Wednesday, July 23, 2025
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MINISTERS TAMBADOU & FAYE ON PUBLICITY ESCAPADE

I was last week vaguely informed by a colleague that Defense Minister Shiekh Omar Faye submitted a defense bill to the national assembly for ratification, a cheerful surprise until its details revealed how it had merely been about the three-decade-old-defense assistance rendered by the Turkish government since the PPP days.  It obviously looked like a propaganda stunt pulled by the minister to mislead the Gambians about defense agreements with foreign nations being finally and transparently brought before the National Assembly (NA) at a time when skeptical Gambians demanding more candor over all the defense treaties signed between Presidents Mackey Sall’s and Adama Barrow’s governments in 2017 gains increasing momentum.

I don’t know what the terms and conditions of the original agreement between the PPP and the Turkish governments were and whether or not it was over the years ever ratified at the NA level, but since its enactment in the early 90s, one can attest to its uninterrupted continuation regardless of the three regime changes in the country and has always served its intended purpose. Which indeed has been to enhance the technical and tactical capacity of the 1982 Senegalese-founded Gambia National Gendarmerie by providing the detachment with the desired educational, material and moral support. So other than a publicity feat I find nothing special in the whole exercise of bringing the matter forward to the NA. What we now expect and deem more consequential from the defense minister is to submit to the NA for both scrutiny and possible ratification the classified 2017 defense treaties signed between Senegal or ECOWAS and the Gambia that indefinitely prolongs the presence of two foreign forces in The Gambia; i.e., ECOMIG and the Senegalese troops compounded by the perplexing question over why France is so committed to funding the costly mission. No sane person will subscribe to the postulation that the French  are paying D700,000,000. 00 per annum to the occupying forces for the mere love of Gambians and the Gambia. I will always remain steadfast in my assumption that the whole French/Senegalese scheme is hinged on a broader and rather stealthy political and economic objective, until proven otherwise. It is only another crafty venture by the French and Senegal with the Barrow government that had twice been undertaken with the PPP and APRC governments but with unfavorable ramifications.

A similar political ruse was equally clinched by Justice Minister Baa Tambadou  when he presented another insignificant so-called extradition bill between Senegal and the Gambia, as if the whole deal was a groundbreaking achievement by the new government. Far from it, I stand to be corrected that if not perverted by underlying political wrangling, extradition covenants formalized or not between the two countries have always existed, mostly perpetuated by commonsense and reciprocated-neighborly obligations. For instance, despite the prevailing impediments between President Abdou Joof and President Sir Dawda Jawara, at the time, following the unceremonious disintegration of the confederation in 1989 and the subsequent replacement of the senegalese forces in the Gambia by Nigerian troops in 1992, when Pape Samba Mboup accused of shooting and killing Maitre Babacar Saye, Senegal’s vice president to their constitutional courts in 1993 fled to the Gambia, the PPP government wasted no time in apprehending and extraditing him to Senegal. That ultimately led to the freedom of then opposition party leader Abdoulaye Wade and three of his party associates arrested and charged with complicity in the murder case.

Also when Farafeni Barracks was attacked by Kukoi’s Liberian-groomed mercenaries in 1996 and the three-rebel assailants of eight of our gallant soldiers, John Dampha, Sulayman Sarr and Essa Baldeh escaped to Senegal, President Abdou Joof’s government upon locating their hideouts immediately arrested and flew them back to our custody for prosecution.

Another point of reference, done perhaps out of embarrassment from the incursion of Gambian dissidents, L. F. Jammeh, Alieu Bah, Jarju and Cham who were granted political asylum in Senegal after fleeing the 1994 bloody abortive coup but decided to return and overthrow the APRC government in 1997 by assaulting Kartong Barracks and killing three GNA soldiers before being apprehended, the Senegalese government impulsively invited us to Dakar and handed over eight members of Kukoi’s mercenaries, captured in Tambakunda and incarcerated for about a year without ever letting us know about them. Consequently, and as stated, if not swayed by any political bone of contention, we have always respected some form of extradition treaty on each other’s undesirable elements. Notwithstanding, I sure don’t have any problems with formalizing such extradition treaty at the NA, be it for the first time or not but parading it to look like the first of a kind of special achievement is what looks to me like a political disinformation.

The justice minister and defense minister could have done the concerned Gambians a special favor of adding to the two negligible bills the latest cardinal defense accords discreetly signed with Senegal and ECOWAS including the laughable hot-pursuit protocol ostensibly being concealed from the entire nation. I think those are today the conventions of greater concern to Gambians.

I have scanned through the entire 179 pages of the new draft constitution and amazingly found nothing mentioned about the foreign forces occupying the Gambia. If for nothing, I think it was a theme the CRC should have exhaustively covered, given our past deplorable experience with occupying foreign troops since 1981. The confederation of Senegambia Armed Forces, the Nigerian Army Training and Assistance Group and of course the ECOMIG/Senegalese forces have all been occupation forces with the first two tryouts not at all ending well and should have served as perfect lessons for the consideration of including statutes on at least where we are heading with the ECOMIG/Senegalese occupation troops. Bearing in mind that the foreign forces had arrived in the country well before the CRC was appointed to carry out the task, I found it inexcusable to exclude the subject from the draft. Unless it boils down to the unfortunate allegation that they plagiarized the Kenyan constitution in which the East African drafters couldn’t have remotely contemplated the possibility of foreign forces to ever meddle in their internal political affairs that would warrant adding such ignorant clauses in their constitution. Trust me, Gambia is and will remain the only guinea pig in this global experiment.

As we are now all aware, in 2017 several Gambians including a bunch of APRC government judases shamelessly sanctioned the dangerous and dumb campaign waged by President Mackey Sall to wage war in the Gambia in order to oust the APRC government. Thank God, sanity prevailed over reckless sentiments compelling Jammeh to leave and stopping the intended mayhem.

Since then the forces whose presence in the country is progressively becoming a major concern to most Gambians is indeed scaffolding political uncertainties while we advance towards the 2021 national election. Yet to my horror, our constitutionalists failed to address the issue. The simplification that the members of the armed forces were invited to help with recommendations on defense matters but did not is a disgrace. The presence of foreign forces in the Gambia had always been the prerogative of the executive branch of government and therefore the burden of including the subject in the draft constitution rests squarely on the shoulders of the president and his cabinet. I wonder what they have been thinking to endorse the draft without fixing the critical omission.

Doesn’t it appear like a paradoxical precedence for ECOWAS/Senegal to intervene in the  internal political affairs of the Gambia in 2017 where there was no violence and without first exhausting all peaceful options of settling the dispute but dare not apply the same principles in Guinea Conakry and Mali where current internal political turmoils are wasting uncountable number of the lives of peaceful civilian protesters?

However, given that government remains secretive about the troop’s mandate and particularly about how long they should stay in the country, I believe our constitutionalists should have incorporated the subject in the draft to formally let Gambians understand at what point in the future our political or electoral dispute will again require the intervention of foreign forces for settlement. I guess that will also have to depend on the party with the “perfect” narrative or lies to sell to the international community; and without doubt, Senegal or Nigeria must always be factored in the overall equation.

Future military interventionists must be governed by clear cut mandates, clarifying their responsibilities, rights and limitations.

In short, laws must be enacted to preside over their stay in the country and on what the Gambians must know when they break the country’s laws and under whose jurisdiction lies the investigations and discipline of lawbreaking troops.

They have killed Harona Jatta in Foni, an unspeakable subject by the authorities but still haunting the family of the victim.

Come 2021 without any illumination in who controls them, I am afraid their presence could grossly jeopardize the political or smooth process of the national election.

Since they are forces created for the Gambia alone, I think they should have by now been withdrawn and perhaps maintained somewhere close by and permanently renamed The-Gambia-ECOWAS-Intervention force, awaiting for the political party to be declared winner by IEC chairman Alieu Momarr Njie in 2021. If Barrow wins they roll right back in to protect him; likewise if another party wins and Barrow starts acting funny they do exactly what they did before and move in with full force to send him to exile and protect the new government. Is that not the modus operandi so far? After all, our national security forces, especially the Gambia Armed Forces have been rendered useless and show no sign of recovering from their alienated position.

Thanks for reading. Till next time.

Samsudeen Sarr

New York City

Mamma Kandeh says NPP brought motorbikes to Niamina while Demba Sowe’s death was still fresh

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GDC leader Mamma Kandeh has said President Adama Barrow’s party, the National People’s Party, stormed Niamina West less than 40 days of Demba Sowe’s passing.

Niamina West has not had a national assembly member since January following the death of Demba Sowe, a GDC MP.

GDC leader Mamma Kandeh in an exclusive interview with The Fatu Network claimed President Barrow’s NPP began scrambling even as the constituency mourned the death of their lawmaker.

“When my member of parliament passed away in Niamina, quickly the NPP people went there to measure roads, jumped from Banjul and passed all the constituencies and went direct to Niamina, thinking that the Niamina people are fools,” Mr Kandeh said.

He added: “The people [of Niamina] are more educated and wise than them. They are not stupid. They [NPP] were measuring [roads], bringing motorbikes even before the man’s death reached 40 days. They were going round campaigning, with the belief they could mislead people.”

Second man dies from coronavirus – but health ministry moves quickly to reveal man has underlying health problems

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An advanced-age man has succumbed to coronavirus, the ministry of health has said.

The ministry in its latest report on Saturday said one new laboratory confirmed case of COVID-19 was registered, bringing the total number of COVID-19 cases ever confirmed in the country to 37.

“The new case is the second documented COVID-19 related death since the first case was reported in the country,” the ministry said of the new case.

It added: “In addition to his advanced age, he also had an underlying health condition – a known diabetic.”

It’s the second coronavirus death in the country since the death of a Bangladeshi man back in March.

Ivory Coast: Henri Konan Bedie says he will run in 2020 election

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By Reuters

Ivory Coast’s octogenarian former President Henri Konan Bedie will run for office again in presidential elections in October, he said in a statement on Saturday.

Bedie’s candidacy is the latest twist in a turbulent build-up to a vote that is wide open after current President Alassane Ouattara said he would not run again after ten years in power.

“I am both surprised and happy with the content of your messages asking me to be a candidate in the election,” Bedie told members of his PDCI-RDA coalition. “I feel honoured.”

Bedie, 86, was president from 1993-1996. The coalition between his PDCI party and that of Ouattara’s RDR, forged in 2005, was meant to dominate for generations and help heal the political rifts that led to civil war three years earlier.

The pact propelled Ouattara to presidential election victories in 2010 and 2015 but collapsed in September 2018 when the parties bickered over whose candidate should be in pole position in 2020.

The race will be hard to call, say political analysts. Guillaume Soro, the former rebel leader and presidential candidate, was convicted in absentia of embezzlement and sentenced to 20 years in prison in April, a verdict likely to exclude him from the election.

Ouattara said last year that he would run for a third term if his predecessors Bedie and Laurent Gbagbo decided to run, raising concerns of a constitutional crisis given that Ivory Coast has a two-term mandate limit.

He backed down in March saying he wanted to hand over power to a new generation.

Ecowas urges Mali to re-run disputed elections amid mass protests

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By Reuters

West African regional bloc ECOWAS on Saturday called on Mali to re-run some of its contested local elections and convene a government of national unity after anti-government protests swept the capital Bamako.

Tens of thousands of people took to the streets on Friday for the second time in a month to demand President Ibrahim Boubacar Keita step down.

Keita, who was re-elected in 2018 for a second five-year term, has struggled with an ongoing security crisis, a strike by teachers and the coronavirus outbreak.

Political tensions increased after disputed local elections in March in which turnout was low due in part to fears of attacks by jihadist groups who roam the desert north.

The lead-up to the poll was marred by allegations of vote buying and intimidation and the kidnapping of opposition leader Soumaila Cisse.

ECOWAS “invites the Government of the Republic of Mali to reconsider the results of all the districts which have been subject to review,” the group said in a statement after a two-day mission to the country. “New elections for the constituencies concerned should be organized as soon as possible.”

Government is asked to protect the rights of Ahmadiyyas and the Seckens of Kerr Mot Ali

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The Gambia government has been asked to guarantee and protect the rights of the people of Kerr Mot Ali and members of the Ahmadiyya Muslim community.

The people of Kerr Mot Ali in Upper Saloum faced persecution on a massive scale following the discovery of a new version of Islam by their leader, Serign Ndigal. Hundreds of them fled to Senegal.

In January, a top student of Serign Ndigal Yunusa Ceesay appeared before the TRRC and gave a disturbing explanation of how the Seckens of The Gambia were forced to flee the country following the death of their leader.

The Ahmadiyya Muslim community has also come under attack from the mainstream Muslim community of The Gambia over their version of Islam. They have often been dubbed as kaffir (disbelievers) over their belief in the ‘Promised Messiah’.

The National Human Rights Commission in its annual report 2019 insisted Section 25(1)(c) guarantees the right of freedom to practice any religion and to manifest such practice.

The commission in the reported recommended that the government ‘guarantee and protect the rights of the people of Kerr Mot Hali village and members of the Ahmadiyya Muslim community’.

Rights commission says it’s ‘deeply’ concerned by release of four junglers

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The National Human Rights Commission has said it is ‘deeply’ concerned by the release of four soldiers that formed part of former President Yahya Jammeh’s elite death squad, The Junglers.

The Barrow administration in August last year freed Malick Jatta, Omar A Jallow, Amadou Badjie and Pa Ousman Sanneh after they confessed to carrying out extrajudicial killings. They’d been in detention for over a year.

NHRC in its annual report 2019 said since 2017, about six soldiers alleged to be party of former President Jammeh’s notorious hit squad were arrested and detained by the Gambia Armed Forces for their alleged involvement in the murder of many Gambians and non-Gambians.

“Following the establishment of the TRRC, all the arrested and detained soldiers appeared and testified before the TRRC. Four out of the six soldiers who gave their testimonies were released without any accountability for their alleged involvement in committing heinous crimes whilst the remaining two are still under detention,” NHRC said in its report.

It added: “The NHRC is therefore deeply concerned with the release of the four soldiers and the continued detention without trial of the remaining two, having regard to the nature of the allegations against them.”

Bakawsu Fofana says homosexuality is final agenda West is attempting to sell to Gambia

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Imam Bakawsu Fofana has chipped into the homosexuality debate, claiming it’s the last-level agenda the West is trying to sell to the country.

“No Muslim should accept it,” Imam Fofana said in an audio message.

The Imam added: “Two big things in this 10 to 20 years period are; to advocate for an end female genital mutilation and allow homosexuality. These are two serious issues in humanity.

“But for the world to travel 20 years down the line and there’s no one who’s undergone female genital mutilation? And then it goes a further 20 years and a man is not a man and a woman is not a woman? A man can sleep with a man and a woman? A woman can sleep with a woman and sleep with a man? You can see that’s about turning into animals.

“They started with women and you followed them. From women walking naked to the way they dress. They made adultery lawful, made it a sophisticated lifestyle.

“Now they have gotten to this last level – for a man and a man to get married and for a woman and a woman to get married.”

NHRC recommends criminalisation of torture – as it says it got reports torture was meted out to Ousman Darboe and Killa Ace

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The National Human Rights Commission has called on the Gambia government to amend the criminal code and criminalise torture.

The commission in its annual report said reports reached it from ‘different media outlets’ in 2019 of torture perpetuated by some members of the Gambia Police Force.

“This was meted on [sic] one Ousman Darboe and Ali Cham commonly known as Killa Ace, a singer and youth activist who was tried and convicted by the Kanifing Magistrates Court on 13 January 2020 with various counts including prohibition of conduct conducive to breach of the peace and assaulting a police officer,” the commission said in its annual report 2019.

The commission then recommended that the government ‘amend the criminal code and criminalise torture’.

The commission is also calling for the adoption of domestic legislation implementing the Convention Against Torture and the Optional Protocol to the Convention Against Torture.

UTG students brand online lessons as new world – as exams looms

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By Fatou Camara

Students of the University of The Gambia have described how they have been adjusting to online life following its introduction almost two months ago.

UTG students will begin sitting to their exams next week but many of them have described taking their lessons online as tough.

Abdou Jarju, a student of UTG told The Fatu Network they are fearful of this year’s exams amid a new learning method.

“The difficulty we encounter is that it’s the first of its kind and things like that most of the time people encounter difficulties.We never thought the exams will come this soon but we cannot do anything about it too since a lot of money has been spent on it already,” he said.

Babacarr Mbaye, a first year accountant student, on his part, said: “I personally have a friend who has hearing problems. It does take lots of time before he can understand something.

“So he has been complaining to me that he is not understanding anything in this online lessons. The other issue is electricity shortage do get us to end a two hour class at thirty minutes.”

Mamma Kandeh says Barrow’s government comprises ‘hungry and angry’ people

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GDC leader Mamma Kandeh has claimed hungry and angry people are what came together to form President Adama Barrow’s government, as he frowns at the level of corruption in the country.

The GDC leader spoke exclusive to The Fatu Network on Wednesday, the first time in many months.

Mr Kandeh said of the corruption issue: “There was a time I think I was the first who said that this government, they’re corrupt. It generated some noise to the extent I was called to the police headquarters to question me for what I have said…

“But those people that called me, I think they should call another person today regarding the corruption taking place in the country today. I think every Gambian have seen it.

“I have seen one or two days ago where the minister of finance said that, ‘in a matter of four months we have sent 5.08 billion dalasis’. I can bravely say that’s broad daylight robbery. It’s just too much within a short period of time.

“We have seen in the papers the ministry of tourism, about 38 million plus. That’s not long ago even.

“So I will take you back to my first statement that these people are hungry. It’s hungry and angry people that were banded together and formed a government and that’s what is happening.

“How can we say corruption in The Gambia here, they’re eating money left, right and centre, everybody is talking about it and they want to say President Barrow is not aware of it. And who have you heard was fired because of corruption in this country?

Attila LAJOS says no country wishes to keep criminals on its territory – as he reveals ‘significant’ number of Gambians deported actually broke law

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By Lamin Njie

EU ambassador to The Gambia Attila LAJOS has said no country in the world wishes to keep criminals on its territory, as he revealed many migrants in EU countries are involved in semi-illegal or illegal activities.

Mr LAJOS in an exclusive interview with The Fatu Network was however quick to drop the disclaimer he doesn’t in any way mean Gambians are criminals.

The EU chief diplomat said: “Many of the migrants are involved in semi-illegal or illegal activities, and that’s also something we want to avoid. Our aim is to make sure that migration is channeled in a legally okay manner; therefore, a kind input of a large number immigrants will not pose a strain on the national social welfare system of the given country. And at the end of the day, it is in the interest of both sides, if a country needs labour force, here comes possible legal migration but as long as it is kept in a manageable manner.

“That’s what we are agitating for and it’s obviously something different react in a different way. I do believe we also have to agree… What is also a common stance among the UN member states that it’s every country’s responsibility to receive back its citizens if they are not legally settled in a foreign country and I think this is where we will have to find a balance.

“If you look at the numbers, no surprise that less than 10 percent of these voluntary returnees, 5000 has been brought back. and this is also because the European Union didn’t intend to break the very fragile social balance in The Gambia. Does The Gambia have jobs for the millions of Gambians returning home? No.And that is one of the reasons why there were no mass deportation.

“Some media reported about it. It’s factually not true. The number of 100s, quite a number of them were actually coming out of prison. Of course no country in the world wishes to keep criminals on its territory. Don’t get me wrong. Please with all due respect, am not saying Gambians are criminals. What I am saying is that those who were returned, a significant number of them actually broke the law therefore they were repatriated, deported.

“But once again this is an issue which we need continuous dialogue even if the two sides may have different views and concerns. Let me also underline when we negogiated this migration management including return operations – a few months later, I’m talking about last year, the Gambian government announced a moratorium which the European Union accepted and respected.”

President Barrow gets updated of consultation that took place between his office and Kombo Yiriwa Kafo over Kombo land crises

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President Barrow has been updated on the outcome of the consultation processes to address the land conflicts and disputes in the Kombos, which took place between his Office and representatives of Kombo Yiriwa Kafo, a Civil Society Association established to promote the development of the Kombos and its people, according to State House on Friday.

Kombo Yiriwa Kafo had earlier this month written to President Adama Barrow to ‘draw his attention’ to the ‘many’ land disputes in the Kombo part of the country.

“The issue of land matters has been simmering in the Kombo area for a quite a while now with little or no policy decision to resolve the situation,” the Alhagie Conteh-led group told President Barrow in their letter.

State House said on Friday the president has been updated on the ‘consultation processes’ which took place between his office and the group.

“The objectives of the consultations are to bring peaceful resolution to the land disputes in the Kombos by exhausting all legal procedures to ensure justice prevails,” State House said in a statement.

Breaking: Grade nine students to return to school finally as education ministry appoints date

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Basic and Secondary Education Minister Claudiana Cole has announced students in grade nine will return to school on Wednesday June 24.

“…I hereby have the singular honour to inform all school authorities, staff, parents and students in particular, and the general public that the re-opening of schools for the Grade 9 Students is scheduled for Wednesday, 24TH June, 2020, and that of grade 12s would be announced in due course. As such, all the other categories of students are urged to stay at home until further notice,” the education minister said in a statement on Friday.

It comes as the education minister revealed the coronavirus pandemic has caused the country to lose over 250 instructional hours with over half a million school-going children affected.

Cole said: “Everyone would agree with me that the pandemic has brought a lot of trauma and uncertainty to all of us either as individuals, a sector, nation, or a world. This is so because it has affected every sector of our society especially the Education sector.

“In Gambia for example, it has directly affected about 674,300 children in Conventional and recognized Madrassahs schools from Early Childhood Development to Senior Secondary School, and resulting to an estimated loss of 265 instructional hours during the last 87 days of school closure thus seriously threatening the achievement of the annual target of 880 hours of instruction.”

Lamin J Darbo slams Court of Appeal’s ruling as ‘shockingly erroneous’

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Top lawyer Lamin J Darbo has said the Gambia Court of Appeal was wrong in granting MA Kharafi’s stay of execution prayer against the attorney general.

The Gambia Court of Appeal on June 1 ruled that a commission of inquiry was not an adjudicatory body prompting the justice ministry to abandon the sale of assets stemming from the Janneh Commission. It included MA Kharafi’s assets.

Lawyer Lamin J Darbo has now stated his mind on the appellate court’s ruling.

He wrote on Thursday:

“If it can dance, M. A. Kharafi & Sons Limited (the Applicant) may be raucously performing the Rumba at the shockingly erroneous ruling of the Gambia Court of Appeal (GCA) in its case against the Attorney General, the formal custodian of cases against the State.

“In M. A. Kharafi & Sons Limited v. The Attorney General, Civil Appeal No: GCA 046/2019 (Kharafi), an appeal emanating from 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 Janneh Commission), the GCA dismissed an application for stay of execution but in the process, and rather incomprehensibly, effectively decided the substantive appeal in favour of the Applicant.

“The ruling defies explicit Constitutional provisions, reduces Commissions of Inquiry to nothingness, and arrogates to the GCA powers it does not and can never have.

“Affected by ‘adverse findings and recommendations’ by the Janneh Commission, the Applicant was duly notified as required by law. It caused a Notice of Appeal to be filed at the GCA against the adverse findings that it must pay ‘USD2,367,426 to Government plus interest at 5% per annum from 30 June 2004 to 29 March 2019. After payment of its said liability Kharafi’s said lease over Kairaba is to remain unchallengeable’.

“To forestall any possibility of the Government executing, the Applicant filed a stay, that is, an order prohibiting the Government from selling its assets in fulfilment of adverse findings against it pending the determination of the appeal.

“Both sides filed and adopted written arguments on the issues at play as they understood them.

“But the GCA had other ideas. In its own words, ‘after the said briefs were adopted and the matter set for ruling, the court on its own accord, bearing in mind the legal issues thrown up by the motion for stay of execution, identified two main issues and in accordance with the law and practice of the Court, invited Counsels on both sides to file briefs or argument in relation to those supplementary issues’.

“The GCA ordered briefs thus, ‘Whether the adverse findings or recommendations of a Commission of Inquiry can, as a matter of law, be executed with or without a Government White Paper and whether or not a Government White Paper is a legal instrument’.

“Whether an application for stay of execution of the adverse findings and recommendations of a Commission of Inquiry should come to the Court of Appeal as an original as opposed to a repeat application in view of Sections 202(2) and 204 of the Constitution and Rule 32 of the Rules of this Court.

“On Issue 1, the Applicant accepts adverse findings can be executed with or without a White Paper, a Government notice and public announcement not of a legislative character that conveys the Government position on the findings and recommendations by a Commission.

“For the State, adverse findings cannot be executed without a White Paper as Commission proceedings are merely investigatory and treated as judgment only for the purpose of appeal.

“Effectively, both sides agree that adverse findings against the Applicant can be executed as Government released a White Paper on the Janneh Commission report. The unsuspecting counsel were about to be treated to a most elaborate interlocutory show at the GCA.

“In his ‘own analysis and conclusion on the first issue set out by the Court’, Honourable Justice O. M. M. Njie, Justice of Appeal (Justice Njie) asserts, ‘let me at the onset state that because of the legal requirements that need to be met for an application for stay of execution to be granted, it is imperative that the court resolves the first issue it set out to see whether it is actually necessary to deal with the substantive application for stay of execution itself.

“‘It can clearly be seen from the Notice of Adverse Findings before the Court that what the applicants are seeking a stay of execution of, is the recommendations (albeit strong ones) of the said Commission of Inquiry. It was precisely for that reason that the court itself asked the question whether the adverse findings or recommendations of a Commission of Inquiry can, as a matter of law, be executed, with or without a Government White Paper. The Court posed that question because ordinarily it is judgments or orders of a Court of law that can, as a matter of law, be executed’.

“Undoubtedly, the question embodies its answer.

“In addressing the authorities relied on by the Applicant, Justice Njie states that ‘… all the said cases … together with the principles enunciated therein, are cases dealing with stay of execution of Court orders or judgments and not with stay of execution of the adverse findings or recommendations of Commissions of Inquiry’.

“The GCA also said the Sheriff only ‘… enforces judgements or orders of court …’ and ‘… as far as execution and stay of execution are concerned, the law, both in this country and in England refer only to judgments and orders and nothing else. Now, are the adverse findings or recommendations of a Commission of Inquiry under our laws judgments or orders? I do not think so’.

“Placing reliance on Section 202 (1) of the Constitution, Section 7 of the Commission of Inquiry Act, as well as on his questionable of a Supreme Court pronouncement in Feryale Ghanem v Attorney General, Civil Suit No. SC: 001/2018, Justice Njie again, ‘Iit is therefore clear from the said provisions of the Constitution and the Commission of Inquiry Act, and the said dictum of His Lordship the Chief Justice that a Commission of Inquiry does not adjudicate between the State and a person who appears before it but that it carries out an investigation into the issues and matter that are within its terms of reference as per the legal instrument that established it. Its report, submitted to the Executive Branch of government, is neither a judgment nor an order which is capable in itself of being executed as perceived by the law’.

“In the circumstances, ‘… what a Commission of Inquiry comes up with at the end of its legal mandate is that it makes findings and recommendations that are subject to the approval of the Government of the day. Thus a Commission of Inquiry does not and legally cannot render a judgment or a final order. In other words, a Commission of Inquiry cannot legally render a binding decision which may be executed or enforced as if it were a judgment or order’.

“Now at the very cusp of forbidden territory, Justice Njie’s definitive assertion puts him within striking distance of assaulting the Constitution.

“But he backtracks nimbly and placed reliance on 120(2) of the Constitution that ‘the judicial power of The Gambia is vested in the Courts and shall be exercised by them according to the respective jurisdictions conferred on them by law’.

“Unsure of his footing, the Justice of Appeal acknowledges section 204(2) of the Constitution, ‘a person against whom any such adverse finding has been made may appeal against such adverse finding to the Court of Appeal as of right as if the finding were a judgment of the High Court; and on hearing of the appeal the report shall be treated as if it were such a judgment’.

“A ‘Judgment’ of the High Court!

“And what did Justice Njie say on that specific point? In the super-heavy words of a Justice of Appeal, ‘… as far as execution and stay of execution are concerned, the law, both in this country and in England refer only to judgments and orders and nothing else. But in very clear terms, section 204(2) of the Constitution categorically says that an adverse finding should be treated as if it “… were a judgment of the High Court…’.

“Where the Constitution speaks even the royal standing of the GCA counts for nothing!

“Driving home the point, what if the GCA upheld a Commission of Inquiry! Can it enforce an adverse finding? Clearly the implicit jurisdictional interposition propounded in Kharafi by Justice Njie runs counter to the explicit command of section 204(2) of the Constitution.

“Running through the long winded ruling on a simple stay application is the assertion that a Commission of Inquiry has no jurisdiction, no mandate whatsoever to issue binding and legally enforceable adverse findings and or recommendations.

“The logical corollary is to ask why it is vested with the Constitutional authority to issue adverse findings and or recommendations.

“To what end would it be vested with the authority of a High Court Judge.

“To what end would its report be equivalent to a High Court Judgment.

“Without question, the Constitution created a special arena in a Commission of Enquiry. The rule of law principle implicated in this special dispensation are not competently if at all ventilated by Justice Njie and his ruling pretends to powers no court in The Gambia can have, i.e., the legal authority to nullify a Constitutional provision.

“Even if the Supreme Court said in Feryale Ghanem that ‘… a Commission of Inquiry being a creature of the executive is not an adjudicatory body …’ the intrinsic principles enunciated in the case are either imperfectly understood or wrongly applied by Justice Njie.

“I merely state that in appropriate circumstances, Commission of Inquiry adverse findings continue to be upheld by the Supreme Court.

“In addition, the idea that a Commission of Inquiry is ‘a creature of the executive’ is a questionable principle, a dubious argument. A Commission of Inquiry is a creature of the Constitution just like the office of Judge. The Executive appoints both. Are Judges, and nominated members of the National Assembly ‘creatures of the executive’?

‘I’m not a rebel’: Abdou Njie laughs at claims he’s a rebel – as he looks back at his flopped protest

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By Lamin Njie

The chairman of the banned Three Years Jotna group has laughed at claims he’s a rebel, as he looked back at his failed campaign against President Adama Barrow’s rule.

Three Years Jotna last year dominated the headlines amid its sustained campaign for President Barrow to leave power, pinning it on a three years deal the Gambian leader had agreed to.

In December last year, the group protested for President President to resign the following month.

The group took to the streets a second time last January but the protested foundered spectacularly after police cracked down on the protesters. The group was later banned.

The chairman of the group Abdou Njie looking back at the events insisted they’d achieved their objective: to destroy President Barrow politically.

“We had achieved our aim and that’s to destroy Adama and we have done that,” Mr Njie told The Fatu Network on Thursday.

On claims he’s a rebel leading a rebel movement, he said laughing: “Anyone who knows me knows that I’m not a rebel.”

Mamadou Tangara heaps praise on China as more China coronavirus aid arrives

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Dr Mamadou Tangara on Wednesday evening signed an exchange note of medical supplies donated to the Government of The Gambia, the foreign ministry said in a statement.

The foreign minister received the donated items from the Ambassador of the People’s Republic of China, Ma Jianchun, at a ceremony held at the Banjul International Airport.

Foreign Minister Tangara in turn handed over the items to the Health Minister, Dr. Ahmadou Lamin Samateh.

The donated items include 10,032 Covid -19 test kits, 10,000 protective face masks for medical use, 100,000 surgical face masks, 5,000 disposable protective clothing, 3,000 disposable medical goggles, 3,000 disposable surgical gloves and 3,000 disposable shoe covers.

Minister Tangara indicated that the donation which was the second of its kind from the Government of the People’s Republic of China demonstrated that China and The Gambia are not only friends but partners.

“China has yet again shown that it is indeed committed to building a community with shared future for mankind and as always, is acting as a responsible country in joining hands with the rest of the world to curb the spread of the virus and eventually defeat COVID -19,” he added.

In handing over the medical supplies, the Chinese Ambassador Ma Jianchun indicated that the gesture demonstrated China’s sincere care for The Gambia and the cordial friendship between the two countries.

Top State Department official resigns in protest of Trump’s response to racial tensions in the country

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A senior State Department official who has served in the Trump administration since its first day is resigning over President Trump’s recent handling of racial tensions across the country — saying that the president’s actions “cut sharply against my core values and convictions.”

Mary Elizabeth Taylor, the assistant secretary of state for legislative affairs, submitted her resignation on Thursday. Taylor’s five-paragraph resignation letter, obtained by The Washington Post, serves as an indictment of Trump’s stewardship at a time of national unrest from one of the administration’s highest ranking African Americans and an aide who was viewed as both loyal and effective in serving his presidency.

“Moments of upheaval can change you, shift the trajectory of your life, and mold your character. The President’s comments and actions surrounding racial injustice and Black Americans cut sharply against my core values and convictions,” Taylor wrote in her resignation letter to Secretary of State Mike Pompeo. “I must follow the dictates of my conscience and resign as Assistant Secretary of State for Legislative Affairs.”

Taylor, 30, was unanimously confirmed to her position in October 2018 and is the youngest assistant secretary of state for legislative affairs in history and the first black woman to serve in that post.

She has been a pivotal behind-the-scenes figure in the administration. Tapped for her legislative expertise and strong relationship with senators due to her work for Senate Majority Leader Mitch McConnell (R-Ky.), Taylor served as the White House’s deputy director for nominations before joining the State Department.

In her White House role, she helped shepherd more than 400 presidential appointments through the Senate, including those of Supreme Court Justice Neil M. Gorsuch, CIA director Gina Haspel, Federal Reserve Chair Jerome H. Powell and Pompeo.

Taylor’s decision to leave the administration amid the racial tensions flaring nationwide appears to be the first high-profile resignation made in protest of the president’s actions that has been made public. One member of the Defense Science Board, James N. Miller, submitted his resignation to Defense Secretary Mark T. Esper shortly after Trump’s controversial photo op in Lafayette Square, but he was a former Obama administration official who had served on the committee that advises the Pentagon on science issues since 2014.

In contrast, Taylor was viewed as a loyal member of the administration and is a lifelong member of the Republican Party. The White House did not immediately respond to a request for comment.

Gorsuch administered Taylor’s oath of office at her swearing-in ceremony in December 2018 at the State Department. In her position as assistant secretary of state, Taylor served as Pompeo’s chief liaison to Capitol Hill.

“I am deeply grateful to you, Mr. Secretary, for empowering me to lead this team and strategically advise you over these last two years,” Taylor wrote in the resignation letter she submitted to Pompeo. “You have shown grace and respect in listening to my opinions, and your remarkable leadership have made me a better leader and team member. I appreciate that you understand my strong loyalty to my personal convictions and values, particularly in light of recent events.”

Before joining the administration, Taylor was an aide to McConnell where she worked as a member of his cloakroom staff helping oversee legislative debates on the floor. She comes from a family with a history of public service; her mother, Kristin Clark Taylor, served as the White House’s director of media relations under President George H.W. Bush and was the first black woman to hold that job.

“Leader McConnell appreciates Mary Elizabeth’s service to the Republican Conference and our nation,” David Popp, a spokesman for McConnell, said Thursday.

Taylor sat in on an Oval Office meeting between Trump and Sen. Tim Scott (R-S.C.), the Senate’s lone black Republican, in the aftermath of the deadly white supremacist rally in Charlottesville in August 2017. Trump drew widespread rebukes for his comment that there were “very fine people on both sides” of the rally.

During that meeting, Scott, who leads one of the most diverse staffs in the Senate, implored the president — who had very little racial diversity on his staff — to appoint more people like Taylor to the White House, according to an Axios report at the time.

Since the killing of George Floyd, an unarmed black man, by Minneapolis police last month, Trump has struggled to play the role of conciliator at a time of protests and civil unrest across the country over the plight of black Americans and the nation’s legacy of racism.

The White House has come under heavy criticism after federal authorities forcefully swept away peaceful demonstrators protesting Floyd’s death at Lafayette Square Park across the street from the White House. This cleared a path for Trump to walk several hundred yards to the iconic St. John’s Church where he held up a bible and posed for photographs. The White House has denied the protesters were removed so the president could hold a photo op.

As protests began to break out in Minneapolis, Trump tweeted “when the looting starts, the shooting starts” — a phrase associated police tactics used against protesters during the civil rights era.

His campaign also scheduled Trump’s first rally in months on June 19, the Juneteenth holiday that marks the end of slavery in the United States, in Tulsa — the site of a deadly race massacre in 1921. In a Wall Street Journal interview published Thursday, Trump claimed that “nobody had ever heard of” Juneteenth until he popularized it and moved the rally after learning what the day signified from black associates.

“I did something good. I made it famous. I made Juneteenth very famous. It’s actually an important event, it’s an important time,” he told the Journal. “But nobody had heard of it. Very few people have heard of it. Actually, a young African American Secret Service agent knew what it was. I had political people who had no idea.”

Trump has also insisted on keeping military bases named after Confederate military figures, even as his own defense leaders and Republican senators on Capitol Hill signal openness to changing the names amid calls that it is racist to honor leaders who fought to defend slavery.

On June 3, Taylor sent a message to her team of roughly 60 State Department employees, acknowledging that in the aftermath of Floyd’s death that her heart “is broken, in a way from which I’ve had to heal it countless times.”

“George Floyd’s horrific murder and the recent deaths of other Black Americans have shaken our nation at its core. Every time we witness these heinous, murderous events, we are reminded that our country’s wounds run deep and remain untreated,” Taylor wrote in her note, also obtained by The Post. “For our team members who are hurting right now, please know you are not alone. You are seen, recognized, heard, and supported. I am right here with you.”

Washington Post

Two women aged 24 and 26 take Gambia’s coronavirus cases to 36 as they test positive for disease

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Two people have tested positive for coronavirus, bringing the total number of cases of the disease to 36.

Cases 35 and 36 are respectively 24 and 26 year old female Gambians who recently returned to the country from Senegal and were both intercepted at the Amdalai Border Post, the ministry of health said in a report on Thursday.

They were quarantined on 15 June.

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