Justice Basirou Mahoney on Tuesday ruled that the actions of the Mayor of Banjul Rohey Lowe in issuing attestation to the people of Banjul ran counter to the law. The appellate court justice also ruled that the action of the IEC in conferring the power on the mayor of Banjul to issue attestation contravened the Elections Act.

He ruled in a judgment that lasted nearly an hour: “Let me conclude by emphasizing there is no carte blanche or free hand for public bodies and authorities to perform their functions. They’re required to act within the law, intro vires, and not outside the law or ultra vires. This accords with the doctrine of separation of powers and rule of law.

“In light of the above, the following declarations are hereby made; one, it is declared that the actions of the mayor of Banjul in issuing attestation to the constituents of the city of Banjul in the Independent Electoral Commission general voter registration exercise are in contravention of Section 12(2)p(e) of the Elections Act.

“It is also declared that the action of the Independent Electoral Commission in conferring the power to the office of the mayor of Banjul in administering attestation form generated by the IEC for the purpose of [] voter’s cards in the city of Banjul are in contravention of Section 12(2)(e) of the Elections Act. I award costs of D20,000 in favour of the appellants.”

Two civil society groups and a councilor in Banjul had last month sued the mayor of Banjul, the IEC and the attorney general arguing that the mayor was acting unlawfully in issuing attestation in Banjul.

It came amid a huge controversy during which the mayor herself insisted she had the power to issue attestation and asked her critics to go to court.

In his judgment however, Justice Mahoney argued Banjul already had a law around the issue of birth where every child is required by law to be registered at birth and have a birth certificate unlike other parts of the country.

On the demand for the over 2,000 attestations the mayor had issued to be scrapped, the judge ruled: “Only the revising court can deal with individual entries in the register of voters.”

Police officer Lisa Colley on Tuesday picked up from where she stopped in the rape trial of businessman Bubacarr Keita.

Colley had on July 7 testified they went to the Serrekunda General Hospital after visiting Mr Keita’s house in Tabokoto a day prior.

On Tuesday, she told Judge Momodou SM Jallow: “I left with the victim and the victim’s elder sister accompanied with a brother. I don’t know the name of that brother. On our arrival at the hospital, we first visited the labour ward. There we met a nurse, a lady but we don’t know her name. The matter was explained to her. Then the victim was asked to lie down on the bed. There, the said nurse did the checking. There she confirmed that there is a pregnancy of four to five months. From there we were sent to one of the senior doctors whom I later know to be Dr Daffeh.”

Alasan Jobe prosecuting asked her who referred her to Dr Daffeh and the witness replied that it was the nurse “we met at the labour ward”.

She continued: “On our arrival at Dr Daffeh’s office, the matter was narrated to him. Myself, the victim, the elder sister and Dr Daffeh himself took us to a an office, there is a bed where the victim was asked to lie on that bed. The victim was asked to undress a second time and lie on that bed. She was examined for the second time by Dr Daffeh again.”

The witness then explained when asked by Jobe how Dr Daffeh examined her: “He put on gloves, he used a torch light where the victim was asked to spread her legs. There Dr Daffeh came in and did the examining. Dr Daffeh used his hand and put it in the private part of the victim who was lying on the bed. He held something in his hand that he used to examine the victim but I don’t know the name of the instrument. When he was done, the victim was asked to come down and dress up.

“Dr Daffeh confirmed that the victim was four to five months pregnant too. Dr Daffeh wrote the remarks he examined from the victim in the police medical book. The police medical book was signed by our office before we departed.”

According to the witness, they were assigned by their OC at Bundung station to write a report about the case “which I did and it was attached to the file and the file was sent to Bundung Police Station to our OC’s office”.

Elsewhere, the witness said she came to know about the complainant’s boyfriend Pa Modou Johm “during the case”. When asked how she knew who he was, she said “at that time they said he was boyfriend to the victim”. She also said Johm was charged but not at her level.

Still on Johm, the prosecuting lawyer asked her if she had anything or any evidence linking Johm to the alleged rape of the complainant but the witness said she did know much about Johm.

“In Pa Modou’s case I do not know much about him. The only part I know about him is when text messages were printed, he was communicating with the victim,” she testified.

The prosecuting lawyer then sparked protest from the defense when he asked the witness if text messages between the complainant and Johm showed or suggested they were intimate. He then withdrew the question after the defense counsel Lamin Camara argued it was against the principle of evidence to question a witness on something that is not before the court.

Moving on, the prosecuting lawyer then gave a document to the witness and asked if that was the report she prepared. The witness said it was the report. She said she identified it through her signature when the prosecuting lawyer asked how she was able to identify it. The report was then admitted as a prosecution exhibit.

More follows…

Top Gambia Alliance for National Unity chieftain Modou Sanyang has left the party to join United Democratic Party.

Bwiam native Modou Sanyang was the national mobiliser of GANU, the Sheikh Tijan Hydara-led party.

UDP national organizing secretary Talib Ahmed Bensouda announced the development saying it took place on Monday.

By Sarjo Brito

The latest situational report from the Ministry of Health has shown an increase in COVID-19 cases in the country.

The 339th national sitrep shows that 46 cases have been registered as of July 9th,2021, bringing the total number of COVID cases to 6,328 cases. No new COVID related deaths were registered during this period, leaving the total number of COVID related deaths at 185.

While other parts of the world brace for a possible third wave of COVID-19, majority of Gambia’s population have become extremely relaxed on following COVID-19 guidelines and regulations. As movement continue to be restricted and the wearing of face masks still mandated in some countries, people continue to go about their businesses in The Gambia without following the basic safety guidelines.

There have been growing concerns amongst some Gambians on the total relaxation of some of these guidelines as reports of a possible third wave hits neighbouring Senegal. International Organisation UNICEF has cautioned that the country must not let its guard down as people continue to ignore COVID-19 protocols.

GMC leader and former Interior Minister Mai Fatty took a trip down memory lane in a post detailing his arrest and subsequent jailing in his teen years for defending national interest. The GMC leader said he stood up for this country when it was not fashionable and extremely dangerous to do so.

He wrote Monday: “Throughout my entire life, since school days, I committed myself to public welfare. I was sent to jail in my teen years during school hours and in uniform, direct from the classroom for defending the national interests. I was tortured and marginalised at the prime of my youth, long before 99% of existing political parties and their leaders thought of public affairs. During my active days in practice as a Lawyer, most of the cases I defended were in the public interests for little or no pay. I survived an assassination attempt on my life during the dictatorship on account of asserting the right to human dignity and for the same reason, I flee into exile, leaving everyone and everything dear to me here at home.

“In exile, I remained on the vanguard to free this Nation and led a formidable leading role in the return to democracy in December 2016. By Allah’s Grace, and with the support of a committed Team, national security was forcefully established and stabilised at one of the most volatile periods of the transition. I performed my obligations as Interior Minister to the people to help secure, protect lives and property, while enforcing the rule of law to assure peace and stability throughout the country.

“I stood up when it was not fashionable and perilous to do so. I am in this fight not for personal glory or economic gains but as evidenced by my life history, for the people. I sacrificed everything and served the people of this country all my life and will continue to do so. In the entire process, I maintain with pride that I am ready and willing to be subjected to extensive public accountability with regards to management of public funds. I may have made some policy decisions with the best of intentions and faltered in some of those, but I am a Leader with proven integrity in public office. The Gambia is my Constituency and each Gambian matters. Without you, there is no me. My goal is to bequeath a transformed Gambia to our children, radically different from what we inherited. Its possible. Its doable.”

Seedy Njie has slammed as ‘biggest lie of the 21st century’ claims by GDC national youth president that 300 supporters of NPP cross-carpeted to GDC.

In a rebuttal sent to The Fatu Network, Mr Njie said: “I read a news article on The Fatu Network purportedly from GDC’s MC Cham Jr which is accompanied by photo indicating that over 300 NPP Supporters in Sarre Abdou defected to GDC this, is the biggest lie of the 21st Century.

“The photo posted shows a crowd of less than 300 including GDC’s mobile. It defied sense and logic to address a gathering fifty people and claimed 300 switched allegiances is the height of deception and falsehood. We’ve checked our records and officials on the ground none of our party officials from National level to village level knew the said Chumban Bopp.

“I can safely say not a single person has ever defected from NPP to GDC. Politics of deception is history in this country. This fake news is baffling and incomprehensible no one in his right sense will move from the biggest and a major party like NPP to a dying party such as the GDC that virtually operate as a brief case party.

“Gambians prides themselves with the National People’s Party which is development oriented, tolerant, peaceful, law abiding, respect for people’s liberties and rights. This is false, and millions miles away from being the truth. Gambians choose hope, honor, dignity, freedom, policies, programs and unison over fear, intimidation, bullying, tribalism, insults and terrorization.

“The mantra of “Nyato taa “ is the guiding principle of our Party leader His Excellency President Adama Barrow who is preoccupied in improving the livelihood of Gambian. The GDC’s false publication can best be described as ‘fooling oneself’.”

By Reuters

Senegal reported 529 coronavirus cases on Sunday, a record in new daily cases there since the start of the pandemic, and a sign that the third wave of infections was gaining speed.

The growing infection rate has alarmed authorities, but they have stopped short of imposing stringent measures to curb the spread after previous restrictions led to economic hardship that helped to fuel violent protests in March.

Senegal has reported 46,179 coronavirus cases since the start of the pandemic, and 1,194 deaths. So far it has vaccinated close to 600,000 from a total population of around 16 million.

Reuters data shows that the seven-day average for new daily coronavirus infections in Senegal has risen to 194, a third below what the rate was during the peak of the second wave in February.

President Adama Barrow has returned fire to critics who say he sleeps on the job blasting that the comment comes from hypocrites.

Speaking in Sami while laying the foundation stone of the electricity project for Laminkoto and Diabugu-Batapa on Saturday, the president said: “They ridicule me in this country… that you have a president that is chicken-hearted, a president that doesn’t talk, a president that is not educated, a president that sleeps but on the 4th of December, I will wake up.

“I do hear these statements but all these statements are hypocrisy statements. The reason hypocrisy is bad is because you deny what you see or know. And those who understand Mandinka say a hypocrite never stops until he sleeps or dies.

“When I was standing as a candidate in 2016, all these people saying I’m faint-hearted where all hiding under the bed. So one would be lying if he says the knife that killed an elephant cannot kill a chicken.”

GDC national youth president MC Cham Jnr has said 300 supporters of NPP have left the party to join GDC.

According to Mr Cham, the mass defection took place on Sunday in Sare Abdou led by NPP man Chumban Bobb.

Mr Cham said: “Chumban Bobb facilitated the meeting and the defectors announced their departure from the NPP and assured the GDC of their unwavering support.

“The new members of the GDC party express their disappointment on the day government and assured the GDC of their unflinching support and hard work for the party.

“We welcome the newly members and  without no pessimistic of doubt I thank them for their bold and right decision in choosing the GDC.

“I thank the committed GDC delegation which comprise myself, Remeh Jagne, Hon. Omar Ceesay, Dodou Ndow GDC diaspora PRO and Fatou Suwareh for a fruitful engagements with the newly members.”

GDC’s Ebra Topp has left Gambia Democratic Congress and joined President Adama Barrow’s National People’s Party.

Mr Topp met President Barrow on Sunday in Mankamang Kunda where he vowed to support the president.

Mr Topp is the GDC’s ward charman in Kudang, according to NPP top official Seedy Njie.

The politician ditching GDC comes the same day UDP lost Amadou Manneh.

The United Democratic Party has lost its chairman in Upper Fulladu constituency to National People’s Party.

Amadou Manneh met President Adama Barrow in Mankamang Kunda on Sunday where he declared his support for NPP, the party’s deputy spokesman Seedy Njie said.

UDP spokesman Almamy Taal could not immediately comment on the development.

UDP leader Ousainou Darboe has said every politician in the country wants to be like him in Kombo South.

Meeting with supporters from Gunjur on Wednesday, Mr Darboe said: “I swear by this hour every politician in this country wants to be like Ousainou Darboe in Kombo South. We have not voted yet and you’ve shown me I will win.

“I know it’s all going to happen with God’s help but it’s going to be based on the work you all are doing. So I thank you.”

Mr Darboe also cautioned: “You will hear them insult my mother a lot but they will turn to you too. Butlet’s ignore those things.

“Our party is composed of decent and disciplined people. Those who insult belong elsewhere. And let’s continue to talk to those who are not supporting us to join us.”

The Gambia Democratic Congress has called on the government to immediately provide support to victims of the deadly windstorm on Wednesday.

In a statement signed by spokesman Omar Ceesay, GDC said: “Following the destructive rainstorm on the night of Wednesday 7th July, 2021 resulting in the loss of lives and properties of many families and communities in The Gambia, the Gambia Democratic Congress under the leadership of Hon. Mamma Kandeh wishes to extend heartfelt condolences and sympathy to the affected families.

“Honorable Kandeh calls on the Government to quickly and transparently provide support to the victims and communities affected by this disaster. Similarly, the GDC is urging Corporate bodies and individuals to extend the usual solidarity and material support to those affected. Be rest assured that GDC will always be in the forefront in providing succor to Gambians in need.”

Dr Ismaila Ceesay spent the day Friday surveying the devastation caused by Wednesday windstorm and to console victims.

Ten people died due to the powerful windstorm which also blew away power lines, roofs of houses and knocked down trees and  fences.

Dr Ismaila Ceesay and CA officials travelled around the West Coast Region on Friday to assess the damage.

And in a statement, the party said it “extended its sincere sadness to all affected families and further rendered humanitarian support to all the visited affected households and families to help them rehabilitate and restore their valuable loss”.

“The party strongly share the pains and sufferings that the victims are currently facing, and hereby encourage every person to extend all forms of support to the affected households and families.

“We wish to thank the NDMA Brikama unit for the guidance and collaboration with us to manifest solidarity with the victims. We pray that Allah grant all those who lost their souls the highest Jannah,” the party said.

The government has activated the country’s emergency preparedness and response plan over the deadly windstorm on Wednesday night that killed 10 people, President Adama Barrow has said.

Addressing the nation on Friday, Mr Barrow said: “I wish to inform all citizens and residents of the country that my government is fully aware of the scale of the damage caused by this natural tragedy. We have since taken immediate steps to redress the situation.

“Working with the National Disaster Management Agency NDMA and the relevant line institutions, the government has activated the country’s emergency preparedness and response plan.

“The National Disaster Management Agency deployed around the country are working tirelessly to assess the full extent of the damage and they are instituting measures to mitigate the effects of this natural disaster.”

A self-proclaimed marabout in Senegal Kounkande has announced he will split the Soumbedioune river in August.

Kounkande has been making headlines in Senegal after his bold announcement. He said he was out to teach his fellow marabouts in Senegal a lesson that he is no match of theirs.

He told one local media: “What Prophet Musa was able to do, I can also do it. I will take all of you to the Soumbedioune river and tear it into two.

“There are people doubting it. But I will go with all of you and I will split the river and walk across. I know the invocation Prophet Musa recited and caused the sea to split. I have the secret.”

The self-proclaimed holy man said he will make seven land bridges out of the Soumbedioune river in August on the 10^th day Muharram otherwise called Yawmul Ashura. He said his enemies will drown in the river on that day.

Musician Gee has taken aim at the nation’s political leaders after comments by UDP leader Darboe for tree planting after Wednesday night’s windstorm.

UDP leader in a tweet on Thursday said his party is committed to its founders day declaration of planting a tree for each Gambian.

“We must commit to tackling climate change and making sure sustainable solutions are in place,” Mr Darboe said in his tweet.

But Gee while sharing Darboe’s tweet wrote: “Instead of going all out to make sure the families of those that lost their homes are in proper shelter, clothing, eating, etc, we’re being educated and being asked to plant a tree. It’s sad to say but a GoFundMe works quicker/better than our government/political parties.”

Dr Ismaila Ceesay has revealed he was in Manduar when tension broke out between citizens of the village.

The Mandinkas and Wollofs in Manduar clashed among themselves last month over voter registration when the former refused for the latter to have their own alkalo issue attestation to his own people.

Speaking on the issue on Thursday, Citizens’ Alliance leader Dr Ismaila Ceesay said he visited Manduar as the tension unraveled.

Dr Ceesay said he was told it was Seedy Njie who caused the confusion.

He said: “I was there. I went to Manduar but I mostly spent time at the police station speaking to both sides. I was there when the youths were arrested and taken by the paramilitary. What I know is that a village like Manduar normally should have one alkalo. Why they have two alkalos? I don’t know.

“But when I was on the ground, I was made to believe that a top NPP official caused the confusion. In fact he was there with a stamp. They told me Seedy Njie was there and I got multiple reports that Seedy Njie was there on that morning and that he caused the confusion. That he took a stamp and give it…

“That’s what they told me. Like I said these are reports that are still not verified. That he took a stamp and gave it to the other alkalo. That he caused all the trouble and then he left immediately when things started to flare up. But this is something I have not really verified.”