised by the State.

It should however be noted that the said ruling is just for application (motion) made by KMC for the court to restrain the Commission of Inquiry from continuing with its proceedings. The ruling is not for the substantive (actual) case which challenges the legality of the establishment of the said commission.

The hearing on the substantive case comes up on 31st January 2022.

President Barrow Sets Up Presidential Taskforce To Investigate Foni Incident

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By Sarjo Brito

Gambian President Adama Barrow in a press statement dated January 26, 2022, says he has set up a Presidential taskforce effective immediately, to investigate Monday’s incident in Foni where Senegalese soldiers clashed with elements of the separatist group MFDC. The exchange between the two groups on Gambian soil claimed the lives of two Senegalese soldiers and displacing many of the civilian population living around the border villages.

‘’Given the urgency of the situation, President Barrow has immediately constituted a Presidential Taskforce to thoroughly investigate the incident. For a more inclusive and transparent investigation, the Presidential taskforce draw membership from key Government institutions and the ECOWAS Permanent Mission in The Gambia’’

The Gambian leader in his press release says he sympathises with the people of Foni after a threatening situation which has disrupted their daily activities and forced many to flee for safety.

‘’Mr Barrow is particularly touched by the pain and suffering of the people of the satellite villages of Kampant, Kappa, Ballen and Buginga and assures them of his government’s unflinching commitment to ensure lasting peace and security within their communities. Therefore, the people of Foni and the people in general are urged to go on their normal business as the situation is under control and Government wishes to ensure all, that it has no plans to use The Gambia launchpad for cross border attacks’’

President Barrow also shared his condolences to the ECOMOG Command, The ECOWAS Community, and the bereaved families of the fallen Senegalese soldiers.

 

Gambia Government Refutes Report On Parliamentary Summons Of Tourism Minister

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The Gambia Government has in a press release dated 26 January 2022 refuted publications on the parliamentary summons of the Minister of Tourism Hamat Bah Over Corruption allegations at Gambia Tourism Board.

“The Gambia Government strongly believes that story which was subsequently reproduced across various Social Media platforms was false and malicious calculated to defame the character of the Honourable Minister and bring the Government into disrepute as Hon Bah was never given the opportunity to respond to the summons allegations. Minister Bah is one person who has never hesitated to answer queries from journalists and does not shy away from public scrutiny,” the release stated.

“As echoed by the rejoinder from the Clerk of the National Assembly dated 25th January 2022, the Petitions Committee is investigating the claims by the staff of The Gambia Tourism Board (GT Board) and fair hearing will be granted to all  those who are adversely mentioned,” it clarified.

It emphasized, “While remaining committed to public scrutiny, The Gambia Government encourages media practitioners and social media content creators to verify their stories consistent with standards of journalistic fairness”

President Barrow To Swear-In New Cabinet Tomorrow

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According to a release from the President’s Office, President Adama Barrow will tomorrow 27 January 2022 swear-in a new cabinet in accordance with Section 71 (3) of the Constitution of the Gambia. This comes a week after the President took oath of office at the Independence Stadium in Bakau.

‘’The public is hereby informed that in accordance with Section 71 (3) of the Constitution, the swearing-in ceremony of Cabinet will be held tomorrow, 27th January 2022 at the State House in Banjul. The ceremony which will be graced by His Excellency President Adama Barrow will take place at the State House Grand Tent at 10:00 AM,’’ the release noted.

A day after his second inauguration as President of The Gambia, President Adama Barrow constituted a caretaker cabinet which he said will administer the affairs of the country until further notice.

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