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Is Mama Kandeh Genuine?

By Lamin Gano

 

When I first learnt that a new political party call the GDC has been registered in the Gambia, I was both curious about this party and surprised that throughout my 16 years of servanthood in the Second Republic, I had never met or heard of its leader, Mama Kandeh.

 

 

So as a blogger who is passionate about peace, security and conflict resolution and an advocate for democracy/elections, rule of law, limited presidential term limits and a peaceful political transition in The Gambia, I embarked on a fact finding mission about this party and its leader.

 

 

I began my research on a wrong footing by asking on Facebook: Who is Mama Kandeh? I received only sarcasms, insults, and unsubstantiated allegations against Kandeh from my Facebook friends. So next, I turned directly to people I know on the ground including some civil servants and former colleagues in the security sector. They were much more helpful and the information I gathered combined with my little experience while working in the system form the basis of this blog post.

 

 

The most common accusation against the GDC is that the party is created/funded by Jammeh and that Mama Kandeh is fake a politician who has come with the only intention of legitimizing Jammeh by causing more division and disunity among the opposition parties so as to prevent a coalition and thereby paving the way for Jammeh’s victory. A question worthy of asking is that why would Jammeh chose a little Fulani shepherd from Jimara to legitimize his 22 year regime?

 

 

Have we forgotten that Jammeh came to power illegitimately by overthrowing one of the best democracies and a champion of human rights in Africa? That he rules in illegitimacy by violating almost every sacrosanct provision of our laws and constitution? That he had the audacity to tell the United Nations and Amnesty International to go to hell when they challenged him for illegally violating the rights and abusing the freedoms of the members of the country’s biggest opposition party? And that he even had the guts to tell Gambians to go to hell with their votes because the jinns will come down and vote for him if we didn’t?

 

 

Why would such a person sponsor a political party when there are already seven parties in that small country of ours which are as divided as the United States Republicans? Jammeh would rather prefer the opposition to boycott the elections altogether thereby making him unopposed than to create/fund pseudo parties. He does not need any legitimacy from anyone or any party and not the least from Kandeh or the GDC.

 

 

Another allegation against Kandeh is that his previous association with the APRC as a Member of Parliament makes him complicit to the atrocities committed by Jammeh and therefore tarnishes his integrity and legitimacy to run for president. This accusation is not only unfair but it is totally malicious, shallow and devoid of substance. By now, almost everyone in the world knows that most of the Gambian officials who resign, are dismissed or are falsely prosecuted and detained are the ones who refuse to tow Jammeh’s line. I firmly stand by a previous claim that 99% of our security service personnel and civil servants are patriotic, God fearing and peace loving people who are working in the second republic out of love for country and devotion to family. It is only less than 1% who have gone out of the way to aid and abet Jammeh in his follies.

 

 

Based on my research findings, Mama Kandeh was expelled from the APRC because he was one of those noble public servants who stood for justice, truth and the interest of the people of the Gambia instead of showing blind loyalty to Jammeh. Therefore, he is as genuine and credible as Dr. Sedat Jobe, Fatoumata Tambajang and the thousands of former Gambia Government Officials who lost their jobs due to their integrity, devotion to Gambians and fear of God instead of fear of Jammeh.

 

 

In conclusion therefore, the GDC party is not only as credible and well-intentioned to remove Jammeh from power as all the other opposition parties, it poses an existential threat to the APRC Party. Long live the Republic of The Gambia, long live our peace, security and cordial co-existence.

Police instructed Magistrate to not grant bail to Cherno Marena and Co

Shortly after receiving directives from The Office to not grant bail to former Solicitor general, Cherno Marena and the rest of the board members of The Gambia National Petroleum Company, the police are reported to have held a meeting at The Police Headquarters in Banjul instructing the magistrate presiding over the case to not grant bail to the accused persons.

 

Sira Wally Ndow Njie, former Petroleum Minister, Cherno Marena, former Solicitor General, Momodou O.S Badgie, former GNPC managing director, Muntaga Momodou Sallah, former permanent secretary at the ministry of petroleum, Fafa Sanyang, former permanent secretary at the ministry of petroleum, Seedy Kanyi, a member of The GNPC board of directors, Nuha Touray, civil servant, Louie Moses, civil servant, Momodou Taal, board member and Edrissa Mass Jobe, board member are all facing economic crimes charges at The Banjul Magistrate Court.

 

Count 1Count 2Final count

 

Count 5

All ten were arrested and detained last month after The Office of The President announced that it has discovered one of the most serious economic crimes in government during the past 22 years of the second republic.

 

The accused persons who were all arraigned before the court today were represented by Ida Drammeh, I Richards, Loubna Farage, Hawa Sisay Sabally, Janet Sallah Njie, Badou Conteh, R.Y. Mendy, Lamin S Camara and Abdoulie Sissoho who applied bail on their behalf. According to sources, police objected to bail stating that the accused persons are flight risk and also if granted bail they will interfere with the witnesses. This objection by ASP Manga came after the magistrate presiding over the case, Omar Cham was invited to the police headquarters where he was instructed to not grant bail. Principal Magistrate Cham was at the briefing with Police Commissioner Touray and ASP Manga who both instructed him to not grant bail saying that dictator Jammeh has special interest in the case.

 

The case is now adjourned to Wednesday, July 13 for hearing where the Magistrate will make a decision whether to grant them bail or not. Sources say they are not likely to be granted bail because of the executive directive and also for the fact that the Magistrate has a preconceived mind that he has no jurisdiction to hear counts 4 and 5 of the charges which are all economic crimes.

 

Now that The State is exposed, it will be interesting to see what they will come up with in tomorrow’s bail hearing. We will keep you all posted.

 

 

Navy Officer Detained Incommunicado For Over 180 days

Yunusa Suso, head of The Gambia Navy’s discipline office and minor operations was arrested on April 3, by the Military Police and is held incommunicado with his whereabouts still unknown.

 

Yunusa 1

 

Yunusa, a second lieutenant in The Navy is a native of Brikama, West Coast Region. He is said to be a very honest officers who always stands for the truth. As breadwinner of his family, sources say Yunusa takes care of his aged mum and the rest of the family, he was recently in The United States where he took part in one of the military cooperation programs sponsored by The US Department of Defense through The Government of The Gambia.

 

yunusa 2

 

Meanwhile, The Fatu Network is working with sources on the whereabouts of a man who many believe his only crime is because he is a Mandinka. We will keep you all posted.

UN reiterates call on Gambia to conduct independent investigation into April 14 & 16 events

By Alhagie Jobe

 

The United Nations has once again reiterate its call on the Gambia government to conduct an independent investigation to shed light on the events of  April 14 and 16, including allegations of torture and deaths of detainees while in State custody.

 

The call was made on Tuesday before the UN Security Council by Muhamed Ibn Chambers, the UN Secretary General’s Special Representative for West Africa and the Sahel during the presentation of the Report of the Secretary-General on the activities of the United Nations Office for West Africa and the Sahel (UNOWAS). The report covers the period from 1 January to 30 June 2016 and provides an overview of developments and trends in The Gambia and other West African nations and the Sahel. It also outlines the activities of UNOWAS and the progress made in the implementation of the United Nations integrated strategy for the Sahel.

 

On April 14th, opposition members demanding electoral reforms were arrested and detained. One of them, Solo Sandeng was tortured to death which prompted the party leader and executive to get to the streets peacefully on April 16th, demanding Sandeng’s body be produced, dead or alive. They were also rounded up by police and currently detained at the state Central Prison of Mile II undergoing trial.

 

Ibn Chambers also urged the government of The Gambia to follow due process in the prosecution of those detained. “I encourage the Gambian authorities to allow their citizens to exercise their freedom of expression and peaceful assembly, as enshrined in the country’s Constitution” Chambers noted adding “I am encouraged by the resumption of political dialogue through the reactivated inter-party committee and urge the government to create a conducive environment that will allow for peaceful, credible and transparent elections in December.

 

He then reported that the Independent Electoral Commission has conducted a supplementary voter registration exercise from 14 January to 12 March followed by a protest on 14 and 16 April, by members of the opposition calling for electoral reforms and were violently suppressed by police and security forces.

 

“Several people, including the leader of the opposition United Democratic Party, Ousainou Darboe, were detained. There were subsequent reports that some detainees, who have not been seen since the time of their arrest are been killed in State custody. To address these developments and other contentious issues relating to the elections, an inter-party committee held its first meeting on 20 April, after having been dormant for 10 years. Representatives of the United Nations, the European Union and the United States of America were present as observers. At the meeting, the ruling and opposition parties agreed to establish an ad hoc committee for dialogue, with the participation of civil society and security authorities, to address political tensions” he reported to the 7735th meeting of the UN Security Council.

 

UNOWAS

The United Nations Office for West Africa and the Sahel (UNOWA) is headed by Muhamed Ibn Chambers. The UN Security Council on 23rd December 2013, extended the mandate of the United Nations Office for West Africa (UNOWA) to until 31 December 2016 and requested the UN Secretary General to submit a report every six months on the implementation of its mandate. Following the UN Chief’s letter to the Council dated 14 January 2016 on the strategic review of the Office of his Special Envoy for the Sahel, the Council requested him, on 28 January 2016, to proceed with the merger of the two offices into the United Nations Office for West Africa and the Sahel (UNOWAS) and asked him to be providing updates on the implementation of the mandate of UNOWAS.

 

IS THE APRC PARTY COLLAPSING?

 

In a recent interview, Honourable Mama Kandeh made the comments that the APRC party is collapsing and one of his executive members took this assertion even further by claiming that the APRC Party is in fact already broken/shattered. As a bona-fide servant of the Second Republic and a close associate of the APRC party for 16 years until 2013, I totally agree with Kandeh’s assertion that the APRC Party is indeed collapsing (although it has not yet shattered). And to buttress this point, I hereby predict that out of the 72% who voted for Jammeh in 2011, not more than 30% will vote for him in Dec!!!

 

 

Those who are skeptical of elections and advocating for boycott will ask: What has changed between 2011 and 2016 or how will the 2016 presidential elections be different from those of 2011? The answer is dozens of things have changed or gotten worse since 2011 including the following just to mention a few:

 

 

Jammeh has threatened to wipe out more than 30% of the population (Mandinkas) if re-elected into office.
Jammeh has promised to make living a hell for more than 20% of the population (Fulas).
Jammeh has discriminated, marginalized and alienated about 10% of our citizens (Christians).
Jammeh has unilaterally cut-off the entire country from the Common-Wealth.
Jammeh has blatantly violated the rights and freedoms of our biggest opposition party.
Jammeh unilaterally executed nine prisoners without following the due process of law.
Jammeh has completely personalized the State and claimed ownership of each and every sector of the country.
Jammeh is the judge, jury and executioner in all judicial matters of the country.
Jammeh has totally suppressed the freedom of the press.
Jammeh interferes in all the fundamental rights and freedoms of the citizenry.
Jammeh has disrespected, embarrassed and insulted all our venerable religious leaders while imprisoning others.
Jammeh has disrespected, embarrassed and insulted our womenfolk while imprisoning some and subjecting them to inhumane and degrading treatment. Not even babies are spared as they accompany their mothers into prison in order to suckle.
Based on these and many other self-destroying actions and statements by Jammeh over the years, I am highly convinced that more than 40% of the former loyalist and voters of the APRC are completely disillusioned and fed up with Jammeh and will not vote for him come December.

 

 

While some Gambians are debating whether or not to boycott the elections, the disillusioned 40 per-centers of the APRC Camp (including my humble self) have absolutely no doubt that there would be elections in Dec and therefore, the question we are asking ourselves is: Which one of the opposition parties or candidates would we vote for since our APRC Party is clearly collapsing?

 

 

In a previous article, I said that the majority of Gambians who are illiterate, politically uninformed and financially un-independent vote on reasons other than the quality of party leaders or their manifestos. However, most of the people in this group of disillusioned APRC supporters are educated, politically informed and holding jobs either as civil servants or security personnel. Therefore, a question that is worthy of asking is that what is the factor/factors that would determine the voting pattern of this important group of cross-carpeting APRC 40 per-centers?

 

 

In my opinion, there is one and only one factor that would determine the voting pattern of this group. With families to feed, school fees to pay, medical and other bills to worry about, I believe that the most important thing for this group is the security and continuity of their jobs. It is this concern for the well-beings of their families and fear of losing their jobs that is why civil servants/security personnel come out in their numbers to attend Jammeh’s rallies/events but keep away from the activities of the opposition parties.

 

 

Furthermore, we all know that political change in African countries usually comes with drastic changes, uncertainties and disruptions that affects the safety, security and well-being of people (especially those associated with the former regime). It is because of this fear of change, disruption and uncertainty that is why civil servants/security personnel usually stick to the devil they know than the angel they don’t. In this regard, I believe with total certainty that this group of fed up/frustrated APRC 40 per-centers would not hesitate to give their votes to whichever of the opposition candidate who can guarantee the security and continuity of their jobs.

 

 

The Gambia needs a new president like Paul Kagame who will come to build but not to dismantle; like Nelson Mandela to reconcile but not to punish; like Ghandhi to show mercy and not revenge. Someone who would set up Commissions of Reform instead of Commissions of Inquiry; someone who would strengthen our peace/security and not to aggravate the fear and oppression that Gambians have been subjected to for two decades by Jammeh.

 

 

If any of our opposition leaders can convince and win the hearts, minds and trust of this group of 40% APRC run-aways, then Yahya Jammeh’s has shot himself on the foot with his simple majority electoral law because this candidate will easily grab the 42% of the APRC votes leaving Jammeh with only 30%!!! Just imagine what the results would be if this candidate is identified and all the opposition parties rally behind him/her? That means 70% for the opposition and 30% for Jammeh!!!

 

 

In conclusion, I do hope and pray that the illegal and politically motivated trial and detention of the UDP leadership would immediately come to an end and that our all our opposition leaders would come together and agree on a single candidate to take on Jammeh in Dec.

 

 

A question that I would like to ask my readers is that if you were a civil servant or a security personnel, which one of the opposition candidates would you vote for based on the trust that your life, job and family will not be disrupted?
Author Gano
Posted on July 11, 2016

GYU Bids Omar Bah Farewell

The Gambia Youth for Unity (GYU) wishes to inform the general public that Chairperson, Mr Omar Bah, has resigned from his position as Chairman and member of GYU effective July 8th, 2016. In his resignation letter, Mr Bah cited “academic, professional, and family schedule” as his reasons for stepping down.

 

 

The GYU executive and general membership wishes to take this opportunity to wholeheartedly extend our gratitude and appreciation to Mr Bah for his service and dedication to GYU and to the Gambia at large during his tenure.

 

 

Mr Omar Bah led the GYU team from its inception in March 2015 through his resignation on the 8th day of July in 2016. Under Mr Bah’s leadership, GYU established a firm and grounded foundation. His lasting legacy will be his unwavering diligence and determination in working towards fostering unity among Gambian diaspora organizations in order to effectively fight the dictatorship and restore democracy and rule of law in The Gambia.

 

 

We are honored to have been on this journey with Mr Bah and we wish him much success in all his future endeavors.

 

 

Please be advised that GYU’s Vice Chairperson, Mr Fabakary B. Ceesay and Gender Director, Dr Jaye Krubally will now serve as interim Chairperson and Vice Chairperson respectively, assuming all roles and responsibilities hereafter until GYU elects its new executive in the upcoming GYU elections.

 

 

For further updates, please check our Facebook page, Gambia Youth for Unity and/or visit us at www.gambiayouthforunity.org

 

 

Sincerely,
Modou Nyang
Spokesperson- GYU
For GYU Executive Team

Inside Dictator Yahya Jammeh’s Aircrafts

According to credible reports, dictator Yahya Jammeh’s aircrafts have recently been having endless  electrical problems, one of them was flown back to Banjul on June 24, after it went through major maintenance in France. The old Boeing 727, 100 was prepared to transport The First Lady, Zineb Yahya Jammeh and her entourage to Saudi Arabia for ‘Umrah’. Due to technical problems, the flight could not take off the ground which prompted the dictator to dismiss and detained five senior officials from both The Civil Aviation Authority and The Gambia International Airlines blaming them for not properly maintaing his aircrafts. The First Lady later chartered a flight from The United Arab Emirates at the tune of $300, 000 to travel to Saudi.

 

Below is what is inside Jammeh’s aircrafts.

 

Jammeh Plane 2

This Boeing 767 100 has 23 seats and accommodates four cabin crew members. It has a bedroom with a queen size bed and a restroom. It also has a wardrobe where the dictator’s bedsheets are kept. There is a VIP area in there too with very expensive grey furniture for The First Family. The VIP area has five seats reserved  for his security detail and his doctor, there you also have his entrance, and the cockpit accommodates the captain, first officer and two engineers ( Flight engineer and ground engineer). There seats at the back of the aircraft too, eight of which are reserved for junior members of his security detail, there are two extra restrooms too, the one situated up in the front near the cockpit is for VIP and the one at the back is for his security detail.

 

Jammeh Green Plane

Above is Jammeh’s Ilyushin 62. According to google search, Ilyushin 62 is a soviet long-range narrow body jet airliner conceived in 1960 by Ilyushin. Dictator Jammeh’s Ilyushin can accommodate up to 56 passengers, like the Boeing 767 100, the Ilyushin also has a bedroom with two separate beds and a rest room. The flight has five cabin crews members, four Gambians and a Russian lady who is said to be the wife of the captain. The cockpit has six people, four Russians and two from Uzbekistan. The flight also has a kitchen and two extra toilets.

 

More information will follow about dictator Jammeh’s old aircrafts.

 

 

 

 

 

 

US Ambassador to UN Samantha Power calls for the release of Fanta Jawara

By Alhagie Jobe

Samantha Power, the United States Ambassador to the United Nations has called on The Gambia government to release Fanta Darboe Jawara, a US citizen languishing in Gambia’s notorious jailed for nearly 3 months.

 

Power, a mother and human rights defender made the call through a tweet sent on Friday. She tweeted: ‘#Gambia shld release Fanta Jawara, American jailed for nearly 3 mo in severe crcdown on peaceful protesters #FreeFanta’.

 

Tweets

 

A US citizen of Gambian native, Fanta Darboe Jawara of Frederick, Maryland, a wife and mother of two daughters ages 12 and 17, arrived in The Gambia to visit her family but was arrested for being in the right place, the city market, at the wrong time. She was arrested on Saturday, April 16 and imprisoned at the Mile II Central Prison in The Gambia as an onlooker during a protest for the release of Gambian political activist and opposition member Solo Sandeng.

 

Solo Sandeng was arrested on April 14th for leading a peaceful protest at Westfield calling for electoral reforms ahead of the December polls.He was arrested along with a dozen opposition members and was later pronounced dead after being tortured by state agents. The others sustained severe injuries and are now facing trial. Fanta Darboe Jawara, along with other bystanders were arrested as a result.

 

Rights Groups and the International community have since denounced the arrest of Fanta Jawara and all other political detainees saying protesting is completely legal in the Gambia according to the law, meaning they committed no crime and were arrested and detained for an unjust cause.

 

 

 

 

 

United Democratic Party Leader Lawyer Ousainou Darboe’s EID Message

Fellow citizens and friends of The Gambia, as Muslims in the country and those around the world celebrate Eidul Fitr today, I send you sincere greetings and profound appreciation on my humble behalf and that of my compatriots languishing in illegal detention as hostages of an unjust and cruel regime.

 
As a routine tradition being the leader of the United Democratic Party (UDP), I have over the years been dedicatedly sending out EID messages to you my fellow citizens in the comfort of my family, friends and loved ones. This year however, for circumstances beyond me but for which I have no regrets over, I am conditioned to send you EID greetings from the dungeons of my prison cell.

 

 

The past 30 days of the Holy month of Ramadan has been an immense source of divine fulfillment both for me and the rest of my compatriots who endured tests and challenges as we went through an important commandment of the Muslim faith. First we were denied access to the Holy Quran, the reading of which in the just concluded Holy month bestows great reward. Then our captors up-scaled the toughen prison regime by denying us access to the mosque making it impossible to take part in congressional prayers.

 
In the later part of Ramadan, we were also denied homemade food contrary to prison rules and regulations.

 
However, notwithstanding all these injustices my compatriots and I have endured as well as the rest of our youth supporters who are being incarcerated for gracing our court cases, we still remain resolute and committed in our firm resolve that The Gambia as a country deserves better.

 
The past three months have offered me in particular, a profound opportunity to live and come to terms with the tragedy of state sanctioned lawlessness where many young people are still languishing in jail. Some have spent years in remand on trumped-up charges. Others continue to spend more than necessary, their precocious youthful years under an offensive, exploitative prison system not knowing when their cases will be heard.

 
These are what I called the forgotten youthful resources of our country. I urge that while you go about celebrating this important day to also remember that a section of our society….your brothers and your sisters are wasting in Mile II Prisons. The alleged crime for most of them, is at worst, a misdemeanor.
Indeed we have fulfilled an important part of our pledge to Allah, our Creator to keep fast. Despite our challenging condition, we have prayed for the progress and prosperity of The Gambia. We prayed for our hero, Ebrima Solo Sanding for a peaceful, eternal rest and for Allah to reward him the highest Janna. I urge you also to continue to pray for him and the rest of our departed souls.

 
I would like to take this opportunity to thank my two lovely wives for amassing unshakable faith in this trying time. You continue to be a great source of inspiration to the rest of the family. You have proven to be worthy role models standing firm and tall in the face of unbridle tyranny and harassment. I am happy and grateful to have you in my life.

 
For my compatriots enduring prison life with me, I want to assure you of my continued comradery until we finally defeat this brutal dictatorship that has become a bane on the conscience of good Gambians. I am particularly grateful to Mr Femi Peters for his commitment to “project Gambia.” Being Christian, Uncle Femi as we fondly called him, has been showing compassion towards his Muslim compatriots in prison during the entire Holy month of Ramadan. He is a true embodiment of what Gambians are known for…..a people of love and care that transcend religious and tribal affiliations.
I would like to thank the executive of the UDP under the leadership of Aja Yam Secka, the deputy party leader and Hon Dembo Bojang, the National President of the Party. Together with the rest of the executive and party supporters, you have steered the affair of the UDP party in a manner that only deserves praise and commendation. You have proved that the UDP can weather any condition even in the absence of key party leaders.

 
For the diaspora both supporters and non-supporters of the UDP, be rest assured of my profound gratitude to you for all your support in raising the profile of our unjust incarceration and persecution. We are aware of your every efforts including briefing sessions with the international community, your congressmen and women, your members of parliament and your petitions as well as your advocacies on the online radios and other important platforms. On behalf of my compatriots, I want to deeply thank you for your support. You have risen in solidarity to vindicate the basic principle that we the Gambian people categorically reject dictatorship and tyranny and will insist on getting the freedom and democracy worthy of our people.

 
I also thank the international community for standing shoulder to shoulder with the oppressed people of The Gambia. We acknowledge with great sense of humility your numerous protest diplomatic notes to The Gambia government and your total rejection of the coercive and cosmetic democratic system in the Gambia.

 
We thank all of you for standing up and do your part to help this critical battle for the very soul and direction of our country. Together we stand as a diverse but indivisible people where our patience, endurance and faith continue to be tested by the machinations and barbarism of a regime shamelessly determined to abuse our collective rights.

 
With your continuous help fellow Gambians and friends of The Gambia, I can assure you that the moral rectitude of our cause will by the grace of God help us reclaim our country and with it our dignity which the dictator has trampled on for too long. I urge all citizens to be steadfast, law abiding and fully engaged in this journey to make our Gambia free, democratic and safe for all its citizens.

 
EID Mubarak to you all.
Lawyer Darboe
Party Leader and Secretary General
United Democratic Party – The Gambia

Gambia Government Must Respect the Rights and Dignity of Citizens

By Madi Jobarteh

 

The announcement on July 5, the eve of Koriteh (Eid-il-Fitr) by the Office of the President that 27 senior, middle and junior level government officials have been arrested, detained and dismissed from their jobs “accused of fraudulently auctioning Gambia Government vehicles and other unspecified items” is utterly untenable. The office of the President must realise that it must respect the due process according to the rule of law in matters of state and society. It is not the role of the Office of the President to investigate theft and misconduct in the public service. There are competent authorities whose task is to do that. Secondly there is no legal basis to dismiss a person from his or her job just on the basis of an allegation. The constitution provides for fair trial and presumption of innocence until proven guilty. Thirdly one cannot arrest and send an individual to jail only on the basis of an accusation. It is only the court of law through a transparent process that can determine that.

 
Therefore, it is dastardly repugnant that the Government has failed to recognise that it is not compassion to remove fathers and mothers and individuals from their families on the eve of Koriteh to send them to jail. What trauma would this have on the victims and their families during one of the most holiest feasts of the Muslim community. The Office of the President should be seen to respect the culture and religion of the society by showing that compassion and due regard. What is urgent in this matter that should warrant such a hurried action like this in total contravention of the constitution and the fundamental rights of the victims?

 
I demand that the Office of the President release these individuals with an apology and restore them to their positions. The investigations must be undertaken by the relevant authorities leading to prosecution in a fair trial to ensure that justice is done and seen to be done. The press release of the Office of the President is rather unprofessional, illegal and suspect because it has failed to indicate how many vehicles were auctioned? Where and when those vehicles were auctioned? What other items are being referred to? Who auctioned which vehicle and how and where was it done? When did the Office of the President itself conduct this investigation? Have these victims ever been notified of their alleged misconduct or told that they were being investigated? These are the fundamentals expected from such an investigation that the press release must provide. But it is clear that the Office of the President has not conducted any investigation that is worthy of the name yet went ahead to dismiss individuals who have been serving the Gambia for decades?

 
We have seen in the US how a one and half investigation of Hilary Clinton was conducted purely in line with the due process. The lady was never arrested and harassed by her government even when the issue deals with what is considered a national security matter. But all throughout the investigation it was a relevant government agency that dealt with the matter but not the White House. This is what is called democracy and adherence to the rule of law and respecting human rights.

 
We expect the Gambia Government to exercise similar civility and respect for the rule of law and human rights. Already scores of Gambians are under detention for more than two months without fair trial and bail for merely protesting illegal laws, arbitrary arrest and death in custody of Solo Sandeng. These are not hardened criminals or armed rebels and have not vandalised any public property or caused any public disorder. Yet their fundamental rights are blatantly abused with impunity and forced to spend the entire Ramadan in prison away from their families. Even when individuals commit the most heinous crimes they still have their fundamental rights and dignity intact that must be always respected and protected. May we ask therefore what values and standards does the Office of the President uphold? As Gambians, who believe in Islam and Christianity and respect human rights, should we condone these despicable disregard of the rights and dignity of our citizens by a State that has legal and political obligations to respect and protect the rights and freedoms of citizens including the culture and religions of the people?

Election or No Election. That is the Question

By Manifesto of the People

 

Introduction

Having gained independence for as many decades, the Year 2016 has found the Gambia at a critical juncture, socially, economically and politically. When the people went into a referendum for the first time on 10th November 1965 the question was whether the country should shed off the yoke of the British Empire on our heads so that we become sovereign people. Until then sovereignty of the Gambia did not lie in the people of the Gambia, but in a distant monarch in England. For lack of civic awareness of the masses coupled with political bickering between the PPP and the opposition, that vote failed to usher the country into a new era. Five years later, on 22nd April 1970 the same question was put before Gambians in a second referendum and the people voted yes. On 24th April 1970 the country gained independence as a sovereign republic in which the sovereignty of the country is resided in the people and from whom the state derives its legitimacy.

 

 

The question that each and every Gambia must ask is why did we seek to be independent in the first place? Why didn’t Gambians allow the British to continue to colonize the country? Why didn’t the people allow the country to be a dominion under British Empire until today, but chose to sever that relationship in 1970? The simple answer to these questions is that Gambians wanted to be a sovereign people. Period. We wanted to rule ourselves based on our own ideas, laws and institutions.

 

 

But what are sovereignty and a sovereign citizen? Sovereignty literally means supreme power or authority. In the context of nations and governance, supreme power could be represented by an individual or a group of individuals as in a monarch or royal family. But sovereignty could also be represented in the people of the nation, individually and collectively. Thus in whomever sovereignty lies, it simply means the will of the custodian of sovereignty prevails in that society. In monarchies, it is the will of the king. In republics like the Gambia, sovereignty lies in the citizens of the country. This is why Section 2 of the Gambia constitution states that the sovereignty of the Gambia resides in the people and all organs of the state derive their legitimacy from the people. This effectively means it is the people’s will that rules supreme in the affairs of the nation, hence a republic.

 

 

But to break this further down, we must be able to tangibly point to the elements of sovereignty in a society. Up until 1970, Gambians pay tax. Yet Gambians do not elect a parliament or a president to decide how the tax money was to be utilized. The country only had a city council in Banjul in which only few Banjulians qualify to be elected by Banjulians. Secondly there were several laws in place such as sedition laws that restrict the rights of the people to free speech, movement, association and assembly. There were effectively no means in which Gambians could determine how their country was run. Gambians lacked the ability to hold the colonial government to account and ensure transparency. This was because there were no institutions and processes open to the people to engage with the state to demand the protection of their rights or demand the provision of basic social services. There were no opportunities to enable Gambians acquire the knowledge, skills and tools necessary to uplift themselves professionally and productively in all aspects of human endeavor. It could be recalled that in 1920, the Father of Gambian Independence, Edward Francis Small rallied the masses around the battle cry of ‘No taxation without representation’. He led that struggle precisely to gain sovereignty for the people to determine the manner in which tax money was to be spent. Thus what colonial domination showed was that Gambians were not sovereign because the will of the people was not supreme in determining the way the country was managed. Gambians were therefore mere subjects. In light of the foregoing, it could therefore be concluded that the purpose of independence was merely to restore and protect the sovereignty of Gambians. Independence in essence means each and every Gambian is an individual sovereign person, and their collective sovereignty determines the independence and sovereignty of the country.

 

 

The indicators of our sovereignty are therefore that we have a constitution that has been created by the will of the people to govern the way and manner public resources and affairs are to be managed. The constitution sets out the rights and responsibilities and the benefits citizens have to enjoy. The constitution identified a state and sets out its obligation to respect and protect those rights and fulfill our needs and benefits as citizens. This means citizens have the right and the power to elect their own representatives from among themselves to implement that constitution through a set of other laws, institutions and processes which collectively constitute what is called the rule of law. The state is managed by fellow Gambians who have the competence to do so and appointed through a process that is based on merit through a transparent and competitive process. Among the key responsibilities of citizens is to abide by the law and pay tax to the State so that the state can deliver the public goods and services that citizens need to enjoy. The State also has obligation to create the enabling environment to enable all citizens to access opportunities and exercise their abilities to create wealth and earn a decent living in the country.

 

 

Elections vs. Sovereignty

Thus forty six years down the line, it should be obvious to any sovereign Gambian that indeed the country did not fight to end colonialism and become a sovereign independent nation only to have one of its citizens sit on the heads of the rest of us as a Super Gambian. Otherwise the citizens could as well just allow the British to continue to colonize the Gambia forever. The question now is how have Gambians managed their sovereignty over this period until today? Have the representatives that the people continuously elect since independence served to protect and expand the sovereignty of the people or used the national instrument, i.e. the state to shrink and subvert citizenship sovereignty? This is the fundamental question that must be addressed in order to determine whether at this crucial juncture Gambians should consider going to elections first on December 1 or should find other means to restore their sovereignty first. The evidence on the ground so far points to the fact that the sovereignty of the citizens of the country has been facing massive erosion since independence. That erosion of sovereignty requires urgent salvation if the country is to avoid plunging into a fratricidal conflict as has been witnessed in many similar scenarios around Africa and other places.

 

 

First Republic and Sovereignty

Since the introduction of presidential elections in the Gambia in 1982, former Pres. Jawara had won each and every election. In 1982, he won by 72%. In 1987 he won by 61.74% and in 1992 Jawara won by 58.5%. The reasons for the continuous landside victory of Jawara were evidently not because he had protected and expanded the sovereignty of Gambians. Rather Pres. Jawara’s government had failed to ever empower Gambians to become sovereign citizens with knowledge of their rights and responsibilities as set out by the law. During the first republic, there were no attempts to politically educate Gambians to understand their worth as citizens. Rather Jawara merely allowed misconceived socio-cultural and religious ideas to hold sway over a largely laid-back populace. The necessary legal and institutional changes necessary to transform independence from merely a state sovereignty into national sovereignty were not conceived much less conducted. There was never an attempt to embark on a cultural revolution to weed out oppressive, exploitative and backward cultural beliefs and practices that held the people back, especially in ensuring an active and informed popular participation by the masses. Jawara essentially allowed the status quo to continue as he basked in the conservative culture of his people.

 

 

The failure of the regime to produce an enlightened populace and a transparent and accountable governance environment therefore resulted to the unending election victory of Jawara. But at the same time, this quagmire was also eating into the fabric of the state and society such that public institutions were getting weaker while the incidence of corruption and oppressive tendencies were building up as the years go by. Thus by the end of the first decade of independence, it was obvious that the Gambian nation-state was no more well positioned to adequately address the needs and aspirations of the people. The first indication of this was to come at the end of the first decade of independence when in 1981 a band of armed criminals led the late Kukoi Samba Sanyang invaded the country in an insurrection that claimed hundreds of lives. The economic malaise that ensued led to the government seeking bailouts in the form of the Economic Recovery Program (ERP) from 1980-85 to be followed by the Program for Sustainable Development (PSD: 1985-90). These interventions meant that the government had to hand itself over to the Breton Woods institutions for salvation, clearly indicating that indeed Pres. Jawara lacked the capacity to manage the economy of the country, hence his regime’s failure to protect the sovereignty of citizens. These structural adjustment programs did not do anything other than impose dire economic conditions on the people through retrenchment of workers, introduction of user fees for public services, cutting down of public spending, privatization of national assets, and accepting capital flight within the wider framework of a grossly irresponsible economic liberalization program. These measures generated more poverty, inequality and corruption in which cost of living became more acute while social services remain expensive and unavailable for most citizens as hopelessness continued to grip the society. In the circumstances, it is not strange therefore that the country had to experience a military coup in 1994.

 

 

Second Republic and Sovereignty

The 1994 coup was received with optimism, even though many people were cautious and apprehensive while a significant few responded to it with outright rejection. These responses could all be well appreciated for a number of reasons. First, it was clear that it will take a long time, if ever that elections will remove PPP and Jawara from the presidency. Even the new kids on the block, PDOIS that emerged in 1986 with a lot of promise of a new brand of enlightened politics was struggling to acquire a single seat back then. In the 1987 parliamentary elections PDOIS gained only 0.98% with no seat, and in the 1992 presidential election Sidia Jatta obtained only 5.24% while the party pulled just 2.30% in the parliamentary election with no seat.

 

 

The statements issued by the new rulers, i.e. the military junta greatly inspired many in the country especially when the leader of the group described themselves as soldiers with a difference. Jammeh went further to declare that they would effect necessary legal and institutional changes through a program of rectification, which will ensure that no Gambian ever rules the country for more than 10 years. Jawara was severely lambasted for presiding over a corrupt and inefficient regime in which poverty and inequality became the lot of the people. Jammeh therefore promised a new era of transparency, accountability and probity. For the first time, one could therefore conclude that there was that unique opportunity to indeed restore the sovereignty of the citizens and position the country on a path of good governance and sustainable development in one generation. The hopes of a better Gambia were further cemented by the fact that the young rulers were young Gambians from very poor backgrounds like the majority of the citizens and therefore people expected their unbending loyalty and commitment to the deepest aspirations of the masses. The fact that the junta leader himself was closely associated with the ruling elite as a security officer at State House lend credence to other analysis that he directly witnessed and experienced enough that indeed he would make true his words for a better democratic Gambia.

 

 

State of National Sovereignty

What has been proven so far unfortunately is that the sovereignty of the Gambian since independence until 2016 remains trampled upon. National sovereignty has been hijacked and subverted by the state in both the first and second republics to the point that elections have become a convenient method to continue to legitimize the seizure of sovereignty. Where the state and its officers were required by law and the country’s political dispensation to serve the masses of the people, Gambians rather continue to witness the overbearing and predatory nature of the state to the detriment of the rights of citizens. The continuous high taxes, and poor delivery of social services and coupled with the inability of the state to subject itself to public scrutiny and lack of fulfillment of the needs of the people, all point to the dwindling nature of national sovereignty. The incidence of arbitrary arrests, torture and killings perpetuated by the state have become all too common that a culture of fear and impunity prevails over the heads of the people. The derogatory remarks by Pres. Jammeh against the various ethnic groups of the Gambia has reached alarming proportions that it is clear that the country faces a looming genocide sooner than later. Yet in the Gambian constitution, and entire chapter on fundamental rights and freedoms have been entrenched as the foundation of the sovereignty of citizens.

 

 

In simple democratic and republican principle, the state is a tool of the people. The very concept of the state in the context of a democratic republic means the institutions and officials of the state are nothing other than the servants of the people in which by law and practice the state cannot be seen to injure the people in any way. The role of the state is merely to implement the wishes of the people. This is why in the constitution and all other laws, there are unambiguous provisions that clearly create checks and balances to ensure that state institutions and officers are seen to abide by the rule of law that ensures transparency, accountability, and responsiveness. In this way, not only is the state tamed, but also made more efficient and effective, while ensuring that there is the necessary open space for an empowered citizenry to continue to actively participate in the management of the affairs of the nation.

 

 

From the foregoing, it is now evident that since independence the Gambia has failed to produce a sovereign citizen that has the capacity to create a restrained state that submits to the will of the people. In the circumstances, going to elections in December will not only fail to restore that sovereignty of the people, rather it will only serve to further entrench a state that will continue to bastardize national sovereignty with impunity. The task therefore is how Gambians need to mobilize to end the current regime with a view to ushering in a new dispensation in which the sovereignty of citizens is supreme.

 

 

Elections will further injure National Sovereignty

Gambian people must be aware that there is no possibility for the victory of the opposition in any elections so long as the current political climate prevails. The evidence is all too clear for all to see. Since the advent of the second republic, President Jammeh has won all the presidential elections in smart fashion: 1996: 55.77%. 2001: 52.84%. 2006: 67.33%. 2011: 71.54%. The unfavorable conditions that compelled the opposition to boycott the 2012 parliamentary elections have become more acute today than ever before. Not only has the regime drastically changed the laws to make the playing field more unfavorable, but the consistent incidence of arbitrary arrest, detention, imprisonment, torture and killing of opposition elements have become more prevalent in the run-up to the elections more than ever before. Since the 2011 presidential elections, there is no opposition party that did not have its members subjected to all forms of harassment and intimidation. The space to freely exercise political activities has become more risky and restricted for the opposition. These actions and the laws in place have therefore not only weakened the opposition individually and collectively, but also are the factors responsible for the growing disunity and mistrust among the opposition.

 

 

Coalition is no Option

In light of the foregoing, the idea of a coalition therefore is not only farfetched but also a farce. This is because the idea of primaries is a luxury given our circumstances and a complex exercise that the country cannot afford at the moment. Meanwhile the idea of a UDP-led coalition is totally unpalatable to the rest of the parties. None of the parties are ready for a simple and direct form of coalition. Thus in the circumstances, coalition is no option. But where the opposition did in fact succeed to coalesce, it is evident that the incumbent will not watch over a smooth victory for the opposition without seeking to heavily manipulate the election including annulling the results even before they are announced. But where this is even not possible and the opposition did actually win the election, no Gambian must be in illusion to imagine that Yaya Jammeh will concede defeat and hand over power to his opponent. It is clear that he will have to be pushed over for the people to take over power. Given the above, there is need to therefore critically review the situation as to whether election is what is the best option now, or a regrouping of the opposition to lead the masses to demand the resignation of this regime for a new Gambia to be established.

 

 

Not Just To Boycott, But…

In my assessment, the opposition must abandon their parochial and unhelpful attitudes and begin to realize the bigger picture of a united Gambia against tyranny. The opposition must demonstrate resolve and unity to call on Pres. Jammeh to resign now for the creation of a third republic. The issue is not just to boycott, but what is to follow the boycott so as to ensure a clear regime change. The circumstances in the country right now make an election boycott a powerful tool that must be taken advantage of. Thus what should the opposition do in the context of a boycott?

 

 

First and foremost, all opposition elements must be united in their resolve and demand that pres. Jammeh steps down now. Secondly, the opposition must garner the cooperation and support of the international community for this objective, while at the same time leading Gambians in a series of peaceful non-cooperative measures against the regime. This includes abandoning all interests and activities for elections. The opposition must engage ECOWAS, AU, UN, US, EU and individual African, European and other governments to assist in their demand that the Gambia government led by Yaya Jammeh resign. This includes direct and vigorous engagement to ask him to step down and seek refuge in a third country. But also, foreign governments must be encouraged to impose drastic sanctions on key regime figures such as travel bans, assets freeze, name and shame as well as isolating the regime. Inside the country, opposition leaders must hold joint public rallies and communicate to citizens by all means to highlight the reasons for the boycott of the elections and an isolation of the regime. Citizens must be reminded that the Gambia, according to the constitution is supposed to be a democracy but Yaya Jammeh has transformed the country into a police state by his continuous flouting and violations of laws, institutions and rights with impunity. All efforts must be made to communicate to citizens to understand that the boycott is the only available avenue to prevent conflict and ensure a peaceful and democratic change of regime. Citizens must be made to understand that a boycott saves the country while elections potentially lead to violent conflict both in pre-and-post election periods. These are the measures that will prevent a civil war in the Gambia and bring about peaceful change that will restore the sovereignty of the Gambian citizen.

 

 

The effect of these actions is that the regime cannot continue to contend with the internal and external isolation for long. Such action will seek to undermine the very foundation of the regime in the country as it pricks the conscience of fellow Gambians, who are in support of this regime, especially those in strategic positions. Sooner or later, Gambians will notice these officers and supporters of the regime gradually abandon and distance themselves from the government and Pres. Jammeh. Coupled with international pressure, Jammeh will be forced to come to his sense that indeed a way out, albeit negotiated, is the best option for him.

 

 

Failure to address this matter in anyway other than boycotting the elections and shunning the regime in all ways would not only further the destruction of the sovereignty of Gambians, but in actual fact the opposition will only be endangering their own lives and the lives of each and every Gambian. This regime has lost all credibility. Pres. Jammeh lacks the competence and integrity to manage the state. Pres. Jammeh and his regime have committed uncountable atrocities that he is beyond repair. To engage him as a legitimate head of state is a travesty of justice and truth, and a disregard of the lives and rights of Gambians. Pres. Jammeh has lost the legal and political legitimacy to govern. Any Gambian who holds a contrary view is either ignorant or dishonest or both. The time to act is now.

27 Senior Gambia Gov’t Officials Dismissed, And Are Currently Under Investigation

A total of 27 senior officials of the Gambia government have been dismissed by Dictator Jammeh with immediate effect, and currently under detention and investigations at the notorious National Intelligent Agency in Banjul. The officials’ majority of whom are Permanent Secretaries includes deputy permanent secretaries, senior assistant secretaries, protocol officers and Principal Assistant Secretary amongst others.

 

 

They are been accused of fraudulently auctioning Gambia government vehicles and other unspecific items.

 

 

The Office of the President in a press release issued on Tuesday, informs the general public that these people have been dismissed from their positions and are currently under investigation for fraudulently auctioning Gambia government vehicles and other unspecific items.

 

They are as follows:-

  1. Yira Jammeh, Senior Assistant Secretary , Ministry of Petroleum
  2. Momodou Saidy Leigh, (SFO), Ministry of Fisheries
  3. SannaGassama Chief Driver – Ministry of Justice
  4. Fatoumatta Bah, (PO) Ministry of Fisheries
  5. Roheyatou Kah, Deputy Permanent Secretary – Ministry of Petroleum
  6. Dr. Cherno Barry Permanent Secretary –Ministry of Higher Education
  7. Fafa Sanyang Permanent Secretary – Ministry of Petroleum
  8. Cherno Njie (TC) Ministry of Agriculture
  9. Momodou Lamin Jammeh, (SEO) Ministry of Lands
  10. Bernard Mendy, Director of Protocol – Ministry of Foreign Affairs
  11. Malang Jammeh, Chief Driver – Ministry of Trade
  12. Abdoulie Jallow, Protocol – Ministry of Foreign Affairs
  13. Aja Fatou Gaye (SDC) – Dept of Physical Planning
  14. Abdoulie Jallow, Principal Assistant Secretary-Ministry of Lands and Regional Government
  15. Abdoulie Jallow, Permanent Secretary – Ministry of Finance
  16. Famara Darboe, former Ag. Director – Ministry of Fisheries
  17. Naffie Barry, Permanent Secretary – Ministry of Trade
  18. Lamin Ceesay, Chief Driver-Ministry of Foreign Affairs
  19. Kaideng Sambou, (PO) Ministry of Finance
  20. Jerreh Sanyang, Deputy Permanent Secretary –Ministry of Higher Education
  21. Habib Jarra, Permanent Secretary Ministry of Foreign Affairs
  22. Tijan Jeng (PO) – Ministry of Information Communication Infrastructure
  23. Lamin Sanneh, Permanent Secretary (2) Ministry of Lands
  24. Lamin Camara, Permanent Secretary Ministry of Information Communication & Infrastructure
  25. Ousainou B. Jorbateh, (DoCV) Ministry of Lands
  26. Aminata Samega-Janneh, Assistant Secretary – Ministry of Trade
  27. Abdoulie Jarra, Permanent Secretary Ministry of Fisheries

 

Security Sources say jailed Kanilai Family Farm ex-Manager Lang Conteh is innocent

By Alhagie Jobe

 

Security sources and frequent panel members always set up at the notorious National Intelligent Agency (NIA) to investigate cases especially of interest to Dictator Jammeh have told The Fatu Network that the jailed former manager of Kanilai Family Farms Lang Conteh is absolutely innocent.

 

Sources who spoke to us anonymously for safety reasons say Mr Conteh should have been applauded for his good job. Mr Conteh never stole any money but instead to the surprise of all, through his personal contacts, spend more than the amount meant for the renovation and furnishing of the Kanilai Farmily Farms and made it more standard than anticipated.

Mr Conteh was arrested and alleged to have stolen D1,538 804 meant for the renovation of Kanilai Family Farm building around the Albert Market in Banjul while he was serving as the manager.

 

One of our sources  who is always part of  The  NIA panel investigating high profile cases said the authorities wanted to use a few of them as witnesses to testify against Mr Conteh but they refused for the simple reason that there was no case. “I have all the receipts with me and the investigation report. I was part of the investigation panel” a security source in Banjul told us.

 

Mr Conteh was on May 5th, 2016 convicted and sentenced to two-year mandatory jail term with hard labor after finding him guilty on a single count of theft by the Banjul Magistrate Court presided over by Magistrate Omar Cham.

 

The court further ordered him to pay restoration as per the allegation pursuant to section 145 of the Criminal Procedure Code {CPC} and failure to comply with the said order will make him serve another year in prison with hard labour.

 

In his mitigation, Conteh who has since denied any wrong doing, urged the court to exercise justice with mercy and reason as he is a father. “I executed this work to the best of my ability to satisfy my employer. My plea to you is please don’t send me to jail for this. I have a family and I was in detention for seven months and I think that alone is enough. I urge the court to consider the trauma I went through; the two years of legal battle,” Mr Conteh appealed in tears.

 

This is the second time Mr Conteh has been sent to jail; he served a brief jail term several years ago on another allegation of criminal conduct.

 

 

 

 

THE MISCARRIAGE OF JUSTICE vis-à-vis THE VIOLATION OF THE FUNDAMENTAL RIGHT TO FAIR HEARING

Here is part 3 of our Legal Experts’s take on The Gambia’s rotten Judiciary where the state in a deliberate attempt to pervert the cause of justice, use the Attorney General’s Chambers to frame innocent Gambians especially those it perceive as enemies.

Please read on

 

PRESUMPTION OF INNOCENCE

Section 24(3) (a) of the 1997 Constitution of The Gambia provides thus:

“Every person who is charged with a criminal offence shall be presumed e innocent until he/she is proved or has pleaded guilty.”

 

 

This means that the law regards you as innocent. You are not a criminal and you just alleged to have committed the offence. The prosecution should therefore convince the court beyond reasonable doubt that the allegation made against you is true and that you are the one who committed the alleged offense. They will do so by calling witnesses and presenting evidence before the court and if they fail to do so, the court will exonerate you from all liability.

 

 

It is by virtue of the aforesaid constitutional provision that an accused person is entitled to apply for bail. The court should always be minded to admit accused persons bail unless if otherwise provided for by law.

 

 

This is so because to admit an accused person to bail is not consistent with an acquittal. It only furthers the fair trial rights of the accused; that is the right to be presumed innocent as embodied in section 24 of the 1997 Constitution of The Gambia. And since this is the Constitution of the Gambia justice Dada is bound as a judicial officer to follow it. And this would in my view enhance trust in our criminal justice system.

 

 

Therefore, since our Courts are a Court of Justice and Law, and since the justice of the case and the law on the matter is in favur of the grant of bail, Darboe and Co should have been admitted to bail. The courts failure to do so (be cause the Judge was directed by the state not to admit them bail) is a grave violation of Darbo and Co’s constitutional and fundamental human rights as provided for by section 24 of the 1997 Constitution of the Gambia. Thus a blatant miscarriage of justice

 

 

RIGHT TO FAIR HEARING

The right to fair hearing is a constitutional right enshrined under section 24 of the 1997 Constitution of the Gambia. The right cannot be waived or statutorily taken away.

Section 24(1)(a) and (b) of the 1997 Constitution of the Gambia provides thus:

  • (a) if any person is charged with a criminal offence, then, unless the charge is withdrawn; or
  • (b) where proceedings are commenced for the determination or the existence of any civil right or obligation, the case shall be afforded a fair hearing within a reasonable time.

The aforesaid constitutional provision is applicable to everyone irrespective of your nationality, race, ethnic group or political affiliation. The courts are bound to apply it at all time. The natural question that flows from this is, what are the essential elements of fair hearing? In other words, what are the things that must be accorded to an accused person before we can conclude that such a person has been handed a fair hearing.

 

 

The Supreme Court prescribed the essential elements of fair hearing as follows:

  1. Easy access to court;
  2. Right to be heard;
  3. Impartiality of the adjudicating process;
  4. Principles of nemo judex in cuasa sua; and
  5. Whether there is inordinate delay in delivering judgment.

 

If one of the aforementioned is violated, the right to fair hearing of the accused person is violated. Thus, to satisfy the principle of right to fair hearing, all of the essential elements must be respected. The question now is whether Darboe and Co are being accorded a fair hearing so far? The answer is an emphatic NO because of the following incidents that transpired during the proceedings so far.

 

-Darboe and Co were in PIU custody from the 16th to the 20th April 2016 before their subsequent arraignment at the high court. In fact they were to be arraigned at the Kanifing Magistrates’ court and everything changed in the last minute.

 

-The Judge received a directive from the government to deny Darboe and Co bail. This was evidence by the interview the judge had with Fatou Camara. This led the judge to recuse himself from the case and the case was assigned to another judge.

 

-Security personnel are constantly around the Darboe and Co even when they are briefing their lawyers even though it is their right to have audience with their lawyers privately. The defense complaint to the court about the irregularity. The Judge refused to order security personnel to allow the defense team to have audience with their clients saying it is beyond her powers.

 

-The judge had several meetings with the Attorney General in the Attorney General’s office while the case is ongoing (obviously they will discuss the case and the what the president wants the outcome to be).

 

-The judge guides the DPP on the laws to cite in court prior to the time allocated for hearing (on one occasion the judge sent her clerk to deliver a note to the DPP).

 

-The constant refusal of all the applications made by the defense team no matter how overwhelming the evidence shows that the judge continuous to give regard to government wishes rather than the law.

 

-The first witness the prosecution called testified in English even though most of the accused persons do not understand English. The following day the DPP having been aware of the irregularity, wrongfully invoke section 123 of the CPC to recall the witness and the Judge allowed his application. Furthermore the judge herself read what the witness said to the interpreter who then interpreted it to the accused persons.

 

-The DPP made another application to recall a witness who had already testified, the judge granted the application made by the DPP without asking the defense whether they have any objection to the application even though she was obliged to do so. she has intentionally refused to listen to the defense.

 

 

This trial without doubt is politically motivated. Consequently the accused persons’ rights have been constantly violated by the prosecution and the Court. the miscarriage of justice occasioned in this trial is overwhelming. The lack of respect for rule of law by the court and the adherence to the will of the president by the court shows that our judiciary is not independent. I will say this without any fear of contradiction that one of the following will happen

 

 

  1. Darboe and Co will be convicted and sentenced by the court
  2. The President may direct the office of the Attorney General to withdraw charges
  3. The President may, after their conviction pardon them and play hero once again.

 

No matter what the out come is, one thing is clear, our justice system has failed us and we cannot trust it with our lives.

 

 

PPP Media committee calls for boycott of Jammeh’s Vison 2020 Meat Sale

By PPP Media and Communications.

 
Boycott Dictator Yaya Jammeh’s so-called Vision2020 Meat Sale being run out of the failed Kanifing Municipal Council !!! Boycott any business associated with the Kanilai ( KGI ) criminal cartel…

 

 

Dictator Yaya Jammeh’s economic policy defies conventional wisdom!! Put another way; What is Dictator Yaya Jammeh’s economic policy? We know it’s Not free market liberal, and private sector led, to accentuate our advantages, …our comparative advantage.

 

 

Dictator Yaya Jammeh’s economic policies are more akin to what can only be called “personal” command economics, which is worse than a socialist state led, in which the states dictates and controls the means and methods of production, and much more.

 

 

In a “personal command economy”, a totalitarian leader does not trust the advise of his own experts on loosening his grip on the economy. He is paranoid about the economy getting out control in terms of inflation, prices, goods shortages, or anybody outside his circle of enablers, the oligarchy, dominating any sector of the economy. The paranoid leader does not believe in the concept of demand and supply, or a free floating currency, exchange rates, against the major global currencies, namely the US dollar and the Pound sterling. The Dictator is suspicious of the major international lending and developmental organizations, like the World, IMF, The European Union, or even the African Development Bank, or the United Nations. His obsession to holding on to power at any cost, makes him believe that there is a conspiracy under every rock, or behind every tree.

 

 

The totalitarian leader is obsessed with owning and controlling major sections of the economy that directly affect the daily lives of his subjects. He anoints himself as the provider, the benefactor in times of need, or acute shortage of basic commodities, or skyrocketing prices. He regularly defies advise during high demand periods of basic goods, by inserting himself in the economy. He routinely decrees unannounced price controls, or undersells, or undercuts legitimate businesses who play by the rules, and pay all the required taxes, provide employment, all along the supply chain.

 

 

Another weapon at his disposal is to confiscate properties of his perceived enemies, or people who have not publicly declared their support, through allegations of tax evasion, or excuse of “national security” ; example, business tycoons Alagie Jawara, Modou “Peul” Jallow – Senfour” or he will take vast tracts of arable land out of production, in the name of a future ” Vision “!

 

 

The biggest economic crime in a “personal command economy”, is forcing poor farmers to sell their products to him at cut throat prices. Farmers are forbidden from going across the border to sell their products to the highest bidder, to take advantage of the free market. The poor farmers are threatened with treason and imprisonment for trying to earn more, and lift themselves out of poverty.

 

 

Finally, the dictator becomes suspicious of trade, or the terms of trade that are increasingly unfavorable to him, with huge trade deficits. He seeks refuge in economic nationalism, import substitution industries, autarky, or self- reliance- ” eat what you grow, or grow what you eat”! Behind the scenes, he is busy with his wife hoarding scarce high value products from wholesalers like Costco, or Sams Club!

 

 

The concomitant consequences of a “personal command economy” is that; it destroys industries, jobs, deepens poverty, and people gradually withdraw from participating in the economy because it is no longer lucrative or rewarding. Many simply give up to destiny, fatalism, and accept their condition, and convince themselves that they can no longer change their condition through honesty and hard work alone.

 

 

Some choose to deepen their religious beliefs, practices, superstition, and invest more in the promises of after life, heaven. Now they have surrendered both their political and economic freedoms, and insulate themselves with Spartan nerves, to be oblivious to the harsh realities around them. The young and restless, simply abandon and seek flight, instead of fighting….Backway Syndrome, brain drain and capital flight sets in.

 

 

Religious fundamentalists, or merchants of doom begin to take prominence in the day to day running of affairs in collaboration with the dictator through misplaced benevolence, resource redistribution.

 

 

By this time, a proud, broken and defeated people have accepted begging as a way of life, as a way of providing some semblance of dignity to their families. It becomes a matter of survival, every man or woman for himself, and God for us all…..

 

 

Does the description above fit the profile of a Dictator and people near you? ….

 

 

We must defeat Dictator Yaya Jammeh’s tyranny and misrule, to restore order, rule of law, human rights, political and economic rights, prosperity to our people and end this unsustainable dependence, and asymmetric relationship between the Diaspora and families back home….

 

 

Please tell your families to Boycott the so called “Vision 2020 Meat Sale”, and any business associated with the KGI , Kanilai criminal cartel. Encourage and urge for them to spend their monies with the local market butchers or other legitimate corner shops, who will recycle that disposal income back into the economy, thus providing employment for your brothers and sisters.

 

 

 

please share, like and share your thoughts….

 

By PPP Media and Communications

First Lady Lands in Saudi Arabia on a $300, 000 Chartered Flight

By Alhagie Jobe

 

Gambia’s First Lady Madam Zineb Yahya Jammeh has arrived in Saudi Arabia on board a $300,000 chartered flight to perform ‘Ummrah’, the Fatu Network has confirmed.

 

According to sources, the First Lady accompanied by a high powered delegation of about fifty-five people, including her hairdresser and manicurist have all arrived in Saudi at the expense of the Gambia government.

 

Zineb commonly called “Gold Digger First Lady,” has ever since been using the presidential flight on her private endless travels and extravagant shopping sprees around the world, wasting Gambia’s merger resources while Gambians continue to live in abject poverty.

 

Sources say the First Lady has opted and insisted on a chartered flight to Saudi Arabia after being on standby since last week waiting for the maintenance and safe use of the Gambia’s Presidential flight Boeing 727 100, an old aircraft built in the sixties. The said aircraft is still under maintenance after a series of technical problems due to old age, unlike The Senegalese Presidential jet which is said to be brand new. According to experts, this plane which was built before dictator Jammeh himself was born, should have been out of commission years ago.

 

This technical problem with the Presidential flight and cancellation of the First Lady’s initial departure date resulted to the arrest, dismissal and detention of the Director General of The Gambia Civil Aviation Authority, Abdoulie Jammeh and members of his staff since June 28, 2016. Dictator Jammeh blamed his office for not making sure that his aircrafts are properly maintained.

 

Amongst those arrested and detained are aircraft engineer, Amadou Fatty, Abdoulie Trawally, senior human resource director of The Gambia International Airlines, Saul Njie, Air Traffic Manager and Ebrima Sallah, Finance.

 

Meanwhile, sources have confirmed that Dictator Jammeh’s aircrafts are usually maintained at the tune of over $150, 000 which the GCAA can no longer afford due to the financial constraints.

 

 

UDP Peaceful Protesters Denied Access to Prison Mosque

The Fatu Network has confirmed that peaceful protesters detained at Janjjanbureh Prisons are not allowed to perform prayers at the prisons mosque. Directives are said to have been given that they should not be allowed anywhere near the mosque.

 

The detainees twenty two of whom were unconditionally released Thursday, June 30 were advised by authorities to never take part in any form of protest failure of which they will face severe consequences. Before their released on bail, the detainees were all held in a big  hall for over fifty one days incommunicado and were never allowed outside their detention hall which has a bathroom inside. Both detainees and prisoners at Janjanbureh have one full tea cup of ‘Pap’ for breakfast with little or no sugar at all, rice for lunch with no pepper, no salt and half tea cup of ‘Chereh’ for dinner.

 

Many of them have serious medical issues, but are not allowed by prison guards to see a doctor. One Lang Marong who is said to be losing sight in one eye have tried many times to convince guards that he needs to see an eye specialist but it all fell on deaf ears. Both Fatoumata Jawara and Fatou Camara are said to be in serious medical needs as both of them can’t sit straight. Source could not tell us what exactly happen to them but stressed that they are in urgent need to see a doctor. Prison authorities have been informed about their condition since June 14, but they are still denied access to a medical doctor.

 

One of the male protesters whose name we cannot disclose right now is said to be losing his mind slowly. The Source stressed that he needs to see a doctor before it is too late.

 

Meanwhile, the twelve protesters who were denied bail are expected to appear in court latest Tuesday, July 5, 2016. The Fatu Network will continue to monitor the situation for you.

22 UDP protesters released from Janjangbureh prison, 12 remaining

Twenty-two peaceful protesters, militants and supporters of the Gambia’s opposition United Democratic Party (UDP) detained in the Janjangbureh prison have been unconditionally released on Thursday, June 30, The Fatu Network has confirmed.

 

These opposition militants and supporters are among 39 people arrested from two different locations since May 9 between West field and Kairaba Avenue by PIU officers while protesting in support of their detained comrades and party leader. They were later moved to Janjangbureh prison where they were held incommunicado for fifty one days.

 

It is not clear why the government decided to implement such a selective method of releasing detainees as a total of 12 people are still left behind in the prison. Those still held in Jangjangbureh are Modou Sarr, Jerreh Fatty, Solo Koromah, Bakary Marong, Alkali Sanneh, Lamin Sarjo, Kemo Touray, Alhagie Saidykhan, Lamin Dampha, Sheriff Suno, Tombong Njie and Muhammed Singhateh.

 

Earlier in May, out of these 39 people arrested on May 9th, six (6) of them all of whom were women were released on bail by the Kanifing Magistrate Court. They are Isatou Saidy, Sukai Dahaba, Kaddy Samateh, Fatoumata Sarr, Amie Touray and Lele Bojang. These women were separately detained at the Kanifing Police Intervention Unit; among them was a mother of a one month old baby named Aisha Fatty, who was also under detention with her mother.

 

They were charged with conspiracy, unlawful assembly, riot, incitement of violence, riotously interfering with vehicles, holding procession without a permit and disobeying an order to disperse from an unlawful procession. The Kanifing Magistrate Court granted them bail in the sum of D20, 000 with a Gambian surety each, who swore to an affidavit of means, deposited to the court, their national identification cards and addresses and particulars.

 

Consequently, the remaining 33 detainees were transported to Janjangbureh prison and have since not been charged, produced before a court of law or allowed access to family members or even their lawyers. The remaining 12 are now expected to appear before Justice Ottaba on Tuesday, July 5, 2016.

 

It could be recalled that since April 14, the political tension in The Gambia had risen following the arrest of a dozen opposition members of the United Democratic Party (UDP) who were merely protesting in demand for justice and electoral reforms. They were rounded up by police and one of them named Solo Sandeng was reportedly tortured to death in state custody while others suffered severe pains and still under critical conditions.

 

The death of Sandeng led to another peaceful protest on April 16, led by the leader of the party Ousainou Darboe and party executive demanding the release of Solo Sandeng, dead or alive and others ‘illegally’ detained. They were equally rounded up by police and are all currently standing trial, denied bail and remanded at the State Central prison of Mile II.

 

The Constitution of the Republic of The Gambia, Chapter 4, Section 25, Sub Section 1(D) states that “Every person shall gave the right to freedom of assemble and demonstrate peaceably and without arms.”

 

 

Election year

The Gambia is this year heading for another election in December but already marred by violence. The opposition are calling for electoral reforms and continue to stage daily protest in the country while Mr Jammeh described them as been ‘backed by the West’ to destabilize The Gambia.

 

On May 19, 2015 at a regional summit in Accra, The Gambia supported by Togo opposed a proposal by the sub-regional bloc, ECOWAS, to impose a region-wide limit to the number of presidential terms to two. The proposal which was on the agenda for the Heads of State and Governments to decide was finally not adopted.

Mr Jammeh came to power by a coup in 1994 followed by an election in 1996 and re-elected every five years since then. The government of Mr Jammeh has since been accused of showing little or no respect for the fundamental human rights of Gambian citizens.

 

Arbitrary arrests and detentions have increased, security forces continue to harass and mistreat detainees, prisoners, opposition members, journalists, and civilians with impunity. Prisoners are reportedly held incommunicado, face prolonged pre-trial detention, and are denied due process. The government has infringed on privacy rights and restricted freedom of speech and the press with disappearances and mysterious killings the order of the day.

 

Chaos in Mile II Prisons, 33 prisoners under emergency transfer to Janjangbureh Prison

A heavy confrontation between officers and prisoners is reported on Thursday in Mile II Prisons prompting the Authorities to order for an immediate transfer of several prisoners to Janjangbureh Prisons, The Fatu Network has confirmed.

 

According to our sources, over thirty prisoners are affected by the emergency transfer and are currently on their way to Janjangbureh Prisons in the Central River Region.

 

It’s is still not clear as to what caused the chaos and confrontation between the officers and prisoners but sources close to the Gambia Prison Authority have confirmed that the confrontation started when prisoners denied officers access to search their cells, possibly to seize properties sent to them by their families.

 

Searching of cells in Remand Wing, Main Yard, Female Wing and Security Wing at the Mile II Prison is a routine engagement by officers as it allows them to seize what they call ‘properties not allowed to be in the possession of detainees or prisoners’ eg; mobile phones, razor blades, beef cans etc.

 

Sources added that when the officer came to search, the prisoners denied them access and said their properties will not be taken away resulting to a heavy confrontation.

 

Meanwhile, it is reported that the chaos inside the prison also led to the closure of visitation and denial of provision of homemade food to prisoner. Earlier, it was reported by this medium that opposition UDP leader Ousainou Darboe and Co where denied homemade food and visitation but reports are coming that the denial has affected all prisoners due to the chaos. This sources say is unfair to innocent detainees who are not part of the incident.

 

Reports also have it that there might be no rest hours in the prison these coming days as officers might fear the problem to escalate.

 

 

 

National story line Gambia lost due to crisis of solidarity

Gambia’s nation story-line used to be the smiling coast of Africa. The country is small in terms of others but admired and respected for its citizen’s hospitality, impact in the world and nice beaches. Well, we all wished that Gambia’s story has been same version but we are now known for our human rights issues, incarcerations, poverty and the lone individual “Yaya Jammeh” for 20 years. We’ll probably need a new national story because anywhere Gambia is mentioned, people remind us about the man who cures HIV with banana and human rights injustice. Development sure puts a country on the map but it is not all about building arches and airport, but people. When you have a commander in chief who presides over tortures, killings, divisive speeches etc., it clouds all the good he has done.

 

 

Once upon a time in Gambia, people jealously guard shared values of neighborliness and shared mutual interests so much that it made a bond of trust in each other at work place irreplaceable. Neighbors share dishes during lunch time or children will have sleep over at neighbor’s home whom they have no proximal relations. Now neighbors have become strangers. Many of us are appalled that our society standards and some people’s character have changed significantly but not all are blithely unaware or care about these chasms. Some civil servants, service men, elders, citizens who worked with Yahya Jammeh will be tainted forever after for the degradation of standards they have helped him create in the country. Yahya Jammeh, it turns out that he has created a society in which we only not worry about the Jammeh phenomenon we have to deal with, but the rise of enablers such as freeloaders and easy riders for personal gain. Yahya Jammeh, to his credit, made them visible to us on personal level even though we feel pervasively betrayed that— they are secret spoilers. Reflecting on our society today reminds us, how much pain there is in our country as a result of the action of these people— who single handedly contributed to the rampant social isolation of Gambia.

 

 

Gambia continues to nosedive even further into uncharted territories of dictatorship because of shrewd enablers such as easy riders and freeloaders. We have repeatedly failed to make any meaningful progress because of selfishness of certain people standing against the wind of change. Some folks are proud to be easy riders and freeloaders to everywhere they can exploit without being sensitive to their fellow human suffering or lost. Everything they get involved in, results in weakness, confusion and disarray thus making people lose sight of their core interests of free Gambia and his citizens. They will indeed exploit people or a vulnerable system sometimes shamelessly and sometimes not, just to deaccelerated the arrival of certain valuable aspects of change and deny people their voice. They’ve wagered the peoples wish for future political gain, and we’re all worse off for it. Their insolence and ingratitude to fellow Gambians who worked hard to build the country just for them to enable APRC regime to destroyed everything, thus inevitably prolonging Gambians suffering.

 

 

They have perfected the art of snatching defeat from the jaws of victory by creating suspicion and mistrust among people. Easy riders and freeloaders are repeatedly kicking the can of change with no apparent concern for their actions. Any attempts to move the country forward, has either misfired or collapsed over the last twenty years best exemplified by December 30th incident. They will smile on your face while their heart is burning. They will push the most vulnerable forward, turn and run for nearby hills only to leave them to fend for themselves. Thus, they must face the choice of the unthinkable alone after the easy riders sveltely withdraw their support. It’s an embarrassment that some people with no affront to basic moral decency of having learned nothing from the damage they have done to our Gambia families and society.

 

 

This is unacceptable in an ethical or logical society. The better course for all of us is to step back and take the long view, and to begin building our relationship with people as a result of rampant social isolation, improve on our character and restore trust in each other again for us to regain that solidarity to free our country. APRC and its leader will not live forever.Thing again the consequences of you actions not there after when it is done and over with. National interest should trump self interest.

By habib

(A Concerned Gambian)

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