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‘It should be a pride’: Vice President stands by her labourer comments – as she says she’s seen PhD holders carrying buckets

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By Lamin Njie

Vice President Dr Isatou Touray doubled down on her labourer work comments on Wednesday declaring: ‘all of us who have travelled abroad have done some toilet cleaning’.

Dr Touray brought herself all manner of criticism in April when she rued that Gambian youth complain of unemployment when they could work as labourers.

She spoke as the government faced a manpower crisis over foodstuff it bought that needed to be packed into trucks to be taken to distribution spots across the country. It involved strong men that can carry rice and sugar on their head.

The Vice President at a news conference at the McCarthy Square on Wednesday defended her comments insisting Gambian youths should have received her call with pride.

The Vice President said: “When we started, there was a time when I said we have been waiting last three days and we could not get young people from The Gambia who would take this responsibility.

“And I had delayed it because I wanted them to benefit because there was a lot of money in paying in offloading and uploading and because there were other people coming from other regions, from the sub-region, I thought the Gambians need more, I thought the Gambians also need to be exposed.

“But what happened? It was being deflected, deflected to mean that my children are out there enjoying something and I want these people to do this type of job. But I am very happy to say that the young people who understand where I am coming from expressed their appreciation for the observation I have made to encourage them to come and engage in national building [sic].

“Whether you’re a graduate, whether you’re a whatever, if anything comes that requires national responsibility, I think we should all come out… I as the vice president was coming here on a daily basis to come and support the team because it’s a national call. We must be patriotic. We must be nationalistic irrespective of where.

“Other countries and exposures that I have, I have seen PhD holders carrying buckets, going to do national responsibility. This is what you have, take it. And it’s not that it’s going to be done for nothing. And when I called on the youth, I called them because I felt they deserved to be engaged because this is there country.

“They should take leadership and I am very happy that they responded. I want to use this opportunity to say thank you for all the efforts that they did. We are friends, we are your parents, we are your government and we have to be honest to you and be transparent to you to call you to accountability if things are not going right and that is exactly what I did. To call your attention and I am happy that you have responded.

“They have now formed themselves into a group who are going to be responsible for managing certain things when there are national calls and they will earn money out of it. Rome was not built in a day. All of us who have travelled abroad have done some toilet cleaning, we have done dish washing, we have done anything and we paid school fees of lour children out of that.

“So if the Gambian youths are called to this national call, it should be a pride because it’s history. This has never happened. It’s history. Therefore, I urge thr young people. This is your time, this is your country. Engage constructively, work, do everything you can to rise to another level.

“If it means getting the money to go for training or you want to pay for training, get it. People were receiving more than 5000, 3000, 6000, 9000. Some business people were paying 90,000 for offloading and uploading. So those who worked gained it and I want Gambian youths to benefit.”

Darboe bashes Barrow over ‘ill-educated’ advisers

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By Lamin Njie

UDP leader Ousainou Darboe has ripped into President Adama Barrow over advisers he says are ill-educated.

Mr Darboe in an exclusive interview with The Fatu Network said the president went about hiring advisers who have no idea about how a government is run.

He said: “The whole thing of the Jammeh theater is being replayed. Ill-educated people who have absolutely no idea about governance being put in Key positions as as advisers to the president.

“And of course these are not advisers who are really advising on the running of government but advisers on how the president can really use state machinery to propel himself to higher position level.

“Jammeh in all his madness did not have a political adviser that was dealing with APRC matters. If he did, it was not state paid. But how many do you have? And these [people] are being paid from state resources.”

Mai Fatty raises alarm Nuha Touray’s appointment is unconstitutional

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GMC leader Mai Ahmad Fatty has raised the alarm that Nuha Touray’s appointment as secretary general and head of the civil service by President Adama Barrow is unconstitutional.

President Barrow picked the former cabinet secretary following the ‘retirement’ of Muhammed BS Jallow.

Mai Fatty however wrote on Tuesday: “President Barrow’s appointment of Mr. Nuha Touray as the new SG & Head of the Civil Service is unconstitutional. I know Mr. Touray very well, and I have alot of respect for his ability to deliver. Given his qualification and vast experience in the public service, Mr. Touray’s competence is not in doubt and I have no issues if the President in the exercise of his Executive powers appoints him as his SG.

“The law confers on President Barrow the authority to appoint his SG, and having regard to such a sensitive position, the President would be right to appoint someone he trusts and someone in whom he reposes full confidence. In that sense, it would be proper for President Barrow to keep Mr. Touray if he fits that description. In doing so, the President’s powers are circumscribed by the 1997 Constitution.

“Section 61(2) of the Constitution imposes a legal obligation on the President to uphold and defend the Constitution. That is to say, this appointment must pass the constitutional test, and not contrary to it, as appears in this case.

“Section 168 (1) of the Constitution prescribes the mode of appointment of the Head of the Civil Service. It also delineates who is eligible for the position. The language is plain, direct and unambiguous. The person must be a serving member of the public service, and not outside the public service. Section 166 (1) of the Constitution defines what constitutes the public service in The Gambia, and it includes the civil service. The President’s new appointee IS NOT “a person holding an office in the Public Service on permanent terms”, and by law cannot be appointed to the position of Head of the Civil Service.

“However, the President may still keep his new appointee on the condition that he first appoints him into the public service on permanent terms. Subsequently, he could elevate him with an appointment as Head of the Civil Service the next day or same day if he so wishes. It may raise ethical issues but would certainly be lawful. So far, available evidence suggest that this was not done. I request the President to regularize the status of Mr. Touray in compliance with Sections 61 (2) & 168 (1) of the Constitution, but not back-dating it because that would be illegal. That is fair to Mr. Touray and would also prevent the President from violating the Constitution. I understand that President Barrow is not a lawyer, and should seek legal guidance on such matters to avoid preventable embarrassment.”

Latrikunda Yiringanya Faal family elders issue statement over alkaloship

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The elders of the Faal family of Latrikunda Yiringanya have issued a statement regarding leadership of the town. The Faals are the custodians of Latrikunda Yiringanya.

The statement reads;

Recently, the Elders of The Faal Family of Latrikunda Yiringanya, in accordance with established tradition, met and selected Alhaji Omar M. O. Faal as the new Alkalo. This follows the sad demise of our brother Alkalo Alhaji Amadou Faal on 25 March 2020. The process used to select Alhaji Omar M. O. Faal recently, is the same process used in 2015 to select our late brother Alhaji Amadou Faal following the sad passing of our father Alkalo Alhaji M. O. Faal, who served for 24 years. May Allah be pleased with our late father and our late brother.

Established Tradition for Selecting the Alkalo of Latrikunda Yiringanya

The eldest patrilineal male member of the Faal Family is selected by the Elders of The Faal Family to accept the mantle and serve as Alkalo. The accordingly selected person has full discretion to accept the mantle of Alkalo or decline and designate the next in line, based on the same criteria. The Elders of The Faal Family are determined on generational basis, and since 2015, have consisted of the Brotherly generation. It is noteworthy that whereas Alhaji M. O. Faal was the last of the Fatherly generation to serve as Alkalo, Alhaji Amadou Faal was the first of the Brotherly generation. The simplicity and respect for age and eldership of this tradition has ensured that succession to the Alkaloship is straightforward and transparent. Also, it is a strictly observed protocol that succession matters are only discussed formally after the 40 days prayers for the departed Alkalo.

Tradition In-Practice

2015: Following the passing of Alkalo Alhaji M. O. Faal, and observance of protocol, the Elders of The Faal Family convened a meeting to select the new Alkalo. In attendance were the late Alhaji Amadou Faal, the late Alhaji Ebrima Faal, Alhaji Abdoulie Faal, Alhaji Omar M. O. Faal, Alhaji Mustapha Faal, Alhaji Alieu Faal and Alhaji Fabakary Ceesay (matrilineal Faal elder). The Elders selected the late Alhaji Amadou Faal as the eldest brother, to serve as Alkalo. The decision was communicated to the Imam of Latrikunda Yiringanya, Imam Alhaji Basirou Drammeh, and the new Alkalo was presented to the Latrikunda community at a meeting called by the Imam. Subsequently, the Imam wrote a letter to the Mayor of Kanifing Municipal Council (KMC), asking for Alhaji Amadou Faal to be formally appointed Alkalo by the Minister of Lands and Regional Government.

8 May 2020: Following the passing of our brother Alkalo Alhaji Amadou Faal, and observance of protocol, the Elders of The Faal Family convened a meeting to select the new Alkalo. In attendance were the same persons who attended the 2015 Alkalo selection, except for the two late brothers, Alhaji Amadou Faal and Alhaji Ebrima Faal. The eldest and, therefore eligible, Alhaji Abdoulie Faal (age 70) declared that he was exercising his sole prerogative and passed the mantle of Alkalo to brother Alhaji Omar M. O. Faal (age 68). This decision was unanimously endorsed by all the Elders.

On 9 May 2020, the Elders of The Faal Family communicated the decision to the Imam of Latrikunda, Imam Alhaji Basirou Drammeh. As is the custom, the decision regarding the new Alkalo was discussed with the Latrikunda community, at a meeting called by the Imam on 15 May 2020. The meeting was attended by community elders, youths, and the Faal Family, including the children of the late Alkalo Alhaji Amadou Faal. At the meeting, questions were asked and answers were given, and suggestions were also made and noted. As have been with previous Alkalos, Alhaji Omar M.O. Faal shall deploy his extensive professional and community experience for continued dedicated service, for the socio-economic, human and cultural development of all the people and families of Latrikunda (see his profile below). The Imam has written a letter to the Mayor of Kanifing Municipal Council (KMC), asking for Alhaji Omar M.O. Faal to be formally appointed Alkalo by the Minister of Lands and Regional Government.

We have come to the end of Ramadan, it is with humility that we renew our faith in Allah and pray for forgiveness and guidance. As a family, we renew our expression of thanks and gratitude to all the people and elders of the community. Latrikunda is a community with a long history of welcoming and integrating people, and long may this amicable culture continue. As we live in harmony and strive for the continued advancement of our Beloved Latrikunda and The Gambia, we extend our cordial Koriteh greetings to all and everyone. Eid Mubarak.

Signed: Alhaji Abdoulie Faal, Alhaji Omar M.O. Faal, Alhaji Mustapha Faal; 25 May 2020; Latrikunda.

Profile of Alhaji Omar M.O. Faal

From 1991 to 2015, Alhaji Omar M.O. Faal (Pa Omar Faal) served as Assistant to his father, the Late Alkalo of Latrikunda Yiringanya, Alhaji M.O. Faal. He served as Acting Alkalo for 8 months in 2003 (when the Alkalo was abroad), and again in between February and July 2015, upon the demise of his father. Omar M.O. Faal has been a local mobiliser, leader and financial supporter of youth, community and social development activities for about 50 years. He served previously on the Latrikunda Yiringanya Ward Committee, Serekunda West Youth Movement, and the Constituency Executive. In the late 1980s, he formed the Damel Football Club of Latrikunda. He has also been sponsoring the Serekunda West Sports Organisation (SWESO) Super Nawettan Trophy since 2016.

From 1988 to 1995, Omar M.O. Faal served as Independent Member of the Ports Labour Board, having been appointed by the then Minister for Health, Labour and Social Welfare, Hon. Mrs Louise Njie. He was later re- appointed Chairman of the Board from 2002 to 2008 by the then Minister of Trade and Industry, Hon. Musa Sillah. In 2018, Omar M.O. Faal was conferred the rank of Ambassador and appointed Ambassador-at-Large by the President of the Republic of The Gambia, H.E. President Adama Barrow. He is a Board Member of several private companies in The Gambia.

Omar M.O. Faal completed Gambia High School in 1971, and joined the ABC (Adonis, Banjul and Carlton) group of hotels, rising to role of Assistant to the General Manager at Carlton Hotel. In 1972, he became the protégé of Captain Bertil Harding, the Swedish aviator and businessman recognised as the ‘Father of Gambian Tourism’. Captain Harding trained him in Travel and Tourism Management, and sent him to Sweden on a professional study programme. Upon his return, Omar M.O. Faal was made Operations Manager of Harding’s Limited (Travel and Tour Operator), a position he held until February 1977.

By the age of 25, Omar M.O. Faal was one of the most accomplished professionals in the Gambian tourism sector, and was already a seasoned international business traveller. In 1974, he created the ‘Pa Omar Faal Prize for Commercial Maths’ at his alma mater, Gambia High School. In 1977, he established Damel Travel Services (DTS), the first indigenous Gambian ground operator, representing foreign tour operators from Europe, Africa and North America. By 1980, he had started hosting cruise ships at the Banjul docks, in an effort to diversify and expand the tourism sector in The Gambia. In 2004, Omar M.O. Faal received the ‘GTBoard Champion of Tourism Award’ in the name of Captain Bertil Harding, and proposed that the road from Kairaba Avenue Traffic Lights to the Tourism Development Area be named the Bertil Harding Highway.

COVID-19-Africa Needs A New Game Plan

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By Sana Sarr

There’s strength in numbers. It’s beneficial for people around the world to bring our resources together and collaborate to find solutions that affect us all. It’s great when developing nations can simply adopt solutions that have been proven effective elsewhere, but ultimately, Africa needs to be at the forefront of finding solutions to problems that are specific to us.

As the whole world struggles to deal with the sucker punch that is Covid-19, many nations, especially developing nations, look to the World Health Organization and the self-proclaimed Global Leaders, the USA, EU and China, for leadership and guidance on how to deal with the pandemic. However, there is enough evidence to show that nobody has quite figured this thing out yet. The world was unprepared for this outbreak and everyone is just fumbling around in the dark for answers. We’re still unsure whether those who make a full recovery from Covid-19 develop immunity to it, we went from from no lockdowns to statewide and nationwide mandatory lockdowns, from telling us masks can’t protect us to making masks mandatory when in public, and with the fact that nobody can tell us definitively when the lockdowns will be over or what returning to normalcy will even look like, it’s obvious that government officials and health experts still have more questions than answers when it comes to dealing with Covid-19. Studies are still being conducted and we continue to learn new developments as we go along.

 

Still, a few useful facts have been discovered and concluded on. One of these very useful conclusions is establishing how long the new Coronavirus can live on different surfaces.

According to The New England Journal of Medicine, the novel Coronavirus can live on different surfaces as follows

Paper and tissue paper – 3 hours

Copper – 4 hours

Cardboard – 24 hours

Wood – 2 days

Cloth – 2 days

Stainless steel – 2-3 days

Polypropylene plastic – 3 days

Glass – 4 days

Paper money – 4 days

 

For months, this information got us obsessively wiping down everything, including vegetables, to try and stop the spread of the virus. But suddenly we’re being told that people don’t contract it by touching surfaces. More evidence that the experts are still trying to figure it out. You wanna know what’s missing from the above list? How long does the virus last when exposed to direct sunlight – the kind we find everyday in most parts of Africa! According to this report by the New York Times, a study done by ecological modelers at the University of Connecticut “suggests that ultraviolet rays could slow the virus, though not enough to wipe it out, and not as a treatment.”

We also heard experts suggest that the numbers for infections and deaths will likely go down in the US as we enter the Summer, and probably rise again in a second wave over the Fall and winter months. The theory makes sense because that’s the pattern the common flu, caused by a sister-virus to the novel Coronavirus, is more virile during the colder months. With this in mind, I’m wondering why more attention is not paid to the possible negating impact of climate / weather on the novel Coronavirus? It’s quite obvious that this may not be a priority area for the West simply because relying on the summer months would only provide temporary respite before the long winter months kick in again. But for Africa, with our year-round sunlight and heat, this could be a game changer if it’s proven that the sun and ultraviolet rays kill the virus quickly. At this point, let me clarify that i am 100% in support of the current guidelines of social distancing, hand washing and wearing face masks. This is a new infectious disease and we need to take all precautionary measures until we know more about how to prevent and cure it. With that said though, it would be foolish for me to not recognize or acknowledge that SOCIAL DISTANCING IS NOT A SUSTAINABLE SOLUTION FOR AFRICA (and other global south nations)!

Taking Gambia as an example, our culture is simply too intimate for us to be able to stay apart from each other. We have already seen how it has been impossible for our people to observe social distancing despite the State of Emergency declared by the President and despite the endless sensitization for social distancing by various groups. More importantly though, our socio-economic realities make it practically impossible for us to “stay at home”. Many live from hand to mouth, waking up every morning to go find the means to put a meal on the table. We don’t have the earning potential to shop for a week, and even those with that earning power don’t have the freezers/storage facilities to save food to sustain them for an entire week allowing them to stay indoors…oh, and those with the freezers are at the mercy of the highly unreliable NAWEC with their hours-long blackouts!

I must recognize the heartwarming display of compassion shown by many who donated food items to help the economically disadvantaged over the past few months, but we all know that it will only take so long before donor fatigue sets in and the handouts to stop flowing. People cannot live their lives sitting indoors and waiting for charity to feed their families.

I will also commend the Ministry of Basic and Secondary Education their efforts to improvise to continue school through televised lessons, but we all know that this is far from satisfactory. The lessons were an emergency measure developed hastily as a short-term gap filler. Its effectiveness has not been tested and we know that a great majority of our children do not have access to televisions or electricity to even watch the little that’s out there. I am not aware of any mechanism for the education department to get feedback from the children or their parents, or even for the teachers to communicate with their students to know who is receiving the material or how those who need assistance can get it.

On the business side of things, social distancing means many small businesses will effectively be killed. Our government has no program, plan or even thoughts to help this very important sector of our economy survive or recover post Covid-19. There’s no stimulus payment, no unemployment for workers, and no economic recovery package for businesses.

These realities paint a very bleak picture. Consequently, as with many other challenges we face, Africa needs to closely examine the problem and devise practical solutions that work for us and our unique situation. We cannot continue to swallow hook, line and sinker, any “template” prescriptions/solutions that never had us in mind when they were being designed. We respect and appreciate the World Health Organization (WHO), but in case anyone had doubts, the recent threats to pull funding for the organization by a Western president who failed to give the pandemic due attention and is looking for someone to scapegoat is clear indication of where the power lies and whose interests the WHO is expected to prioritize.

Good News RE: Covid-19?

Please allow me some latitude to make some unscientific assumptions from what i have observed since the pandemic began. Seeing how quickly the Coronavirus ravaged Wuhan, Italy and New York, I believe we can agree that it has not (yet) moved as quickly through The Gambia and other African countries. I acknowledge that there’s not as much testing being conducted, but i honestly don’t think a lack of testing alone explains the significantly lower numbers of positive tests and deaths we’ve seen so far. Perhaps it’s wishful thinking, but i strongly believe that with our poor adherence to social distancing guidelines, porous geographical borders and largely ill-equipped healthcare facilities and systems, there must be another “invisible hand” at play to account for apparent resilience. Is it the sunlight? Is it the heat? What about other hot climate areas like Brazil? Is it something genetic in our immune systems causing us to be asymptomatic even when infected? I have no idea. However, African governments and scientists need to come together to conduct our own studies of the novel Coronavirus in our environment since the first cases were discovered. We need to look into how it affects people in our part of the world and with that, we need to develop guidelines that are effective, practical and sustainable for our people, societies and economic realities. Until then, let’s wash our hands and do our best with social distancing.

 

COVID-19 Response Slippages: Shall We Tell The President?

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Mr. President,

Eid Mubarak! I pray that Allah (SWT) continue to guide you in delivering the best for the smiling coast of Africa.

Mr. President, it’s exactly 70 days since the Gambia registered its first COVID-19 case on the 17thof March, 2020. I am aware of your government’s restrictive measures; the closing of schools, suspension of public gatherings, closure of all non-essential public places, restriction on number of passengers on public transport, etc., in delaying the peaking of the event to help better curb the spike/surge of cases.

Mr. President, I appreciate your government’s effort in appointing Mr. Alasan Senghore as the national coordinator (my friends will joke to say – the Chief Minister of Health) for covid-19 preparedness and response to provide technical assistance to the Ministry of Health. Well, I believe you will agree with me that there has recently been a lot of distractions at the ministry which is sadly frustrating response efforts.

Your Excellency, I sometimes get a little bothered with issues dear to my heart, and I wish to discuss them with you. Well, this is what “The Greatness Guide” by Robin Sharma taught me.

First, the Ministry of Health is faced with challenges in mobilizing both capabilities and resources to help frontliners reduce the impact of this pandemic. Significantly, the pandemic has also revealed the fragility of the country’s health power. The ministry struggles with weak institutional and human capacity. There is a gross shortage of indigenous skill due to high attrition rate among trained and skilled staff, high dependency on expatriates, uneven distribution of health workers, a remuneration package which does not match the cost of living, lack of clear guideline for staff promotion, posting guideline, and so on and so forth.

Second, because of the weak governance on the state health institutions and community mistrust of government in the fight against this pandemic, we will face a double burden in the fight against COVID-19. The 58thnational situation report of the country dated 21stMay, 2020 indicated gaps in the response efforts including the inability to provide a policy on the use of face masks and delay in setting up an e-surveillance system that would ensure the availability of real-time response data as well as inadequate border patrol throughout the country border line communities. Coupled with this, we still do not have long term health investment strategies towards bolstering health service post COVID-19, and these significantly makes response efforts more challenging.

Sir, for the country to flatten the COVID-19 curve, we have only one option; aggressive prevention. Ultimately, we need to adjust the restrictive measures to our local realities. Let’s do pool testing for hotspots, increase capacity for border surveillance, and fine-tune restrictive measures for markets, churches and mosques. Let us tailor all interventions into local contexts. Activate a pragmatic strategy to support border communities through a cross border surveillance with Senegal. Shared vulnerability requires shared responsibility!

Sir, the updates of the 59thnational situation report (SITREP) dated 24thMay, 2020 has indicated that about 64% of the cumulative confirmed cases are all imported. It is sad to read on this report that currently there are no motor cycles at Fatoto Health Centre and Nyamanarr border post to support response efforts. Infact, Kartong border post and other border posts are yet to be supplied with motorbikes to ease mobility. What is wrong with the system?

Mr President, third, there is an urgent need to repurpose service delivery. Health workers across the board should strengthen preventive care services to minimize or prevent interruptions on routine public health services. Service disruptions could lead to several preventable deaths as a result of decline for service utilization. The country has a poor triage system in many public health facilities which are not ideal for infectious disease triaging to accommodate both COVID-19 cases and other patients at the same time. Well I know there is no readymade plan for case surges. Are we seriously prepared?

Mr. President, next on policy matters, let me use this opportunity to remind you that both the National Health Policy 2012 – 2020 (Acceleration of quality health services and universal coverage) and the Gambia National Health Strategic Plan 2014 – 2020 are due for expiry. Its high time you advise the Minister of Health to engage on serious and critical policy evaluation on the said documents and get us a more realistic blue print for the way forward.

Sir, the country has a poor health financing strategy. Health spending in the country is heavenly dependent on external partner sources. Nearly half of the total health spending is donor-driven. Poor countries like ours requires supportive health financing policies. It’s high time you institutionalize a National Health Financing Committee to conduct a situational analysis which provides an outline of the issues a comprehensive health financing strategy should address in terms of revenue raising; moving towards a predominant reliance on public/compulsory funding sources and pooling revenues with a redistributive capacity of available prepaid funds for strictly public health emergencies. You must learn your lessons to next time avoid open-ended financial commitments such as payment of allowances for responders, etc.

Finally, Sir, please know that the results of unnecessary delay and political distractions in response activities will activate greater disease spread, more people been affected, and more lives lost. If resources are not available, it offers the responders minimum response capabilities needed to arrest the outbreak. Resources delayed, response denied!

Dr. Martin Luther King Jr once said in a speech: ‘The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”

Best,

Sheikh Omar Sillah

MSc © Epidemiology and Health Statistics

Tongji Medical College

Huazhong University of Science and Technology, Wuhan.

Protect the Final Draft Constitution. It is our Key to the Future

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Gambians, let us stand up and create and protect our future which begins with this Final Draft Constitution. This is the tool with which we can make a complete break from the past and begin the arduous and sacred journey of building a future in which we can pursue our shared values, objectives and uphold our rights and dignity as equal citizens on this land in peace and security. Let us be alert to the attacks against this final draft constitution from quarters who have no interest in the empowerment, equality and prosperity of our people.

The current onslaught against this final draft that we are seeing from the Cabinet and so-called Presidential Advisors and Barrow’s political surrogates and apologists calls for urgent resistance. These people have no interest other than to perpetuate one person in power regardless. For them the Gambia was carved out for only Adama Barrow and therefore they have sought to impugn the CRC and the final draft constitution just to achieve that diabolical objective. This is precisely the only reason why the President refused to gazette the final draft constitution since the day it was handed over to him.

The final draft constitution is progressive because it has provided all the necessary safeguards that uphold the necessary standards and tools to ensure democracy and good governance flourish in the country. In the final draft the rights of citizens have been adequately stipulated with the necessary processes and tools available to citizens to claim and defend their rights. There ae also adequate provisions that empower citizens to hold the Government accountable by challenging its decisions in the courts.

Furthermore, the final draft has also given adequate powers to the National Assembly to play its oversight functions adequately. Unlike the 1997 Constitution the final draft empowers NAMs to truly check and discipline the Executive in ways that will restrain the power of the President and the Government as a whole. In other words, it has reduced the powers of the Executive without having to deny them the necessary authority to perform their executive role effectively. This is essential in a democracy to guard against an overbearing President which is the recipe for dictatorship.

Other benefits of the final draft constitution are the creation of independent institutions which are further mandated to also hold the entire State accountable. These institutions also mean more power, protection and freedom of the citizen. Through these institutions, citizens have the opportunity and the tools to check the State at every level just to protect the national interest, defend individual and collective rights and protect public wealth.

If you are a child or a woman or a person with disability or a youth or a person in a vulnerable position rest assured that this final draft constitution has given you adequate protection and space. It has ensured that women, persons with disabilities and young people get access to power as NAMs or President by setting a lower qualification age of 30 and 21 respectively.

Indeed, for every constitution there will be areas that any citizen would want to remove or add. I have issues in the final draft constitution that if given the opportunity I would rephrase the wording or remove a certain provision altogether and add a new one. Even Justice Cherno Jallow, if given a second chance, I am sure he has one letter or sentence he would like to change in some way! But let us look at who is changing what and for what? Are they seeking the change for the greater enjoyment of freedoms, protection of rights and promoting good governance, or are they seeking changes only to perpetuate one person in power? The latter is what Pres. Barrow and his stooges are aiming to do. Resist.

Having said that I cannot fail to ignore the concerns of the Gambia Christian Council over the presence of Shari’ah Courts in the final draft constitution with which I fully agree. I recognize the clear and direct experience of abuse meted out to the Christian community due to the abuse and weakness of the 1997 Constitution by Yaya Jammeh. Hence where they raise a concern I find it worthy of our attention.

But even with this concern I will not suggest the President or the NAMs to change anything in the final draft constitution. This is because if I allow them to change one thing what guarantee do I have that they will not change another issue with ulterior motives. Therefore, I strongly hold that the Government must just send the final draft to a referendum. When this final draft constitution is approved there will be mechanisms through which we can continue to address our issues and concerns in the approved constitution.

Therefore, stand up to protect this final draft constitution.

For The Gambia Our Homeland

…………………………………………….

Madi Jobarteh

Skype: madi.jobarteh

Twitter: @jobartehmadi

LinkedIn: Madi Jobarteh

Phone: +220 9995093

 

UNION WITH AFRICA IS NOW MORE ESSENTIAL THAN EVER

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Article Authored by the Turkish Minister of Foreign Affairs, H.E. Mevlut Çavuşoğlu, on the Occasion of Africa Day – 2020.

I wholeheartedly congratulate the Africa Day of all our African friends. The unprecedented conditions caused by the COVID-19 pandemic all over the world render the solidarity symbolized by Africa Day even more significant this year.

The progress achieved in recent years by Africa in many fields and our developing partnership with the Continent enable us to look into the future with hope, despite there existing severe challenges. Together with our public institutions, non-governmental organizations and private sector, we have given priority to develop our cooperation with the African continent.

We are working hard to develop our economic and commercial relations with Africa, to increase our development and humanitarian aid, as well as the number of higher education scholarships and Turkish Airlines flights. We aim to further strengthen our relations with Africa on the basis of a win-win understanding and mutual respect.

It is also possible to understand Turkey’s determination to bring her relations with Africa at the highest level possible by looking at the figures. We increased the number of our Embassies in Africa to 42, which was only 12 in 2002. The number of African Embassies in Ankara, which was 10 at the beginning of 2008, has increased to 36 today. The number of mutual high-level visits between 2015 and 2019 alone exceeded 500. Our bilateral trade volume has soared sixfold in the last 18 years. Today, the Turkish Maarif Foundation operates 144 educational institutions and 17 student dormitories all across Africa. There are thousands of graduates from 54 African countries, who studied in Turkey in the framework of the Türkiye Scholarships program. The number of program coordination offices of the Turkish Cooperation and Development Agency (TIKA) in Africa has reached 22.

Turkey’s interest in Africa and Turkish people’s feelings of friendship towards the African continent, with which Turkey has historical and human ties, is not new. However, these concrete developments are a result of the political stability achieved in Turkey starting from 2002 and the resulting continuity of our foreign policy.

With our country becoming a strategic partner of the African Union and with the first Africa-Turkey Partnership Summit 2008 held in Istanbul, Turkey and the African countries have clearly set forth their mutual will to step up their relationship to a more advanced stage.

Shortly after assuming the office of Minister of Foreign Affairs, I accompanied H.E. President Recep Tayyip Erdoğan during the second Africa-Turkey Partnership Summit held in Malabo in November 2014. I made many friends in the Continent.

When African Presidents founded the Organization of the African Union on 25 May 1963, they aimed to protect African affairs by acting in unity, to support the ongoing struggles for independence and to get rid of the colonial economic model based on importing manufactured goods by selling commodities to Northern countries. From the very beginning, Turkey has sided with Africa in its just cause.

Therefore, the historical Summit held in Addis Ababa also made an impact in Turkey. By examining the news published by the Turkish press and records of debates at the Grand National Assembly of Turkey, it will be seen that importance was given to relations with African states that have just gained their independence. The endeavours of Africans for governing themselves was likened to Turkey’s struggle during the foundation of our Republic forty years ago in 1923, and Apartheid was fiercely condemned.

Today’s Africa has made significant progress in achieving the level of integration that visionary leaders have dreamed of since the sixties.

From the beginning of its partnership with Africa, Turkey has chosen the policy to provide an unconditional support for the goals that the Continent has set for itself. The Africa, with whom we are proud of being in a partnership, is the Africa with the spirit of 1963 and with the 2063 targets of the African Union. We will continue to look out for Africa’s priorities within all organizations and entities which we are a member of, in particular the United Nations.

With this understanding, we wish to hold the Third Africa-Turkey Partnership Summit as soon as possible. In October 2020, we are also planning to hold the third Turkey-Africa Economy and Business Forum, which we held in Istanbul in 2016 and 2018 which achieved successful results.

COVID-19 caught the world off guard. African countries have taken the necessary measures in a timely manner thanks to their experience in combating epidemic diseases. The number of cases and deaths on the Continent is relatively low at the moment. We sincerely hope that this will continue, and that the disease will be eradicated from the Continent. Turkey is among the States which have overcome the first stage of the pandemic and can currently hold the number of new cases below her treatment capacity. Having been able to provide equipment assistance to some countries even in the first months of the outbreak, Turkey aims to increase her assistance capacity in the coming period. As the country that has extended a helping hand to the largest number of countries, after the United States and China, Turkey is trying to respond as soon as possible to such requests from our friendly African countries.

On the other hand, the outbreak has negative economic and social consequences all over the world.

The direct result of the slowdown of economic activities due to protective measures is the decline of production and revenues of each country without exception. A secondary result is the drop in commodity prices like minerals and oil, which are used in industrial production and transport. This decline is affecting countries that depend on the sale of such goods for export revenues. In this respect, it is affecting some African countries more than others.

These are problems that require the international community to come together and seek solutions for collectively. The world after COVID-19 should be one that requires more international cooperation than before, not less. Turkey is ready to do what is incumbent on her in this regard alongside other countries.

Unfortunately, the picture that emerges at the international level in past weeks is a picture where competition –and not cooperation– comes to the fore, and where a perspective that regards the world as a zero-sum game prevails. Yet history has shown us all the harms of such brutal rivalries and cold wars.

In the spirit of 1963, the African continent will also overcome this challenge in unity. I sincerely believe that Africa will contribute not only to the welfare of its own people, but also to the world order of the coming years, and that Turkish-African partnership will be shown as an example in the new, post-pandemic world order in which solidarity will become more important.

That is why the spirit of 25 May 1963 is essential to all of us.

Once again, I wholeheartedly congratulate the Africa Day of all Africans.

 

 

BLAME FRANCE, SENEGAL, OUR JUDASES & OUR IEC FOR THE ILLEGAL MILITARY OCCUPATION OF GAMBIA- NOT SAM SARR

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It is becoming quite evident that some of my lousy critics are still entertaining their intersubjective misjudgment that the role I played in the 2016 political impasse in the Gambia precipitated the illegal military intervention and occupation of our nation by ECOMIG/Senegalese Armed Forces. This intersubjective misconception still existing in the collective imagination of certain low-IQ-elements perpetually overshadows their objective faculties to recognize how I was at the time sternly dissuading the warmongers from unnecessarily invading the Gambia.  Virtually, all of these folks were indeed gravitating for the war orchestrated by French president Francois Hollande (killed Gaddafi & destroyed Libya) in which Senegalese president Mackey Sall was sponsored and instructed to unleash a war of terror against the Gambia government and its security forces.

However, to expatiate on the subject I will first refer any interested reader to an interview still accessible in the video archives of the Voice of America (VOA), conducted on January 18, 2017, few days before the commencement of the reckless annexation.

Moderated by the luminary-Ugandan-born-former-child-soldier host, Doctor Shaka Ssali, in his Straight Talk Africa program, subtitled Political Crisis in the Gambia, the APRC-Judas-ambassador-to America, now the minister of defense to President Adama Barrow’s government, Shiekh Omar Faye and I discussed the implications of the impasse as guest speakers; in the interview, I vehemently opposed the illegal invasion of the Gambia based on my fear of starting the French-desired-military conflict in the country, reminiscent of the 1997 civil war they incited in Guinea Bissau between Brigadier General Ansumana Manneh and his best friend for decades, president Joao Bernardo Vieira, emphasizing how it could thrust the nation and the entire subregion into another variation of a Libyan or Iraqi quandary, for its potential-unintended consequences. I even had to recapitulate the new UN Secretary General’s special warning in his inaugural statement in 2016 when he, Antonio Guterres, advised all member states against starting wars which are no longer winnable but instead often degenerate into protracted conflicts beyond their expected number of casualties, size of destructions and length of durations.

But like I said, almost all dissidents at the time against the APRC government wanted nothing other than to see the attack launched by the barbarians to kill or capture Jammeh by any means applicable.

Please readers, just take a moment and watch the tape for better understanding of my consistency in that position, although I expect no changes in the minds of the dogmatic adherents even if they were to watch it a million times.

But for more insight, let me take you back to the general election night of December 1, 2016 at the Statehouse. I was there in attendance with several dignitaries at the president’s-main-conference hall where the results were monitored live, compiled from all polling stations in the country and computed to the last vote cast.

I did discuss this important event in many of my writings and conversed about it during the last interview I had with Captain Ebou Jallow on Saturday, May 23, 2020 in his online SUN XALATtalkshow presentation.

The program allowed me to set forth the names and job designations of most of the attendees I could remember that evening:

  1. Vice President Isatou Njie Saidy
  2. Minister Bala Jahumpa-works
  3. Minister Mama Singhateh-justice
  4. Minister Roberts-trade?
  5. Minister Ismail Sanyang-agriculture
  6. Minister Sheriff Bojang-information
  7. Minister Fatou Lamin Faye-education
  8. MinisterGeneral/ M. A. Bah-interior
  9. APRC Speaker of the house Hon. Bojang
  10. Fatou Kineh Jobe-Permanent Secretary, president’s office.
  11. Ambassador Mass Axi Gai-APRC Representative to the AU
  12. Ambassador/Colonel Momodou Badjie-APRC ambassador to Turkey, now national security adviser to the Barrow government.

As a matter of fact, it was Ambassador Momodou Badjie who extended the invitation to me to join them and took the trouble of picking me up at my house in what he had said had always been the tradition on election-results-announcement nights.

Host President Jammeh occupied the high seat facing everybody in an elaborate rectangular wooden table while other members of his cabinet including the Vice President sat around it; the rest of us filled up the soft seats on the outer space of the hall.

There was also an overhead flat-screen TV where the IEC chairman sporadically appeared to read the results sent from the polling stations. However, the APRC election agents placed at the polling stations kept us updated with the confirmed results far ahead of the IEC announcements.

By 2:00 am, it was crystal clear to everyone present that the APRC government had lost to the Coalition Party by about 18,000 votes.

Being my first experience but in a situation of total shock and surprise to everybody, I could sense how nobody had an immediate answer to the novel bombshell. Yes, it was like a train-wreck.

Certainly disappointed in my expectation that President Jammeh was going to open the floor for discussion or to elicit our opinion over the inconceivable situation, he unequivocally addressed us to understand that he had lost the elections to Adama Barrow and will call him tomorrow to concede defeat and start working on his handing over obligations. Adding that the election was freely and fairly conducted in a rig-proof system that simply epitomized the aspiration of the Gambian electorate to have a new president and government.

I can still remember the Speaker of the House Hon. Bojang being the first to leave the hall and the Statehouse.

Lady Zainab Jammeh came out briefly to bid us farewell in a rather sorrowful but congenial mood before we all dispersed. While being driven back to my house by Ambassador Momodou Badjie, joined by Ambassador Mass Axi Gai, our discussion centered around what had possibly gone wrong for the APRC to lose, attributed to several factors but intuitively to Jammeh’s enfeebled enthusiasm to win this time. That he may have even intended to retire, considering how his campaign zeal and material investment were throughout far below average.

That was the last time I physically saw or heard from President Jammeh. Nevertheless, I left the Statehouse vowing to stand by him on whatever he had decided to do, as his deputy ambassador at the UN.

The next day December 2, 2016, like everybody, I watched the drama unfolded on TV where he did exactly what he had sworn to do earlier. He called elected President Adama Barrow, conceded defeat, congratulated him and shared some words of wisdom about national security matters. He had wanted to settle at his home village of Kanilai and spend the rest of his life on his greatest hobby, farming.

Then on December 5, 2016, the IEC shadily threw the whole orderly process into a dangerous disarray by coming up with new set of results. Shady in the sense that, what should have been announced publicly for the whole world to hear, was discreetly done at their office headquarters within the restricted knowledge of the representatives of the contesting three parties. They had detected errors in their initial computation of the results and had been corrected but with the APRC still losing.What else could they have said differently and lived happily ever after? In December 2014 Gambian dissidents living abroad, for lacking confidence and trust in the IEC to conduct free and fair elections, sponsored an ill-fated armed attack in the country to overthrow the APRC government? Then in April 2016, Gambian dissidents again living abroad for the same reasons sponsored and incited a doomed demonstration in the country aimed at toppling the government. And a month before the elections, word was everywhere that Jammeh had paid the IEC $400,000 to rig the elections in his favor. Not forgetting the ritual killings of school children by his government to win. Now, how reasonable, under such circumstances, would  the IEC have appeared to the world if the chairman had on December 5, 2016 announced that the APRC had won after the correction of their errors, instead of the Coalition Party?

Obviously, that was possible taking into account the combined votes won by the APRC (208,487) and the GDC (89,768) totaling (298,255)  indicating that, with all the noise, the Coalition Party’s winning numbers (227,708) actually illustrated a victory from less than the majority of votes cast. So the slogan, subjectively touted as the “Gambia has Decided” should have objectively been “Forty-three per cent of Gambians have Decided”.

Without doubt if the GDC had refused to endorse the results on the same disagreement as the APRC, that an election with two conflicting results had never happened anywhere in the world and could no longer be considered credible or rig-proof, the Coalition Party would have had no choice but to work out something reasonable and civil with them. But Hon. Kandeh was not interested in pursuing that and had perhaps thought that he could eventually work with the Coalition government until the realities later dawned on him that this was not the kind of government he had expected to work with.

I think Jammeh could have struck himself and his government a better deal by compelling the IEC to go back to the national TV and announce to the whole world the mess they had created. Or when he had decided to annul the election results on December 9, 2016, to feature the two suspicious results pivotal in his argument. But it wasn’t like that, a gross mistake exploited by France and  Senegal with the critical support of the APRC ambassadors (Judases) that ultimately brought about the UN resolution that forced him into stepping down. They further misled the UN Security Council altogether with the devious story that President Jammeh had first conceded defeat but had suddenly changed his mind for no reason whatsoever.

To bolster their rationalization, the Senegalese described the Gambia Armed Forces to the UN Security Council as a force predominantly composed of MFDC and Liberian rebels  destabilizing Cassamance and were now terrorizing the whole Gambia by assisting Jammeh to kidnap and murder school children for ritual sacrifices. Yet, with all those deceptions, the Security Council strictly prohibited using force in the absence of any corroborated violence in the country and should only be used if necessary, but under a new resolution requiring their endorsement.

But France and Mackey Sall wanted war and had to swiftly mobilize the troops and logistics to start one.

In my VOA interview with Minister Shiekh Omar Faye, one will also see how he avoided talking about the second set of results or even how it impacted the smooth process of the whole elections.

With the above experience and all the witnesses mentioned, hearing the IEC chairman saying that on the election night of December 1, 2016, Jammeh called from the Statehouse and tried to force him into changing the results in his favor was not only incorrect but very ungodly. Nothing like that ever happened in our presence.

I had visited the Kenyan, Egyptian, Liberian, Russian, Burundian, Ugandan and even French embassies at the UN, but none of them heard about the December 5, 2016 second election results either.

That was why at some point I started to strongly believe that the French leader subtly instructed Mackey Sall to convince the IEC into coming up with the second set of results, knowing fully well that Jammeh will challenge it and provide them with the justification for military intervention.

In the end when it became clear that a peaceful solution to the problem was no longer feasible and war was imminent, I called the GAF Headquarters in Banjul from my office and spoke to then Deputy CDS Gen. Yankuba Drammeh, the Operation Commander Gen. Momodou Sowe and the Interior Minister, Gen. M. A. Bah suggesting the need to disperse all their soldiers from the barracks and streets just to avoid any form of armed resistance to the invaders. That the warmongers were ordered to kill as many Gambians as necessary including Jammeh and any loyal member of his government.

We agreed on preventing the bloodbath they were looking for.

There was no war but more combatants are still being sent by Mackey Sall, paid for by France in what I think is aimed at starting one to achieve their annexation objective.

And trust me, there are many Gambians in the Barrow government not limited to the known Judases, ready to surrender the sovereignty of the country to France and Senegal as long as they are assured top jobs. There are also Gambians outside the government subscribing to the same Senegalese-and-French-takeover.

These Judases will always claim to be the majority, but to avoid the looming conflict, why not put the final determinant to a referendum on whether Gambians want the merger or not? I think it is even more important than the referendum to approve or disapprove the new constitution. I can’t see the indefinite and illegal occupation of our country ending anytime soon while President Barrow is in power and Mackey Sall playing tricks around him. Senegal will most likely help him to win the next election in a setting where he will appoint his own IEC, exploit the incumbency advantage and create the winning conditions. Spare Sam Sarr the blame tomorrow for that eventuality.

Thanks for reading. Till next time.

Samsudeen Sarr

New York City.

Former cabinet secretary Noah Touray is new civil service chief – as Jallow falls

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By Lamin Njie

Former cabinet secretary Noah Touray found by the Janneh of authorising cash withdrawals of public funds and received large sums of money on the instructions of former President Jammeh has been appointed new secretary general and head of the civil service.

Mr Touray’s appointment came during the Eidul Fitr holiday, with no official announcement. He replaces Muhammed BS Jallow who spent only nine months in the post.

The former cabinet secretary worked closely with former President Yahya Jammeh and an investigation into the financial, business and asset dealings of the former president found Mr Touray, together with former secretary general Momodou Sabally, to have authorised cash withdrawals of public funds and received large sums of money on the instructions of former President Jammeh – ‘although he accounted for the money he jointly authorised’. Withdrawing public money was never part of Mr Touray’s responsibilities.

The probe – the Janneh Commission – then recommended that Mr Touray be reprimanded.

Retroactive Legislation: A Constitutional quagmire

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Introduction

In April 2016, the late Solo Sanding was arrested and allegedly tortured to death for demanding electoral reforms in The Gambia. Arguably, his death sparked a new form of revolution in The Gambia and the ultimate end to dictatorship. Three years later, The Gambia still struggles to realize Solo’s dream. The Gambia deserves electoral reforms, among the many needed reforms, to end self-perpetuation and corruption. Although desperately needed, The Gambia must continue to ascribe to the rule of law in effecting system change.

Election laws will invariably impose some burden on individual voters. The provisions—whether it governs the registration and qualifications of voters, the selection and eligibility of candidates, or the voting process—inevitably affects at least to some degree individuals right to vote and the right to association for political ends. Consequently, if courts are to subject every provision to strict scrutiny would limit the State’s ability to make election equitable and efficient. Thus, a court considering a challenge to election law must consider the character and magnitude of the asserted injury to the individual’s right to expression and association. A court must then evaluate the precise interests advance by the State as justifications for the burden the new law imposed. To render judgment, a court must not only determine the legitimacy and strength of each of those interests but also consider the extent to which those interests make it necessary to burden the plaintiff’s rights.[1]

In contrast, when election law imposes only reasonable, nondiscriminatory restrictions on a voter’s right to expression or association, the State’s important regulatory interests are generally sufficient to justify the restrictions.[2]The general principle is election laws will be liberally construed in favor of citizens whose right to vote they tend to restrict, to avoid depriving voters of the right to vote—[3]Though a topic for another time, this is the reason why I still hold the view that diaspora Gambians must have the right to vote in every presidential election as part of essential players in our presidential politics.

Validity & Operation of Term Limit

The issue which arises is the validity, construction, and operation of constitutional or statutory “term limits” provisions. The proposed CRC Draft Constitution introduces a term limit for the office of the presidency, which Gambian welcome.[4]

There is a distinction between the words “term” and “tenure.” “Term,” as applied to a public office, refers to a fixed and definite period of time. “Tenure,” on the other hand, is the time the appointee serves in office; the tenure of the person holding an office may vary from the term of office, and, depending on the circumstances, the tenure can be shorter or longer than the officer’s term.

Importantly, the majority of Gambians agreed that the provision should apply retroactively because of our shared experience.[5]However, a change in law has the potential to affect many people. Those affected need to know when the new law will go into effect whenever the legislature or the courts modified existing laws.[6]As a general principle, it is black letter law that statutes operate prospectively and judicial decisions retroactively.[7]For example, in early 1960, U.S. Supreme Court departs from this general principle to avoid extending the Warren Court’s criminal procedure decisions that have the effect of freeing numerous criminal defendants.[8]Subsequently, the Court adopted a discretionary approach to adjudicative retroactively in the civil context. In Chevron Oil Co. v. Huson,[9]the Court states:

First, the decision to be applied nonretroactively must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed. Second, it has been stressed that ‘we must weigh the merits and demerits in each case by looking to the prior history of the rule in question, its purpose and effect, and whether retrospective operation will further or retard its operation.’ Finally, we have weighed the inequity imposed by retroactive application ….[10]

Yet, the above theories deal with legislative or judicial modification of existing laws and not constitutional amendments. In Lucas v. Forty-Fourth Gen. Assembly of State of Colo.,[11]U.S. Supreme Court addressed the constitutionality of the amended provision of Colorado’s apportionment after a referendum. Specifically, Colorado’s Amendment no.7. The Court held that it did.

The Court ruled that the State cannot deprive an individual’s constitutionally protected rights because a nonjudicial remedy (initiative or referendum) exits.[12]The Court emphasized that “[a]n individual’s constitutionallyprotected right to cast an equally weighted vote cannot be denied even by a vote of a majority of a State’s electorate, if the apportionment scheme adopted by the voters fails to measure up to the requirements of the Equal Protection Clause.”[13]A citizen’s constitutionalrights can hardly be infringed simply because a majority of the people choose that it be.[14]

Similarly, in Bates v. Jones, the United States Court of Appeal for the Ninth Circuit was faced with a similar issue. The Court has to decide the constitutionality of  California proposition 140. In that case, the plaintiffs contend that the lifetime term limits in California’s Proposition 140 violate their federal constitutional rights. The Court disagreed. Here, the plaintiffs seek to vindicate their right to vote for the candidate of their choice and the asserted right of an incumbent to again run for his or her office.[15]

The Court concluded that Proposition 140’s impact on these rights is not severe. The Court agreed with the State’s position that “term limits on state officeholders is a neutral candidacy qualification, such as age or residence, which the State certainly has the right to impose.”[16]Nonetheless, the restriction of Proposition 140 was prospective and not retroactive. Importantly, the Court held that the lifetime term limits do not constitute a discriminatory restriction. “Proposition 140 makes no distinction [based on] the content of protected expression, party affiliation, or inherently arbitrary factors such as race, religion, or gender. Nor does the Proposition’ limit [ ] political participation by an identifiable political group whose members share a particular viewpoint, associational preference, or economic status.'”[17]

Therefore, the Cabinet’s argument that the CRC term limit provision discriminates against the president is untenable. Facially, the requirement is nondiscriminatory, and the impact of its application on voter’s rights is not severe. Just like California voters, The Gambian people perceived term limits for the presidency as a means to promote democracy by opening up the political process and restoring competitive elections. Even though this is their choice to make, it must comport with the dictates of the 1997 Constitution.

In State ex rel. Mirlisena v. Hamilton Cty. Bd. of Elections,[18]Ohio’s Supreme Court stroke down part of a constitutional amendment for a term limit because the provision applies retroactively. The Court held that although “the people of Cincinnati resoundingly spoke on the issue of term limits for councilpersons, and that their judgment on that issue would not be disturbed, stressed that the voters could not constitutionally make the term limits retroactive.”[19]The Ohio Const. Art. II, § 28, provides, in pertinent part, that the general freedom of assembly shall have no power to pass retroactive laws. Since the amendment provided for a retroactive application, the Court observed that the enactment violated Art. II, § 28 of the Ohio Constitution.

To conclude, the Gambia’s case is factually similar to Ohio. Chapter VII, Article 100(c) of the Constitution of The Republic of The Gambia, 1997, reprinted 2002, states that the National Assembly shall not pass a bill “to alter the decision or judgment of a court in any proceedings to the prejudice of any party to those proceedings, or deprive any person retroactivelyof vested or acquired rights ….” To the extent the proposed schedule in the Draft Constitution makes the term limit retroactive, it certainly contradicts the 1997 Constitution.

Therefore, the Gambia needs her citizens to play a crucial role in 2021.

[1]Bates v. Jones,131 F.3d 843, 846–47 (9th Cir. 1997)

[2]Am. Jur. 2d, Elections § 3.

[3]Id.

[4]SeeCRC Final Report on The Draft Constitution

[5]Id.

[6]See Jill E. Fisch, Retroactivity and Legal Change: An Equilibrium Approach, 110 HARV. L. REV. 1055, 1057 (1997) (“The general principle that statutes operate prospectively and judicial decisions apply retroactively is a

matter of black letter law . . . .”); see alsoNelson Lund, Retroactivity, Institutional Incentives, and the Politics of Civil Rights, 1995 PUB. INT. L. REV. 87, 87 (“Legislatures declare in general terms what the law shall henceforth be, while courts resolve disputes by declaring the specific effects of preexisting general laws.”).

[7]See Rivers v. Roadway Express, Inc.,511 U.S. 298, 311-12 (1994) (“The principle that statues operate only prospectively, while judicial decisions operate retrospectively, is familiar to every law student ….” (quoting United States  v. Security Indus. Bank,  459 U.S. 70, 79 (1982)) (internal quotation marks omitted)).

[8]See, e.g., Escobedo v. Illinois, 378 U.S. 478, 490-91 (1964) (holding that the Sixth Amendment right to counsel attaches when a person becomes a criminal suspect); Gideon v. Wainwright, 372 U.S. 335, 335-45 (1963) (giving constitutional right to a lawyer in criminal cases); Mapp v. Ohio, 367 U.S. 643, 655-57 (1961) (extending Fourth Amendment exclusionary rule to states).

[9]404 U.S. 97 (1971)

[10]Id.at 106-07 (citation omitted) (quoting Linkletter v. Walker, 381 U.S. 618, 629 (1965)).

[11]377 U.S. 713 (1964)

[12]Id. at 736-7.

[13]Id.

[14]Id.

[15]Bates, 131 F.3d at 846–47.

[16]Id.; see alsoBurdic v. Takushi,504 U.S. 428, 433 (1992).

[17]Seesupra note 14.

[18]67 Ohio St. 3d 597, 622 N.E.2d 329 (1993)

[19]Id.

TRRC to return but coronavirus means new rules are set

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The TRRC will resume its public hearings next month, it has been announced.

The investigation in a statement said following consultations with the Attorney General and Minister of Justice, it will resume its public hearings on June 8, 2020.

The statement from the commission said: “The Commission will pick up from where it stopped, with witnesses expected to testify on road attacks by Jammeh’s motorcade and conditions at Gambia’s prisons.

“In light of the current State of Emergency and Covid-19 rules and regulations, seating arrangements for Commissioners and staff at the hearing hall will be reconfigured to accommodate social distancing and other precautionary measures.

“It is also anticipated that only a few family members or close relatives of witnesses will be allowed in the hall, in addition to essential TRRC support staff including interpreters, sound engineers, psychosocial and medical support workers, security officers and media personnel.”

Ahmadiyya Muslim Jama’at leader calls for unity in face of challenges dogging world

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The Amir of the Ahmadiyya Muslim Jama’at has called for for unity among Muslims, as Gambians join the rest of the world’s Muslims to celebrate this year’s Eidul Fitr.

Below is Baba F Trawally’s Eidul Fitr message…

All praise belongs to Allah Almighty Who has blessed us with the Holy Month of Ramadan and has enabled us to come to the end of this year’s Ramadan. He has prescribed the fasting that we may attain Taqwa (protection from sin), extol Him for guiding us and that we may also be grateful to Him. We also invoke His boundless blessings upon the Holy Prophet Muhammad Mustafa(saw) the best exemplar and mercy for the whole humanity.

Every year by the grace of Allah Almighty, we observe the blessed Month of Ramadan and upon its completion, we come together as a family, as a society and as a Nation to celebrate Eid-ul-Fitr (Koriteh). This day is not just special because families come together, but it is a day that we return our thanks and sincere gratitude to our Creator, Allah the Almighty for blessing us to witness yet another blessed Month of Ramadan. During the Month of Ramadan, we pray together in our Mosques, we offer the Taraweeh prayers together and during the last Ten Days, some people pray together in various mosques trying their best to get the pleasure and nearness of Allah Almighty.

It is indeed evident that this year, the Month of Ramadan was observed all over the world including our beloved country The Gambia in a way that we have not observed it before. But this was due to a crisis, a crisis that the world is still facing and trying to fight, see a solution and defeat. A crisis that has affected every aspect of our living and has crippled economies and has cost loss of lives throughout the world. That crisis is the Covid-19 Pandemic. We have seen that because of Covid-19, governments all over the world, for the protection of citizens and residents of their countries came up with precautionary measures, measures which in normal circumstances will never be taken or imposed.

As a Nation, we should stand united in the face of these challenges and help each other and continue to pray to Allah Almighty to protect us and bless the world and set it free from this deadly virus. It is our duty as citizens and residents of our great Nation that we obey the guidelines put in place by our government and also health experts. Allah Almighty says in the Holy Quran:

O ye who believe! Obey Allah and His Messenger and those who are in authority among you. And if you differ in anything refer it to Allah and His Messenger, if you are believers in Allah and the Last Day. That is best and most commendable in the end.(Sura Al-Nisa: Verse 60)

The Spiritual and Supreme and worldwide Head of the Ahmadiyya Muslim Jamaat during his Friday Sermon of August 27th, 2004 delivered in Hamburg, Germany, after reciting this verse said:

“The standard and speed of progress of a people is linked to the level of obedience of those people. Whenever the level of obedience declines, so does the speed of progress. In the case of divinely established communities, there is also a reduction in the spiritual growth. That is why Allah has laid great stress on the subject of obedience in the Holy Quran…it is also essential that we should obey the laws of the land where we live…we should be steadfast in the face of trials, tribulations and maintain our standard of obedience. This will be beneficial at the individual level and make the community stronger as a whole.”

Indeed, these are challenging times, a time whereby we cannot do what we love to do most including going to the mosque and offering our five daily prayers, visiting our families and loved ones as usual, carryout our businesses as normal, but in the face of all these, we have seen very beautiful things as well. We have shown the world that during such times, we will stick together and help one another and stay united with a positive spirit.

During these days we have seen that families, who maybe in years have not prayed together at home, offering if not all the five daily prayers but most at home with their loved ones. We have seen as witnessed by all, the amount of charity and food supply distributed throughout the whole country by individuals, religious bodies, organizations and the government as well. We have seen the level of sanitization has increased more than ever before and we have seen that we give more time and love to each other than before.

As we bid farewell to the Blessed Holy Month of Ramadan, we should continue with the beautiful qualities which we have learned and we should stay united as a nation today more than ever before and together in unison we can fight and defeat Covid-19. We should continue to help the poor and the needy amongst us and we should always think of their welfare. May Allah Almighty enable us to do so and make it easy upon us. Ameen.

I am hereby extending to you the warmest salaam, love, prayers and EID MUBARAK of Hazrat Khalifatul Masih V(May Allah be his Helper), the Spiritual and Supreme Head of the worldwide Ahmadiyya Muslim Jama’at, Hazrat Mirza Masroor Ahmad. On behalf of the Ahmadiyya Muslim Jama’at the Gambia, I humbly wish you all EID MUBARAK.

May Allah Almighty accept all the humble devotions and sacrifices that we have made during the Holy Month of Ramadan. May He continue protecting and blessing our beloved and dear motherland, the Gambia and her people and shower peace, security, prosperity and stability on us all. Ameen.

Please do continue to follow all the precautionary measures put in place by the Government and health experts. Thank you all

STAY SAFE

wassalam

Yours sincerely,

……………………..
Baba F Trawally
Amir

As Africans Gear up for Liberation Day Sabally is Set to Inspire the Continent

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As the continent prepares myriad platforms and forums to commemorate Africa Liberation Day on May 25, former Presidential Affairs Minister and International Speaker, Momodou Sabally is set to participate in programmes intended for enlightenment and inspiration of young African minds.

A leading Angolan Economics and Finance journal, Mercado, will feature analysis by the prolific author and motivational speaker, alongside great thinkers and officials from several countries, to be published,  May 25. The journal which has already made previews available online prior to their official publication date, quotes Sabally as stating that “Birth rates and the youth-population dividend all portend a brighter future for Africa as innovation in modern technology (especially ICT) powers the continent to leapfrog the development process.”

Commenting on the challenges presented by the COVID-19 pandemic, Sabally avers that while pundits predicted massive death rates and  suffering for the continent, “the prophets of doom and gloom are all aghast at the very low rates of infection and death on the continent even as the coronavirus ravages developed countries like America and Italy. Instead, we have found the first plausible cure for COVID-19 emerge from Madagascar even as Senegal celebrates the invention of the fastest COVID-19 test kit at the lowest price.”

On the same day at 5.30 pm (GMT), Sabally will join a panel of distinguished scholars including Dr Ameena Ali and renowned historian Hassoum Ceesay on the theme “Reflections On Africa Day”. The panel will be hosted by GRTS anchor Ebrima Baldeh, who is currently pursuing graduate studies at New York University in the United States. 

It could be recalled that Mr. Sabally recently addressed young African leaders (through video conferencing) on the theme “Institutional Management” with specific emphasis on communication, accountability and relevance. The audience of young leaders comprised youth from different African countries and diverse backgrounds, professionals in various fields and university students.

President Barrow sends delegation to Basori after police attempted to arrest Caliph

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By Lamin Njie

SIS chief and deputy governor of West Coast Region met with the Caliph of Basori Alhaji Mounirou Darboe on Sunday following an incident involving the police.

PIU officers on Sunday stormed the house of the top Islamic leader as villagers gathered there for the Eid congregational prayers.

Multiple sources told The Fatu Network the police attempted to take the caliph as the villagers resisted.

The police who were armed with AK47 rifles and teargas then left after reportedly receiving a call from the ‘top’.

A source said the Caliph spoke with President Barrow on the phone on Sunday who told him he was not aware of the incident and had not sanctioned it.

A President Barrow-sanctioned delegation comprising SIS director general Ousman Sowe and West Coast Region deputy governor Musa Suso met with the Caliph later on Sunday as news of the incident came out.

The delegation took colanut to the caliph in a bid to ending the fuss.

Police spokesman Lamin Njie (not the author of this story) has not been able to immediately comment on the issue.

Breaking: Police equipped with AK47 rifles storm top Islamic leader’s house – as he stages Eid prayers

By Lamin Njie

Police Intervention Unit officers have stormed the compound of Basori Islamic leader Alhaji Mounirou Darboe, according to reports.

Sources have told The Fatu Network the Khalif organised Eid prayers in his house on Sunday joined by his followers.

PIU officers equipped with AK47 rifles and teargas arrived at the Sheikh’s house at around 10am, a source said.

Basori is in Kombo east.

More follows…

GAMBIA ARMED FORCES, FALL NOT FOR THE CEASELESS PROVOCATION

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I had intended to remain silent about the recent Senegalese military incursion into Jarra Soma or somewhere around there last week; but after being bombarded with multitude of messages from friends and acquaintances asking for my thoughts, I decided to make a brief statement on the provocative incident(s).

I have nonetheless noticed so many new voices of Gambians protesting about these incidents for their contempt to our sovereignty and frequency along our borders but often trivialized and justified by the Gambia government in order to cover up the illegal escapades.

It however goes to prove that given the nationalistic propensity of our citizenry, it will be naive to assume that the longer these Senegalese troops remain occupying our country the more likely Gambians will accept the ill-conceived political and economic “symbiosis” being gradually imposed on us. Gambia is not Guinea Bissau and we fully-well know what France is up to.

To say that their combat-fitted military patrol had lost their navigation bearing and strayed into the Gambia when earlier reports disclosed their intention to confiscate wood/logs from Gambian loggers until the youth in the immediate vicinity demonstrated a concerted resistance against them is an excuse for the dupable. The last time they attempted a similar infiltration, the situation degenerated into a stand off between them and a lightly-armed detachment of the Gambia Armed Forces until the authorities had to swiftly intervene and force the marauders to withdraw. More of these mischiefs have been registered including another recent one at the TransGambia Bridge which again required our authorities to intercede and settle the altercation; but the most offensive so far was the so-called hot pursuit of an innocent Gambian found in his house around Basse, where a heavily armed Senegalese security cell that had illegally crossed our borders, forcefully entered into the “suspect’s” premises, shot and arrested him before bundling off the poor fellow back to Senegal.

To add insult to injury, witnesses had reported the trespassers bragging about arresting along any member of the Gambian police or armed forces who would have attempted to stop them in their illegal act. There were none in the village, anyway. Was that not textbook agent-provocateurs on steroid?

Of course, our defense minister Shiekh Omar Faye tried to spin the lawlessness, justifying it on a dubious security pact signed by Senegal and Gambia that licensed them into such thuggery. Gambian forces dare not conduct such operations into Senegal no matter the seriousness of any defense agreement signed between the two states.

In fact, hot pursuit, also known as “fresh or immediate pursuit”, means a close continuous pursuit of a fleeing suspected lawbreaker or hostile military force especially across territorial lines. That definition in no way corresponds to what happened when foreign thugs in uniform, found a man/suspect in his house in a friendly country and shot and arrested him for a crime he was later exonerated of all its charges. The level of high profile criminal that will warrant a hot pursuit wouldn’t be easily found innocent by any serious court, much more on the suspect’s first appearance before a judge. No matter how the defense minister spun it, the whole operation was unlawful while the victim, later released, went with his injuries and having nowhere to complain about the injustice. He could have been killed just like Harona Jatta of Kaninlai and justified by our unconscionable judases.

However, I heard that the commander of the Farafeni Barracks this time deployed soldiers to Jarra to confront the Senegalese-armored-patrol unit that had left before their arrival. Video footage of the unit in the village showed a well equipped, battle-prepared force surrounded by an angry confrontational crowd. Like I said earlier, the excuse that they wandered off into Gambian territory is just another fox and bull story.

Yes, the last time they committed a similar provocation in the Kombos resulting in a tense logjam with the members of the Gambia Armed Forces, Gambian authorities again dismissed it with the lame excuse that the heavily armed combatants crossed into the Gambian village to pay a curtesy call to a senior religious leader. Dumb excuse!

I want to once again reiterate my counseling to the Gambia Armed Forces command to be wary of these calculated provocations. They mustn’t be nudged into a confrontation with these ruffians; the only feat they are looking for is to spill Gambian blood since they invaded our country for no justifiable reasons in 2017. They have seized all the army’s heavy arsenals and took them away to Senegal, leaving our troops with only light weapons and are still bent on nettling them into a fight that they will certainly win, ultimately giving them the legitimacy to indefinitely occupy the country.

The GAF PRO Major Sanyang in his interview with the Fatu Network made it clear that the contents of the defense agreement signed by the Barrow and Sall governments on the hot pursuit issue in particular was beyond his expertise. That is essentially another way of conveying the limited understanding of his superiors about what was signed in Dakar or even the terms and conditions of deploying these savages in the country.

They shouldn’t ever be bothered by the insignificant backseat-drivers calling them cowards and all sorts of names for not doing something foolish. In other words, they shouldn’t be lured into a fight they cannot win. That is simple military science. To get into a fight, the soldier must be assured winning it or inflicting maximum damage to the enemy; although unforeseen circumstances can always alter the dynamics in the battlefield.

I don’t expect any change in the helplessness of the GAF under this government; but hopefully the next Gambia government will provide them with the autonomy and vital combat training to resist these kinds of military banditry that is not fought by conventional means but by modern gorilla tactics. The GAF have been recognized worldwide for their special peacekeeping skills; so the next training objective should be geared towards the establishment and reinforcement of a formidable and disciplined force in gorilla warfare. All these intimidating armored personnel carriers and heavy caliber machine-guns can easily be neutralized by a well trained gorilla-fighting unit, especially within one’s own terrain and one’s special advantage of home support.

In the event of another incursion, which will doubtlessly occur again and again, let the statehouse call Dakar and settle it between Mackey Sall and Adama Barrow. They know what they secretly signed together. And if our lawmakers and politicians are too chickenhearted to ask for the contents of the  document/agreement which I can guarantee bore no legality, why kill or die for it? Any bastard who die for it will die for nothing. They will merely shift the blame on the victims for starting the trouble and perhaps reward the killers with promotions; after all, the lifeline of this new Gambia government is directly wired to the seat of President Mackey Sall in Dakar.

Senegalese troops will never be crazy to stray into Mauritanian and Malian territories much more to conduct an illegal hot pursuit across their northern and eastern frontiers. They have been looking for Gambian blood and will never stop until they quench their thirst of it.

Unless we know what it exactly entails, maybe we should start considering the possibility of taking this illegal arrangement to the ECOWAS or international courts.

Thanks for reading. Eid Mubarak.

Samsudeen Sarr

New York City

President Barrow registers appreciation to imams for respecting SoPE regulations

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President Adama Barrow has expressed appreciation to imams in The Gambia for adhering to the ban on public gatherings.

In an Eid message that mostly centred around the coronavirus crisis, the president said it is obvious that protecting and saving lives is one of the key teachings of Islam.

Mr Barrow said: “This is one of the saddest periods in our history, as Muslims had to observe the holy month with restrictions that deprived them of the freedom to move freely or congregate in their places of worship, including the holy sites in Mecca and Medina.

“In this light, I register and re-echo special appreciation and recognition to our religious scholars and leaders for adhering to the regulations of the State of Emergency and the measures adopted to protect all of us from the pandemic.

“It is obvious that protecting and saving lives is one of the key teachings of Islam. With mixed feelings, therefore, I congratulate all Muslims on the solemn occasion of Eid-ul-Fitr.”

President Barrow improvises over public holiday amid Eid hodgepodge

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President Adama Barrow has declared today Saturday a public holiday in The Gambia in observance of Eidul Fitr. The president has also declared Monday 25 May a public holiday.

The late declaration comes as the Supreme Islamic Council cancelled its initial Eid date of Sunday.

The country’s top religious body on Friday appointed Sunday as Eid in The Gambia but flipped very late in the night after new information emerged.

The president has now improvised and has declared Saturday a public holiday instead of Sunday.

SIC’s cancellation of its initial pronouncement has caused confusion across the country.

On the Chronicles of Lambai: Exploits of the Great Sons of Salikenni in Gambian Politics (Part 3)

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The history of politics in Salikenni cannot be written without a major segment dedicated to the exploits of the late Dr. Lamin Naffa Saho. Dr. Saho [8th August 1944 – 6th May 2007] was a Gambian political scientist, leading politician, and statesman. 

He attended Salikenni Primary School, and Armitage High School, in McCarthy. Dr. Saho obtained teaching certificate from the Yundum College in 1964.

From College, he was awarded scholarship by German government to pursue his Bachelors, Masters and PHD in political science at Bochum University in Germany. He completed his PHD in 1975, and returned to the Gambia with his family, and joined politics.

As a Youth activist, he established Youth\Community center, health centres, and brought many community projects to Central Badibou with his German friends. 

As a politician, Dr Saho, strived to salvage and empower his people, and making sure that they lived a dignified life. Out of his service to his community, he earned the title “Naffa”.

“Naffa” is a Mandinka word meaning benefit. Lamin was foundational in defining his constituency’s spirit of community development , self-determination, and political tolerance. 

Dr Naffa Saho had a socialist orientation. He always emphasized that Gambia would develop only if the people are selfless, and care for the common good. He believed strongly that it is necessary to be virtuous and generous, and he regularly attended religious services. He erected a Mosque at his compound in Sukuta. 

Dr Saho was in his mosque reading Surah Ya-ssin [Chapter 36 of the Holy Quran] when he received information that his wife gave birth to a baby girl. He continued reading the chapter, then rushed to check on them at the hospital. He named the child after the chapter; Yassin. Yassin is now a Law graduate in the United Kingdom. Dr Naffa Saho retained a strong faith in Allah until his death in Birmingham, UK.

He was passionate about academic excellence, moral uprightness and environmental protection. He had uncommon appetite for intellectual discussion. He emphasized the need for self-actualization, hard work and go-getter lifestyle. He detested idleness and unproductive conversations.

One of Dr Naffa Saho’s notable traits was his humility, respect, care for the less previledged and determination to secure sustainable development in the Gambia. 

His wife fondly remembers Dr. Saho for his generosity. Aja Ndela Singhateh [Daughter of, Sir Farimang Singhateh, the first Gambian Governor of our country]: Ndela  recalls that she once asked him to give her money to buy somethings for herself; Dr Saho told her that she had to wait till another time because he did not have  enough cash at hand. Minutes later, he was approached by one ‘Oustass [Islamic Teacher] for financial assistant, he handed the man some money. When Ndela asked him how he managed to have helped this guy after telling her that he was not having enough money, he responded with these words: “This dude has family to take care of, and that he deserved to be helped with a sense of urgency. Your request was important too, by the way, but you can wait until tomorrow.”

Some of his close associates tells me that, Dr Nafa Saho had helped his political opponents more than his cronies. 

According to his first child, Fatoumatta Saho, Naffa Saho loved reading and writing. He kept his dark black Afro hairs neat at all times. At his leisure, he  would narrate stories about his early life to his family. He was always on the move

He liked driving around the city, going to the Parks to unwind and chill out with his family. 

“My relationship with my father was special. I had the best dad. He loved his family. I was never embarrassed to talk to my father about things that I wouldn’t be embarrassed talking to my mother about.” – Fatoumatta. 

In 1982, Dr Lamin Saho contested for the Central Badibu parliamentary seat as candidate for the  PPP against Opposition Sheriff M Dibba of NCP. This was a an epic clash of titans between two great sons of Salikenni.

Political pundits say, there’s something spectacular and unique about Central Badibou constituency. The founder of NCP, was the prominent candidate in this constituency from independence up to 1982. 

Dr Saho defeated Sheriff Dibba in that hotly contested election in 1982 with a small majority of 95 votes, but went on to consolidate his grip on the constituency. In the subsequent 1987 Parliamentary election, he won the Central Badibou seat again and became the minister of Information and Tourism.

Dr Saho pioneered politics of development in his constituency. An accomplished Parliamentarian, he was widely admired among the people of Badibou. His efforts proved vital for many development initiatives in Central Badibou. 

In 1988 he was asked to resign by President Jawara over his decision to change the sequencing of how national news was read in local languages, at Radio Gambia. On the day he left Jawara’s cabinet, Dr Saho met a handful of people from his constituency in his house, grieved and frustrated. He told them these hope-reassuring words: “Look, President Jawara only removed me as a Minister, but I still retain my parliamentary seat. Only you, my people, can remove me from the House of Parliament through election”. 

Author: Buba S Njie,

Director of Political Department, at Sahel Network TV.

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