By Lamin Njie and Omar Wally

Eight Operation Three Years Jotna protesters appeared in court on Wednesday charged with rioting and other offences over violent clashes at the weekend.

Hundreds of Operation Three Years Jotna members clashed with police at Sting Corner as they protest against President Barrow’s rule. At least 140 people were arrested.

Eight of the protesters appeared at the Kanifing Magistrates Court and charged with rioting, unlawful assembly and demolition of structures.

They are Abdou Njie, Ebrima Kitim Jarju, Sheriffo Sonko, Hagi Suwaneh Fanta Mballow, Karim Touray, Yankuba Darboe and Muctarr Ceesay.

More follows…

The Ministry of Justice said on Wednesday the Gambia government will ‘with immediate effect’ respect the Supreme Court’s judgment branding President Barrow’s termination of Ya Kumba Jaiteh unlawful.

The Supreme Court made history on Tuesday when it ruled as unconstitutional the president termination of Ms Jaiteh as a nominated national assembly member.

The justice ministry in a statement on Wednesday said: “The Government wishes to further assure the general public that notwithstanding its disappointment, it will fully comply with the Supreme Court’s Decision with immediate effect.

“This is the position expected of a government that is committed to respect for the rule of law and democracy. It demonstrates that no matter our individual opinions or divergent views especially on matters of national interest, we are all subject to the law and that no person or groups of persons are above the law.

“The Government therefore calls upon everyone in this country to be law abiding and to make use of democratic processes, including the courts, to address their grievances.”

By Lamin Njie

A member of the Secken sect Yunusa Ceesay has told the TRRC Serign Ndigal stopped praying after a revelation from God.

Serign Ndigal was a top cleric in Kerr Mot Ali in Upper Saloum, whose version of Islam includes not performing the five daily prayers.

The cleric had a followership base of at least 5000 in The Gambia and Senegal.

Yunusa Ceesay who was a student of the scholar appeared before the TRRC on Wednesday and told the probe Serign Ndigal whose real name was Mahamadou Habibullah Secka, was a true man of God who was instructed by God in 2002 to stop praying.

Mr Ceesay said: “Ndigal was following the Sarihatul Mutahhar (the version of Islam that involves praying), that was the way all of us were following. When it was time for prayers, by the time nine minutes have added to the prayers time, that would have found that all of us have prayed. Anyone who knew us knew no one could match us when it comes to praying.

“But after the living room, is the bedroom. It then pleased God [and] we ventured into another way of Islam. The people we were with were confused because we entered a place that they were yet to understand. That was what brought about the misunderstanding. We stayed calm knowing that we knew what they didn’t know, that one day everything will become clearer. So it was in 2002 that Ndigal stopped praying as in the Allahu Akbar prayer.”

By Adama Makasuba

The Supreme Court on Monday upheld the adverse findings of tax evasion by 2012 commission against Lawyer Ousainu Darboe.

The commission established by former president Yahya Jammeh was said to have found Mr Darboe liable of tax evasion amounting to D1,981,296,52.

Mr Darboe however took the case to the top court to challenge the findings of the commission upheld by a lower court.

Presiding over ruling on Tuesday, Justice MM Sey said pursuant to paragraph 3 of the Legal Notice establishing the Commission and section 200 of the Constitution, the Commission has the power to review taxes as she dismissed Darboe’s challenge on the jurisdiction of the Commission to review taxes.

“The Commission has the power to assess and reassess the appellant’s (Darboe’s) tax liabilities,” Justice Sey judged, citing section 200 of the Constitution and Legal Notice 27 of 2011 of giving the sources of the Commission’s power to assess and reassess tax liabilities are.

“The powers to assess and reassess is both for the Commission of Inquiry and the Commissioner General,” she held.

She added: “The Legal Notice conferred the Commission the power to reassess the tax liability of the appellant.”

However, in his appeal before the Supreme Court, Mr Darboe contended that the Commission does not have the power to review his tax; that the power to assess is only with the Commissioner General of GRA. He said he was not confronted with the adverse findings of the Commission and there it violated the Constitution. He said the judgment of the Court of Appeal is against the weight of the evidence adduced.

Darboe argued that the Commission lacked the mandate to reassess his tax and therefore, the action was contrary to law because the Commission was not conferred with such powers. He relied on Section 23 (1) of the National Sales Act, Sections 64 and 84 (1) and (2) of the Income Tax Act to support his challenge on the powers of the Commission to reassess taxes. He contended that there was no evidence of fraud against him adding that the Court of Appeal failed to properly assess the documentary evidence before it. Darboe challenged the Commission’s finding saying it is not supported by evidence.

Darboe began by saying he was called to the bar in 1973 and he established his law firm in 1980. He told the Court he was the lawyer to several companies including GAMTEL, SSHFC, GPTC, Gambia Airways and the Continental Bank but when he began, he ventured in politics in 1996, he lost his customers and some of them were not forthcoming.

By Adama Makasuba, at the Supreme Court

Ya Kumba Jaiteh reacted to the Supreme Court’s judgment with a smile as she said the top court’s judgment is a victory for the country and its democracy.

The country’s highest court today ruled that President Adama Barrow acted unlawfully in terminating Ms Jaiteh as a nominated national assembly member.

Ya Kumba Jaiteh handed the supreme court its real first test of the post-Jammeh era when she in 9 March 2019 filed a lawsuit at the supreme court challenging her sacking by President Adama Barrow. The president who the law allows to nominate five people to the national assembly had sacked Ms Jaiteh two days earlier. Ms Jaiteh then went to the court claiming the president didn’t have the power to do so.

However, on 15 March 2019, Ya Kumba appeared to have lost the case when the supreme court rejected her application that sought to prevent the swearing in of her replacement, Foday Gassama, who President Barrow had tapped to replace her.

On Tuesday, the country’s highest court finally ruled on whether the president was right in sacking her. The court held that she was unlawfully sacked.

“The purported termination of nomination of Ya Kumba Jaiteh through an executive letter was unconstitutional, null and void,” Hassan B Jallow, chief justice, said in a unanymous judgment.

“The third defendant, Gassama’s nomination is unconstitutional, null and void,” he added.

The chief justice then issued an injunction for Mr Gassama to desist from presenting himself as a nominated member of the national assembly ‘anywhere’.

Ya Kumba Jaiteh spoke to journalists outside the court saying the court’s decision was a victory for the country.

“This is not Yakumba Jaiteh victory but the victory of the country and its democracy. This was a test of the judiciary,” she said.

The Supreme Court will any moment from now pass judgment in the case of Ya Kumba Jaiteh.

The former nominated national assembly member last year dragged President Barrow to the Supreme Court after the Gambian leader sacked her from her role as NAM. She insisted the president didn’t have the power to sack her.

The Supreme Court will this morning deliver judgment in the case.

By Lamin Njie

Operation Three Years Jotna spokesman Haji Suwaneh has detailed how a man invaded their crowd as they were about to march to the Independence Stadium.

In a write-up shared with The Fatu Network, Mr Suwaneh said: “It all started around 10 am. This was when I arrived at the protest place. I found that they closed the road at old Jeshwang and said protesters must return back and take diversions to Bakau which was never communicated by the police to me as the spokesman of the movement.

“When I asked Commissioner Njie and his deputy, they simply replied that the protesters were supposed to enter through Sting Corner to the protest zone. This is how the problem started.

“People then started to feel disappointed at the way the police are treating them. I tried to convince the crowd to stay calm and allow me to talk to the commissioner. When I talked to the commissioner, he then ordered his men to open the blockage for the protesters to enter. The situation became calm, people started dance and chanting.

“Around sometime after 11 am, a Barrow supporter of NPP called Masireh Kanteh interfered with peaceful protesters by using his Barrow fans club given motorbike to ride into the crowd. He was captured and identified as Masireh Kanteh of Barrow Fans Club

“He was safely removed from the crowd without harm and then another man with an APRC t-shirt chanting, ‘by force Jammeh’ came. He was provoking the peaceful protesters but the police never did any effort to arrest Masireh Kanteh who was the cause the violence by interfering with our possession.

“Masireh later confirmed in a Whatsapp audio that he used his motobike to enter in the crowd. In his audio message, he continued by saying his motorbike never got burnt, that he was safe even as he was ready to die to defend Barrow.

“My and I colleagues managed to calm the situation and the ambiance resumed. Then just when we were trying to arrange the crowd for the possession which supposed to start at 12pm, see tear gas fired on my head when there was no confrontation between the security and the protesters.

“I was surprised because they never communicated to me that the permit was revoked as the spokesperson and again the December 16 protest, there was no police intervention or crime management unit heavily armed near the protesters.

“The 26 January protest was well planned. The police [was intent] on creating havoc and to disperse the crowd before it assembled. I swear this is the way it happened.”

By Adama Makasuba

Turkey President Recep Tayyib Ergodan jetted into the country on Monday for a day’s official visit, the first time a Turkish leader is doing so.

Turkey and The Gambia share bilateral ties dating back to since the latter gained independence in 1965.

Mr Ergodan touched down at the Banjul International Airport Monday after afternoon, received by President Adama Barrow. The two leaders ten made a short trip to State House in Banjul for a closed-door summit.

Speaking at a news conference shortly after a close-door meeting with Barrow, Mr Erdogan assured that “we are more than ready to cement cooperation [with The Gambia].”

He praised The Gambia’s action in taking Myanmar government to the International Court of Justice ensuring that Myanmar minority Muslims earn justice.

Mr Erdogan who becomes first Turkey’s president to visit The Gambia said his country is strengthening its economic relationship with Africa in areas like energy, agriculture, health, tourism and construction sector. He assumed office in 2014.

Also speaking President Adama Barrow expressed delight about the long-time saying “your government demonstrated strong support to our transitional program with military support to the sum of 17 million US dollar for the period of five years.”

“My government is ready to enhance and explore economy agreement with Turkey through foreign direct investment,” he said.

The United Democratic Party has issued a statement condemning acts of violence meted out to Gambians who took to the streets on Sunday to demand President Adama Barrow’s resignation, the first party to do so.

At least 130 people were arrested on Sunday amid violent clashes that erupted between police and Operation Three Years Jotna protesters.

UDP on Monday said in a statement: “The United Democratic Party has observed with great concern the events of January 26, 2020 between the security forces and members/supporters of the ‘Three Years Jotna Movement’.

“The United Democratic Party is known for its respect for human rights, tolerance and adherence to freedom of expression and assembly; as demonstrated by its conduct over the past 25 years. We therefore, strongly condemn the disproportionate use of force and acts of violence against innocent protesters who were engaged in exercising their democratic rights to protest under a permit issued by the Inspector General of Police.

“The party took note of graphic images of Gambians being brutalised by personnel of the Police Intervention Unit (PIU). This included the beating of female protesters already arrested. The UDP urges those who continue to advocate and claim to be supporters of women’s rights to review their positions in view of the mistreatment of innocent female protesters.

“The closure of media houses is unacceptable. Media reports have it that the Minister of Information was not privy to any decision taken to close these media houses. We condemn this action on the part of the police and urge government to reopen these radio stations immediately. The arbitrary closure of media houses and arrest of journalists was the hallmark of the Jammeh administration.

“The party also understands that many arrested individuals have been denied access to legal advice and family visits; and some of the arrested individuals require medical attention. They have been denied these rights and this is reminiscent of the Jammeh-era excesses.

“Media images also showed a young man who lost his teeth and was bleeding profusely as a result of violence by the PIU. These are not the kind of images and types of actions Gambians expect to see post-2016, neither is this the change Gambians voted for in December 2016.

“The United Democratic Party calls upon the government to observe the principles of the rule of law and cooperate with the Human Rights Commission to conduct an enquiry into why a peaceful and lawful demonstration was violently disrupted.

“We equally appeal to all citizens to exercise restraint and observe the rule of law in the exercise of their rights in the interest of peace and national security.”

The National Human Rights Commission has said it has received with great concern news of violent clashes between members of the Police Intervention Unit and Three Years Jotna concerned citizens.

Riot police and protesters under Operation Three Years Jotna clashed at Sting corner as they protested against President Barrow’s plan to extend his term.

The National Human Rights Commission in a statement said: “The NHRC is informed that a number of protestors and PIU officials were injured, 137 arrested and the operational license of two FM radio Stations suspended.

“The NHRC in its Press Release dated 14th January, 2020, following two meetings with executive members of the 3 Year Jotna Concerned Citizens and the Inspector General of Police and some members of his senior team on January 9th, expressed its concern regarding the tension that was already brewing between the two bodies.

“Unfortunately, the incident on the 26th January confirmed the fears raised by the NHRC, that if the misunderstanding was not addressed, it may lead to public order.

“Violence of this nature must be avoided at all cost. The NHRC stands by its statement published on 14th January 2020 and indulges both the law enforcement agencies, the 3 years Jotna Concerned Citizens and any other entity to exercise restraint and abide by the law.

“In this regard, the NHRC is requesting that all those who are arrested are accorded due process as stipulated under Sections 17 and 19 of the 1997 Constitution; those injured are afforded the right medical treatment; and that the government reconsiders its decision to suspend the licences of Brikama-based Home Digital FM and Tallingding Kunjang-based King FM radio stations.

“The NHRC reiterates that as a nation, everybody abides by the rule of law and due process to prevent anarchy and lawlessness in the country. The NHRC also reminds the State and its agents that they are the primary duty bearers who have the obligation to respect, protect and fulfil the fundamental rights of everyone living within its jurisdiction. Everyone also has the responsibility to build a peaceful and prosperous Gambia where human rights are respected and enjoyed by everyone.

“The NHRC will closely monitor the situation to ensure that human rights standards are observed and maintained.”

By Lamin Njie

Amnesty International has reacted to Sunday’s violent protest which saw the arrest of 137 people.

At least six people were hospitalised at Kanifing hospital among them a man who lost almost all his teeth after he was allegedly hit with a rock on the face by a police officer.

Amnesty’s Marta Colomer reacted to the violence on Monday saying Sunday’s crackdown on protesters had “alarming echoes of Gambia’s brutal past”.

The human rights group’s acting deputy regional director for West and Central said: “There have been some significant improvements in the country’s human rights record since President Adama Barrow came to power, but the use of excessive force by security forces to disperse protesters risks fuelling tensions and steering Gambia back to dark days of repression.

“Last night, media quoted medical officials reporting that three people were killed, and many others injured with broken legs in clashes which broke out, with security forces using tear gas to disperse protesters. The authorities claimed that there are no fatalities. They now must promptly, thoroughly and effectively investigate the allegations and bring to justice anyone suspected to be responsible.

“No one should face arrest simply for exercising their human rights to freedom of expression and peaceful assembly. The authorities must immediately and unconditionally release all those detained for exercising their right to peaceful protest. We also call on them to reopen the radio stations which they closed and release the journalists detained. Any attack on media freedom should end.

“President Adama Barrow must not forget his significant promises to improve the Gambia’s human rights situation. He must ensure that journalists are able to carry out their work without fear of reprisal and immediately lift the ban imposed on civil society organizations.”

By Lamin Njie

The chairman of the Constitutional Review Commission has said his commission has met and asked the Gambia Christian Council and the Supreme Islamic Council to resolve their differences through dialogue.

The CRC held a press conference on Monday to share with members of the general public its work in the past few weeks.

The news conference is coming amid tension between Muslims and Christians over the issue of whether or not The Gambia should be made a secular nation.

The CRC chairman in a statement said his commission has engaged the duo religious bodies of Supreme Islamic Council and Gambia Christian Council.

“The Commission also met with The Gambia Christian Council and the Supreme Islamic Council to discuss their submissions on the draft Constitution and to encourage dialogue between the leaders representing both communities in the wake of the intense debate on secularism,” Justice Sulayman Jallow said while outlining the activities the CRC had been engaged in.

On the issue of the second round of countrywide public consultation on the new draft constitution, Justice Jallow said: “The CRC embarked on a second round of countrywide public consultations from the 31st of November to the 16th of December 2019 to share and inform on the provisions in the draft Constitution, hear the citizens’ perceptions on the proposed provisions and recommendations proffered by citizens.

“The second round of public consultative meetings were held in 13 (thirteen) communities from the 7 (seven) Administrative Areas of The Gambia in the following venues: Banjul, Fass Njaga Choi, Kerewan, Kaur, Diabugu, Basse, Jangjanbureh, Jareng, Soma, Kwinella, Bwiam, Brikama and Kanifing Municipality (KMC).

“In all these communities, the CRC ensured that the Local Government Authorities, Seyfos, Alkalos, School Administrators and Community Based Organisations (CBOs) were availed with adequate advance copies of the Draft Constitution in order to facilitate public access and to allow Gambians to familiarise themselves with the proposed provisions and subsequently provide feedback to the Commission. By the end of the two week public consultation in the communities, the Commission had met 3,011 (three thousand and eleven) Gambians in the 13 (thirteen) communities visited.”

By Lamin Njie

A video of a police officer running after a female protester and hitting her on her buttocks while his colleague appeared shocked has emerged online.

Hundreds of Operation Three Years Jotna protesters clashed with police at Sting Corner as they protested against President Adama Barrow’s plan to extend his rule. At least 130 people were arrested during the violent protest.

The ugly scenes saw the arrest of a number of women who were also out on the streets to protest.

A video has now emerged online where a police officer is seen hitting a female protester as she was being escorted.

In the video, a police appeared from nowhere and hit the female protester on her buttocks.

His colleague looked back appearing not happy with his action. Another officer was then seen hitting the woman on her backside.

Watch video below;

By Lamin Njie

The Gambia Press Union today reacted to the Gambia government proclamation warning journalists against dealing with members of Operation Three Years Jotna.

Violent protests erupted in the country on Sunday resulting in the arrest of over 130 people. Two radio stations were shut down by the government while four journalists were also arrested.

The Gambia government in a statement classified Operation Three Years Jotna an illegal movement and warned journalists against dealing with them.

“Henceforth, any person, Radio Station, business or group that chooses to do business with Operation 3-Years Jotna and or promote their agenda will be in violation of this pronouncement and will face severe consequences,” the government said in a statement.

GPU held a press conference today lashing out at the government over its ‘proclamation’.

“…the proclamation contained in yesterday’s press release which appears to warn journalists against presenting divergent views is equally as dangerous as it is unlawful,” GPU said.

It added: “It has no legitimate basis, and therefore, we call on the media to disregard it and present as diverse opinions as possible on any issue of legitimate public interest and the issue of the tenure of the president is one such issue.

“We will challenge any attempt by the government to pursue further with the implementation of this proclamation.”