By Bubacarr Drammeh

The dismissal of Hon. Ousainou Darboe, the Secretary General of the United Democratic Party (UDP), was destined to happen. There has been tensions between the President and his number two after the establishment of the Barrow Youth Movement, the rejection of the movement by the UDP, and the UDP’s refusal to nominate and select the President as the leader of their party. The supporters of Mr. Darboe, majority of whom are his party militants, believed that he was betrayed by someone who once regarded him as his political father. The termination of his service, as the second most powerful person in the executive of The Gambia, seems to energize his base. Within a week of his termination, political rallies were organized to show support for him and perhaps to send a message to the president, that the UDP is the most powerful party in the nation. Mr. Darboe said that the outpouring support reminded him of two occasions: first, the inception of the UDP; and second, the day he was released from prison.

Majority of political pundits are of the opinion that Mr. Darboe would be the flagbearer of the UDP in the upcoming 2021 presidential election. Mr. Darboe when asked in an interview with The Gambia Time has refused to rule out himself as a contender for the next scheduled election. He insisted that the members of the UDP, not him, will decide the party’s presidential candidate. Mr. Darboe’s refusal to rule out himself as a contender, buffered by the high popularity he enjoys among members of the UDP seems to almost guarantee that he will be chosen to be the flagbearer of the party in 2021.

Mr. Darboe’s removal as the Vice President of The Gambia has sparked a national debate with respect to his eligibility to run for president under the current constitution of The Gambia. The paramount question is, whether as a result of his dismissal and termination from the public office as the vice president bars him, constitutionally, from running for office?

During the UDP Seattle Chapter inauguration in Washington State, Mr. Darboe was asked, by The Gambia Times Correspondent, his response to people who hold the opinion that he is not qualified to run for office come 2021 if the constitution Section 62(3) remains in the constitution or is adopted in the next constitution. He responded thus:

Let them come up with it. In fact, somebody mentioned it and told him if anybody is dissatisfied let them go to the Supreme Court. In any case, I think people misread that provision. I think is subsection 3. People misread it . . .. Can I sue the government for unlawful dismissal? So why would you say that section would apply. For termination you either give the person one-month salary in lieu of notice or you give one-month notice. So, is the president required to order for me to be given one-month salary in lieu of notice or one-month notice? That section is applicable to people who are public servants. Because it is a public servant or a permanent secretary whose service can terminate or whom you can retire or dismiss. If I cannot sue for unlawful dismissal, why would that section apply to me? If I cannot hold on to a ministerial position until I retire why would that section apply? They just don’t understand. They just read bare letters without really applying your mind to what you lawyers will call the purpose of the section.”

What is the position of the law as of now? Is Mr. Darboe right in his analysis of the law or those with the opinion that he is barred by the constitution are correct even though they have not, supposedly, averred their minds to “the purpose of the law?”

For the purpose of clarity, I reproduce below Section 62(3) ipsissima verba:

A person who, while holding public officein The Gambia has been—

(a)  compulsorily retired, terminated or dismissed from such office, or

(b)  has been found guilty of any criminal offence by any court or tribunal established by law; or

(c)  has been found liable for misconduct, negligence, corruption or improper behaviour by any commission or committee of inquiry established by law shall not be qualified for election as President.

Evidently, any person who once hold a public office is not qualify to contest for the Presidency in The Gambia, if, during the time he or she was holding such office, his or her service ended because he or she was dismissed or terminated or compulsorily retired; or during the time he or she was holding such office, he or she was found guilty of any criminal office; or during the time he or she was holding such office, he or she was found liable for misconduct, negligence, corruption or improper behavior.

The key words from section 62(3) are PUBLIC OFFICE. What then is a public office? A public office as per Section 230 of the constitution “includes an office the emoluments attached to which are paid directly from the consolidated fund or directly out of moneys provided by Act of National Assembly, and the office of a member of a local government authority or staff of a public enterprise.” Thus, any office, whose salary, fee or profit from employment or office are paid directly from the consolidated fund or directly out of moneys provided by an Act of National Assembly is a public office except if the constitution provided otherwise.

Is the office of the Vice President designated as a public office by the constitution? In The Gambia, those working for the state are either holding office in the public service or are holding a public office. The constitution as expressly provided in section 166(4) that the office of the Vice President is not an office in the public service. The said section provides thus“In this Constitution, an office in the public service does not include— (a) the offices of President, Vice President,Speaker or Deputy Speaker of the National Assembly, Secretary of State or a member of the National Assembly.” Therefore, it is clear from the aforementioned constitutional provision that the office of the Vice President is not an office in the public service.

Section 156 of the constitution provides thus:

• The salaries and allowance, and the retirement benefits, of the holder of the offices to which this section applies shall be a charge on the Consolidated Fund.
• This section applies to the offices of – (a) the President and the Vice-President;(b) the Speaker (c) a judge of a superior court; (d) a member of the Independent Electoral 
Commission; (e) the Auditor general; (f) the Ombudsman; and (g) the Director of Public Prosecutions.

Thus, from the aforementioned provision, it is clear that the salary and fees for office of the Vice-President are paid directly from the consolidated fund. That being the case and considering the definition of public office as per section 231 of the constitution, the office of the Vice-President is a public office.

It is a fact that Mr. Darboe was relieved of his duties as Vice President. He was either dismissed or terminated by the President. And having established that the office of the Vice President is a Public office as per sections 231 and 156 of the 1997 constitution of The Gambia. If the constitution remains as it is until 2021 presidential election, Mr. Darboe will be constitutionally barred from running for office if members of the UDP chose him as their flagbearer.

Mr. Darboe may be right when he said, “if anybody is dissatisfied, let them go to the supreme court.” The issue with his statement is that his nomination could be rejected by the Independent Electoral Commission (IEC) base on Section 62(3). If that happens, he and the UDP would have to go to the Supreme Court to challenge the rejection of his nomination. This would have consequences for him and the UDP. While other parties are campaigning for the presidency, he would be challenging the rejection of his official nomination of the ballot. On the other hand, if his nomination is accepted by the IEC, his opponents would likely challenge his nomination. And in that scenario, his party would definitely be in court defending his eligibility to be on the ballot for that presidential election. Such reactionary move could have an adverse effect on his party. Should United Democratic Party do something about this prior to 2021 in order to avoid any such distraction? Yes, it should. Can they do something about this issue before 2021? Yes, they can.

I respectfully disagree with Mr. Darboe’s position that “That section is applicable to people who are public servants. Because it is a public servant . . .  whose service can terminate or whom you can retire or dismiss.” The section 62(3) is applicable to holders of public offices which includes the office of the Vice President. Furthermore, holders of public offices can be dismissed or terminated from office or compulsorily retired as per S.62(2).

Finally, this provision does not affect only Mr. Darboe. It affects Mai Fatty, the leader of the Gambia Moral Congress (GMC); Dr. Amadou Janneh, the newly UDP member; Amadou Sanneh, former    Minister of Finance and Minister of Trade; and any holder of a public office dismissed or terminated by President Adama Barrow, and by his predecessor former President Yahya Jammeh.

With all honesty Barrow did his best with his UDP family. We all saw how posts were divvied up in 2017. He willingly or unwillingly left out all others not wearing yellow T-shirts. Ambassadors, Ministers, and other key posts save a few, went to UDP supporters or sympathizers. It was all milk and honey then. Any who dared speak or point out such facts got chastised and branded “haters”! “Give the government time you impatient haters and job seekers”! That was the rhetoric. Many folded, did own businesses, went on hibernation or totally gave up on publicly speaking about Gambian affairs. The labels were flying like cheap kites at wharfi nyago! HE was Moses. Those who dared even ask for right spelling of mankamang kunda got rained with “hater and wishes of heart attack” for having the guts!!! Don’t dare call him Adu, or Manasi. That’s the sacred baby and lifesaver so you better reckon. Even with “Banko Taa”, Barrow was still a loyal son.

Then I heard there were WhatsApp audios being disrespectful and saying they control him and other degrading remarks. He was the best since slice bread until he came up with Youth Movement and some started feeling threatened. The breakup started.

It was gradual but intense. At the same time, other Gambians who didn’t see themselves in Administration were speaking louder. Barrow started looking at non UDP and the fragment which was the size of a pebble on a windshield, stretched. The pea sized crack could have been cured but hey, confidence was at its max. Phrases like, “he came from us, we are the biggest, we made him, haters can’t divide us” started flying this time like helium balloons. The signs were ignored due to some false confidence.

That’s all cool but why not be gentler with the hand that was feeding you? Yakarr yap ma! No human will tolerate that! Be honest! Confidence of biggest in Bathurst shielded our outlook. Worldly teachings, tell us no matter our might, we always need each other! Remember you can get a lot with honey than vinegar! Manasi did his bit by filling public posts with his UDP family. Once he saw lack of performance or the need for change, he took action. Why kick your son for doing “the job”? Barrow reshuffle in order to add more Gambians shouldn’t be a problem only because you were affected. Barrow is your Barrow until the cows come home (forever). Nekh nahari ?. In Gambian culture we don’t throw our sons out once they reach age of eighteen.

Best thing would be to stop the insults and reconcile with your son, our dear President for 5 years?. Support National Development for all Gambia and NOT just UDP. He ain’t no Dictator and you know it. You told us he was the most humble guy, won’t hurt a fly and a great listener. Well we believe you and agree!!! ?You also told us 5 years or fe toch, again we yielded and agreed! You can’t unlearn or un hear so spare us! #GambiaNice where kick dae nyaka kick dae is our mantra!??

First Dispatch from The Gambia: “The Fierce Urgency of Now”

A Country Longing For a Better Moses, For a Better Mandela, and For a Better Polity

My last trip to Gambia was my first trip where I did not go to collect data or conduct any kind of research. It was also my first trip where I did not spend most of my time in the provinces. I was simply in The Gambia to observe, catalogue, enjoy my family, friends, and our wonderful country. However, there was so much happening in the country and I struggled to capture the essence of everything around me. I have so much to tell you but I need a bigger platform than this medium to dissect the many issues I would like to discuss.

Firstly, Gambia, in my view, is not a country on the ascendency, but on a precipitous decline. Secondly, and a point of emphasis, The Gambia is not a serious state. The folks at the helm are just winging it — etching and sketching their way to oblivion. Mediocrity abound and the ever swelling number of impoverished masses are more worried about their next meal than the governance of the state.

Consequently, the country has all the hallmarks of a failed state: massive unemployment, underemployment, inflation, economic contraction (if this happens in the West, we would call it an economic depression, with all the attendants of urgency and seriousness. But, since we are not a serious country, who cares what the hell we call it, it’s just semantics, right?). The loss of human capital due to lack of investment in human capital and human flight, a crumbling and decayed health and education system, and an inept and corrupt government. The security of the state has been mortgaged to foreign forces. Put differently, we are at the mercy of the Senegalese colossus for our security. The state does not have control over its own security.

Thirdly, the aging population in some parts of the provinces coupled with the youth bulge in the Kombos is a ticking time bomb. In addition, if the state does not do something about the land crisis in the Kombos, it’s going to get really ugly and nasty.

The Gambia is slowly becoming an urban country, where a good many of the populace lives in the urban, peri urban areas. Many people have been displaced from their ancestral lands in the Kombos, creating a huge housing and economic crisis.

Fourthly, what I have observed is that we are malignantly reliant on outside dough, from foreign aid, tourism (this includes semesters), and remittances. And, without remittances — the economy would catastrophically bottom out. We cannot build an entire economy around remittances alone. Evermore evident in the latest developments along the Kombo coastline, overwhelmingly funded by semester dollars — and remittances conservatively accounting for 22% of our GDP. The Semesters are a huge constituency and I reckon most of the youth would like to be part of this constituency, in order to escape the poverty trap.

JFK said that, the one true measure of a nation is its success in fulfilling the promise of a better life for each of its members. In the case of The Gambia, the state has failed in this capacity, as well — and this promise lies beyond the shores of the country, for a good many of the youth. As a result of this, traveling to “Europe” for our youth, either “Backway” or not, is not a choice, but a necessity. They also want to afford the the new D1.5 million homes on the Atlantic.

Because of Gambian fatalism, our “Bayee Ko C Loho Yallah” mentality, it seems like we, collectively, have lost the capacity to question the present, much less offer alternatives to it. Which begs the question: why is it so behind us to conceive of a different set of arrangements to our common advantage? The current arrangement, my comrades, has been disastrous.

‪Finally, for those of us who dabble in the world of theories, of academic exercise, of philosophies — we would be terribly disappointed, for, my friends, Gambia is where all of our great theories, galant literatures, and philosophies come to a seismic halt. All evident, given that absent for a few skirmishes — the state, for all intents and purposes, has failed in all aspects, every single one — to wit, security, education, healthcare, housing. I mean, the state cannot meet the basic demands of the populace. The fact that the state hasn’t collapsed beggars belief, honestly. ‬

To that end, is the Gambian state tenable? What does all of these foretold? I’m not sure but, I do know that, we need to charter a better path. We need a better polity. A better Mandela. A better Moses to lead us to the promised land, for this Moses, is myopically punching above his weight. And, perhaps, we need a better God of Gambian politics. To that, I say, we need a better Gambia.

Watch out for this space. For my next dispatch, I would offer suggestions and alternatives to our current situation. I have so much to say, folks. More to come from my dispatches from home — The Gambia.

So long for now,

Saul Njie, Ph.D.

Visiting Professor of Political Science, Bluefield State College &

Policy Analyst, The United States Government Accountability Office

By Sana Sarr

We have gone through 2 sessions of sittings for the Truth, Reconciliation and Reparations Commission. The testimonies have brought us some truth and some lies, but also left us with many unanswered questions. One thing is certain though, hearing first hand narratives of some of the horrific acts committed by Gambians against other Gambians has been sobering for many. There have been many tears, both for what these realities mean for the nation and also for what some of the victims and their families went through. While the commission took a break from sittings this week, here is, in humorous vein, my mid-season awards to some of the witnesses who have appeared at the commission so far.

1. Zero! – SCHUPIT FOOL AWARD– Remember when your illiterate uncle or grandpa got so mad and wanted to hurl insults at someone they felt was an idiot? Yes, at their wit’s end, their go-to insult was “Schupit Fool!” This award is for the witness who came with the intention to lie to the commission, but is so dumb that they couldn’t even align their lies. The lies were so incoherent and insane that even a toddler could tell it was a lie. Unfortunately, the only person was still “schupit” enough to not realize how obvious they were…and this made them annoying enough to drive grandpa to his wit’s end.

   Ensa Mendy– by claiming that a private soldier making less than $50 a month owned a mobile phone in 1994 Gambia, Ensa really proved himself an *$$ clown!

   JCB Mendy– Annoying as Ensa was, he still couldn’t out-dumb his fellow lie man JCB Mendy. JCB’s lies were frequent, varied and schupit as can be. Dude was so annoying that Lead Counsel Essa Faal could no longer mask his frustration. JCB was like a ghost – one minute he was present at a crime scene and next minute he wasn’t. For example, despite confessing that he was one of the soldiers who confiscated the camera of a photographer, yet, he claimed he couldn’t tell whether the same photographer was beaten by those who took the camera. What did he do, grab the camera and then immediately close his eyes?

2. Zero – COCKROACHAWARD – Following the saying that karma is a dog, many of those who participated in the gross human rights abuses for the former regime had their day at the receiving end of the evil they once supported. A good number of them, however, survived and to this day continue to wear the uniform and have their livelihood funded by taxpayer money. They did so much damage, but like cockroaches, they continue to survive…a shoe is required to squish them.

   Warrant Officer Lamin Colley– could have easily qualified for a number of other awards in the liar categories. Despite reports of his alleged direct participation in at least one gruesome murder, this man continues to serve in the army and actually appeared at the commission in his army uniform! Not only did he survive the evil regime, he also continues to survive today…at least for now.

   Alagie Martin – Although the former regime had slapped him around a few times, Martin has managed to survive the worst of it and continues wearing the uniform to this day. His record as both a supervisor of torture and/or a direct perpetrator himself has long been rumored around town, and it’s no surprise that victims continue to name him.

3. Zero! – NOLLYWOOD AWARD– Have you seen those Nigerian movies, the ones where everything is so exaggerated to the point of absurdity? Yes, this award is for those who overdid it with the storytelling. Not only were the stories outrageous, they were also unnecessary.

   Warrant Officer Lamin Colley – knowing that many of those who saw him shoot and kill a man were still around and some had even named him as the shooter, this fool, still in uniform, decided to recreate the story. He’s not dumb enough to deny shooting, but he’s “smart enough” to spin it…and thinks we’re the dumb ones to believe that he, a medic, heard the voice of Sana Sabally, a man he “was terrified of,” calling for the shooting of a soldier. This “compassionate” medic then saw the fleeing soldier shot, and with Sabally and others who ordered the shooting watching, he, “the compassionate one”, ran to save the fallen soldier… and that’s when his hand “accidentally” fell on his gun and “accidentally” pulled the trigger to shoot the man he was trying to save… in the head! “Kii mor muna d**l!!!” Nollywood directors got nothing on him, and his story may have been funny if it wasn’t so heinous!

   That Jeng Guy – One of the first witnesses called, this dude probably had no reason to lie. I’m not even sure how much he lied, but his whole demeanor showed he was trying too hard to embellish his story just to appear cool. I wonder who he was trying to impress… or maybe he felt this was his 15 minutes of fame and thought to make the best of it. Whatever his reason was, I hope it was worth it, because he has since disappeared back into oblivion. I couldn’t even remember his full name… and no, I didn’t bother to look or ask!

4. Zero! – MAKEUP ARTIST AWARD– We’ve talked about the dumb liars – the ones who embellished stories but because they’re not smart enough, were so incoherent that their lies were obvious. Well, there were smarter folks. They simply took a true story and carefully edited or adjusted parts of it. They did it so well that some people were unable to tell fact from fiction, just like when people use filters to edit photos for social media.

   Captain Amadou Suwareh– One had to pay close attention to Suwareh’s narrative to realize that he was one of the first punks to give in to the coupists on July 22, 1994. Left to man the Denton Bridge and stop the advancing soldiers, Suwareh simply laid down and joined the criminals.

   Alhaji Kanyi did quite well when he admitted to participation in some crimes, including murder, while still claiming innocence in others. He brought the tears and the ratatoyeto curry sympathy. Nyakajomm!

   Dr. Binneh Minteh, one of the plotters of the November 11 attack, who escaped and eventually made his way to the USA, also used his scholarly skills to portray himself as the hero who did nothing but attempt to save Gambia. He gave very little about how the plot was hatched, how he involved unsuspecting innocent folks like Mafuji Sonko or how he learned the plot had leaked, only for him to escape, leaving his partners behind. Yes, when fiction is based on a true story, it’s hard to tell where one begins and the other ends.

5. Zero! – MR. HEARTLESS AWARD– For a long time, many Gambians believed Sana Sabally was the most heartless and wicked of the AFPRC council members. It was not unearned. Sabally’s guards and orderlies were notorious for abusing anyone that got in their way. They publicly shot at cars on the road, beat up cameramen and went around offices to terrorize civil servants. The hearings have revealed that while he made the most noise, Sana Sabally was a punk who relied on guards and orderlies to do the dirty job, much like Yaya Jammeh. Edward Singhateh, on the other hand, who many believed to be the quiet one, seems to actually enjoy inflicting pain on others. “Gee sumayaa mofaa laa” – we say in Mandinka.
6. Hero! – FAVORITE MEAL AWARD– Here we have two. “Water water chu”was a favorite stew enjoyed by the soldiers at the barracks, but it was outdone by “Wet or Dry Cherreh”, the coos meal served at Mile 2 Prisons for prisoners and detainees. Even the notorious gangster rats at Mile 2 refused to eat it!
7. Hero! – ESSA FAAL AWARD– named after the lead counsel because I suspect it’s his favorite part of the job. With name worthy finalists like Di cheb, Churoo, Achopin and Lie tulu Baa, the award for Best Nickname goes to none other than Njie Ponkal. Because of how much he enjoys saying the name, lead counsel Faal should give a plot of land to Mafuji every time he says the name!
8. Hero! – BRAVE HEART AWARD – many will claim heroism. Who are the real heroes?

   AIG Ismaila Chongan– By all indication, Chongan seems like he was the only leader who tried to actively stop the soldiers taking over on July 22. It appears that Chongan never, not even for a moment, wavered on his belief that allowing the military to depose a democratically elected government was wrong. It’s not a surprise that the only shot fired on the day was on his orders. After being jailed, tortured and released, he left the jurisdiction and never stopped speaking out against the regime.

   Prison Officer/Medic Bubacarr Jatta – Buba’s story is evidence that one can work within a flawed system and still maintain your decency, integrity and humanity. He is also evidence that one did not need to be a high ranking official to make a difference. Despite working at what was basically a crime scene, at a time of gross human rights violations, under the most stressful conditions, not least of which was the knowledge that getting caught showing kindness to the detainees could land him in the worst possible situation, this prison warden/untrained medic displayed the best of humane qualities Gambians want to be known for. He did not cure AIDS or build an orphanage. He simply showed compassion and empathy for people when they were at their lowest and needed it most…and they all appreciated him for it. Buba is a national hero!

OJ Jallow– The Civil Rights Movement had MLK and Malcolm X. Apartheid had its Madiba. Many heroes are recognized and appreciated posthumously. He was arrested and tortured in the presence of his young children. He was detained for a long time. He was beaten so badly that he lost one eye. Yet, even while in detention and being tortured, OJ continued to speak truth to power, because he felt it was his responsibility to be a leader. This angered his captors even more and they chose to make an example of him to shut others up. The civilian leaders, Jawara, BB Dabo, Saihou Sabally and many others ran into exile. Security service leaders like Chongan also left the country when they had the opportunity. OJ chose to remain in the country and continued to live his truth, without apology and not for want of an opportunity to flee like the rest of his peers. I’m sure he has many flaws, but when it comes to principles and bravery, others may rise to his level, but none can can go higher than Omar Amadou Jallow!

1. MVP – he won us with his candor, his honesty, his humility and he won us with his charisma. He made us cry and he made us cry. He gave us “tinki tanka” and he offered to demonstrate to the commission how to use the bathroom with both hands tied behind his back!!! Mafuji Sonkois the real MVP!!!

Dr. Ismaila Ceesay received the ‘Most Influential Young Person of The Year’ 2019 award, conferred by the renowned Confederation of West African Youths in Freetown, Sierra Leone on the 31st of March at a Golden Tulip Forum & Award ceremony.

Under the theme ‘New Leaders, New Africa: A Gathering for Africa’, Dr. Ismaila Ceesay delivered a speech highlighting education in Africa and the need to invest in our own people.

This conferment follows the August 2018 confederation publication of the 100 most influential young persons in West Africa in which Dr. Ismaila was listed amongst others. Giss Giss fellow talk show host- Mr. Momodou Sabally also received the ‘Influential Person of the year’ award. Dr. Ismaila Ceesay’s award is in recognition of his outstanding role in mentoring and inspiring young Africans, thereby shaping the future of Africa.

With a thunderous speech interrupted by persistent applause, former Presidential Affairs Minister, Momodou Sabally, has told a crop of young Leaders from across the African continent to take up the challenge of providing a fresh kind of transformational leadership for a better contingent.

Sabally was speaking at a forum and award ceremony convened by the Confederation of West African Youths at Golden Tulip Hotel in Freetown, Sierra Leone.

“What we need is a new crop of leaders that would help us walk on the waters of Information Communication Technology and break bread in the labs of new food technology. But such a new leadership must stop aping the methods of the West whole scale without scrutiny. Such a leadership must look back at our rich and dignified past and take from it what’s best and brightest and apply its lessons in inspiring dynamic ways. Such a leadership would learn and appropriate lessons from far and wide but it must never cut, copy and paste.” He asserted.

Citing the Sierra Leonean Government’s recent rejection of an offer of a modern airport by China, Sabally told the gathering of government officials and young leaders that the envisaged new transformational leadership he hopes for the African continent would be one with “UNWAVERING COURAGE. The courage to take tough decisions and to defy interests and tendencies that want to game our systems or bait us with alluring present gains at the cost of our entire future.“

In conclusion, he implored the youth leaders thus : “The new kind of leadership envisaged must be one to rise above our current challenges and dream beyond the tough cliffs and lift our imagination into the glorious valleys of future bliss. This is a kind of leadership that should thrive on inspired VISION.”

The youth confab, which was also the occasion for the award of honours for deserving recipients, saw he conferment of  Most Influential Person Awards to Sabally alongside UTG senior lecturer Dr. ismaila Ceesay.