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GOOD MORNING PRESIDENT BARROW

Fatu Camara
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GOOD MORNING PRESIDENT BARROW

 

Wait a minute. Watching reality unveils in Banjul, I am charged to observe with an eagle’s eye, listen keenly, analyse impartially and share honestly and adequately. Like most fictional narratives which ends in happily ever after, we in an ideal reality fathom more mesmerising and fulfilling outcomes more especially from our leadership. In fairly balancing the scale of in depth analysis, we raged at their immortality. Their perfect imperfections become irrelevant. All we want is our expectations met. Very human.

 

Agreeably, in a democratic dispensation anchored on lawful laws, sovereign citizenry, vibrant economy and healthy social cohesion, the leadership cannot but be assertive, swift and zealously productive. Even under such situations, errors and failures are experienced now and again.

 
Don’t go that route, they will chastised. Chill. My sat navigation is fully functional with the latest software. Moreover, it sometimes helps to cut off the branches first before chopping down the tree. For a starter, no one is in denial that leadership is faced with towering and slippery tasked of sailing the bruised nation to safe shore. That said how do we project the leadership in crossing that thin mark between speedy delivery of expected goals and cutting edges, failures and unfilled promises? A search for clues on the Gambian social media only generated more worrisome questions than answers. The voices are simultaneously loud, varied and confusingly unclear. One minute we love this and the next week despise it. We want him flex his muscles but he must uphold the rule of law. Yet all we want is development, peace, security and justice desk on democratic instruments, institutions and practices.

 
The fundamental desire is not to mutate a young democracy into an arrogant and insensitive statesmanship. Certainly, success isn’t far fetched. The signs are promising but care must be taken not to derail. A lot is marsupially wrong with the leadership, inexperience, inadequate capacity, nepotism, partisan and poverty-stricken economy. With all these in the neighbourhood, success can’t be magical. The vice president post has become bad blood. Entering into contracts without due diligence is helpful either. Gambians are definitely patience. To think otherwise is rhetorically bias. Errors upon errors had been made yet no placards were raised albeit the need is there. If that is not tolerance, I don’t know what patience denotes.

 
Now the baby-sitting and honeymoon moment must way for growth and maturity. What is the essence of experience, knowledge and wisdom? Presy Barrow. Don’t let us down. Please.

 

Sulayman Jeng
Birmingham, UK

Our Republic and Its Press Will Rise or Fall Together

Fatu Camara
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Our Republic and Its Press Will Rise or Fall Together

 

By Madi Jobarteh

 

Wednesday, May 3 was World Press Freedom Day. This Day was delivered to the world by African journalists when they met in Windhoek, Namibia from 29 April to 3 May 1991 in a groundbreaking seminar on promoting an Independent and Pluralistic African Press. At the end of the seminar they issued the Windhoek Declaration on Promoting Independent and Pluralistic Media. In 1991 the UNESCO General Conference recommended to the UN General Assembly to adopt May 3 as World Press Freedom Day in honour of that seminar. The UN eventually accepted in 1993 and declared May 3 World Press Freedom Day. Hence on a day like today, all African journalists must feel proud for our historic contribution to the promotion of freedom of expression and free media in the world.

 

In the Windhoek Declaration, African journalists expressed the importance of freedom of expression as stipulated in the Universal Declaration of Human Rights as well as the frantic efforts around the world, to protect this freedom. In that regard they also lamented the threats and risks journalists face in doing their work inside Africa. They therefore called on African governments to release all jailed journalists and also allow exiled journalists to return home. They requested African States to provide constitutional guarantees of freedom of the press and freedom of association. The journalists noted the importance of an independent, pluralistic and free press to the development and maintenance of democracy and economic wellbeing.

 

All the issues lamented by these African journalists during that seminar and in their declaration have been issues confronting the Gambian media since independence but especially since 1994. The APRC Tyranny had consistently squeezed the independent media to ensure that it reduces its pluralism or simply make them silent at home or cause them to flee into exile. Media houses were been set on fire, while journalists were jailed, tortured and killed with impunity. The situation of the media was so severe in the Gambia that by 2017, Gambia has more media outlets outside of the country than inside. What therefore are the lessons for the Gambian journalist now that we have overthrown dictatorship and ushered in a democratic dispensation.

 

In the first place, Section 207 of our constitution guarantees freedom of the press. It went further to give the independent press the duty to hold the Gambia Government to account on behalf of the people. Secondly Section 208 also places a duty on the state media to give space to divergent and dissenting opinion of all Gambians. Our pressmen and women must therefore know these constitutional rights and duties given them in order for them to fulfill.

 

Therefore the fundamental question our journalists must ask is how do we fulfill this constitutional role. In answering this question, our journalist must remember their experience under the APRC Tyranny so that all journalists stand together and resolved never ever to allow another regime to emerge in this country that will muzzle the press. This is why I titled this piece ‘Our Republic and its press will rise or fall together’ which is a quote from a statement from that great journalist Joseph Pulitzer when he won a libel case against US President Theodore Roosevelt in 1909.

 

It is indeed refreshing that the Gambia has a new government whose president has expressed his desire to respect freedom of the media. But let us also remember that in his first press conference junta leader Lt. Yaya Jammeh had asked journalists to criticize them if his regime went wrong. But within few months, we witnessed the deportation and jailing of journalists under AFPRC Dictatorship. Therefore Gambia journalists must be sensitive to history to ensure that it does not repeat itself.

 

What will ensure that such history does not come back is when our journalists do what Joseph Pulitzer said in 1909 about the role of the media. He said journalists must be public-spirited with trained intelligence to know the right and the courage to do the right. This way, journalists will preserve the public good and democracy. But he said if journalists were cynical and demagogic they would only create a mockery of democracy. Hence he concluded, “The power to mould the future of the Republic will be in the hands of the journalists of future generations.” 

 

Therefore let our journalists wake up and take their rightful constitutional role to hold the Gambia Government to account in order to preserve the public good. In paraphrasing Pulitzer, I would tell our journalists do not serve any party but only the people. Do not be an organ for the Coalition, UDP, PPP, PDOIS, NRP, NCP, GPDP, GMC, GDC or APRC, but be the organ of truth. Follow no caucuses but your own convictions. Do not support the Barrow Administration, but criticize it. Expose and oppose all frauds and shams wherever and whatever they are and from whoever they come. Always advocate principles and ideas rather than prejudices and partisanship. It is only in this way that you can protect freedom of the press in the Gambia and ensure good governance.

 

Remember the legends of Gambian journalism and what they stood for. Edward Francis Small. William Dixon Colley. Sanna Tiks Manneh. Deyda Hydara. Baboucarr Gaye. George Christensen. These were giants who stood up to tell truth to power and defended press freedom. Therefore you are following in a long and glorious tradition in a noble profession.

 

On this day, let us demand that Barrow Administration transform GRTS and Gambia Daily newspaper into true public media. Let us demand the Barrow Administration to expunge all draconian laws that criminalize media offenses, infringe on freedom of expression and limit free press. Let us demand a thorough investigation and justice in all cases of arson, torture, incarceration and killing of Gambian journalists by Yaya Jammeh. Let us demand the creation of a freedom of information law to institutionalize transparency in the public sector. Let us demand the Barrow Administration to provide better economic incentives and capacity building to journalists to ensure the professional development of independent and pluralistic media in the Gambia.

 

Happy and blesse World Press Freedom Day to all Gambian Journalists!

 

God Bless The Gambia.

Assembly for Youth Development Association launching is May 13

Fatu Camara
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Assembly for Youth Development Association launching is May 13

The launching of a new youth association named Assembly for Youth Development Association (AYDA) is slated for May 13th, 2017 at the Law Faculty Auditorium along MDI Road.

The mission of the Association is to capacitised youths with the necessary skills capable of giving them a meaningful life towards nation building through research, skills development, resource mobilization and entrepreneurship.

Among its objectives, the Association seeks  to accomplish its mission by working to provide platforms for awareness on civic education; helping vulnerable students in accomplishing their educational goals and aspirations most especially dropouts; provide remedial classes for underprivileged and other excelling students;  mobilize resources for the establishment of youth resourced centres.

The Association also aims at providing capacity building programs on entrepreneurship, leadership and networking, provide a platform for youths to interact, exchange ideas and experiences; support youth in securing employment by providing them with jobs; and establish networks with other organisations.

According to Sarjo Jatta, chairperson of the Association, through partnership with other institutions, government and individuals, AYDA will set up programs to fully train underprivileged and excelling youths in areas such as Computer Technology, Mathematics, English and relevant current trend subjects to fully enhance their abilities to earn good  jobs in this highly competitive modern society.

“They will also need those skills to start their own businesses and participate in the political process as fully informed citizens. After talking to educators, a curriculum will be established and venues will be identified to execute this plan. The duration of the program for each cohort will also be determined at that point” he told The Fatu Network.

According to Jatta, through private initiatives, companies will be encouraged to come establish offices in The Gambia and hire these graduates who would already have acquired all the required skills to fill the positions. He added that efforts will also be launched to raise capital for startups by these graduates to allow them pursue their dreams in business ownership.

He insisted that networking with other organizations will be central to their approach to reach their goals saying, collaborating, cooperating and building alliance will provide mutual benefits for AYDA and other organizations who share similar aims. He said its AYDA’s objective to put 50, 000 youths through this programs and initiatives.

“Regional, ethnic, religious and gender diversities are a key part of our decision making process because AYDA’s aim is to equally touch lives of all peoples of this great country. Diversity doesn’t generally just happen on its own. You have to strive to achieve it by being sensitive to it” he told this medium.

He revealed that the Gambia government’s partnership will be aggressively pursued as all AYDA’s projects are aimed at complimenting government efforts.  He expressed confident that with dedication and hard work, such fairly and ambitious programs and aspirations can be achieved.

Chairperson Jatta implored on the Gambia government, institutions, international community to join and support them in contributing in the transformation of the country into a kind that will serve as a shining example for all third world countries striving to achieve first world class status.

Binta Dampha, vice chairperson of the Association said they are doing everything possible to ensure a successful launching. She cited some difficulties been faced but expressed hope that the event will be a success.

“We want it to be a big and everybody’s program. We want every invitee to be satisfied with our agenda and learn big lesson” she said.

Repeal and replace 2013 Amendment Information and Communication Act

Fatu Camara
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Repeal and replace 2013 Amendment Information and Communication Act

by Alagi Yorro Jallow

‘Criminalizing Internet Libel’& Laws ‘Giving false Information to Public Official’- Honorable D.A. Jawo

The world has changed and is changing. It has become smaller. Communications have grown faster and more direct. Thanks to the Internet, people now have direct access to a platform that allows them to communicate with friends and strangers all at once, at the literal click of a button.

This cyber crime law which was enacted by the previous regime of Yahya Jammeh, in other words, will not only deprive Gambians of their constitutionally guaranteed liberties. It will deprive them of their place in the world as it has evolved and continues to evolve. It will deny them their place in a world and time where free expression is not only a right but also integral to the way of living, of competing, of surviving, of being. The law explicitly brings the archaic libel law…into the realm of the Internet.

As stated by Justice Louis D. Brandeis, “Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”

The Gambian government has, for many years, weighed down citizens and the media with laws that criminalize speech – such as cyber-libel, the publication of false information, seditious libel and criminal defamation – just to cow them from being critical of the government and its policies.

The Gambian cyber crime law as approved, limits common people to speak out what is in their minds against people in both the private and public limelight. Our mouths and minds are gagged by this law. The right of the freedom of speech is infringed, thus, limiting the democratic expressions of what people are really talking about. Even jokes are under scrutiny; and much more with lampoon writings will be dissected and examined more fully to get the real meaning of every word in it. I believe this cybercrime law is only benefiting, protecting people in the government and multinational business agents and it further subdue the right to information.

No matter what the authorities say, the criminalization of libel is not reasonably justifiable in a democratic society! It is in fact a monarchial, archaic and backward law! It is never helpful to freedom of expression to jail journalists and non- journalists for libel. It is better addressed in civil courts without putting the right to freedom of expression itself in jeopardy.

Over the past decade, in many instances where the Yahya Jammeh-led government has, through the application of these laws, forced many citizens and journalists into exile, arbitrarily detained or disappeared.

The draconian laws have been passed at a time that the African Commission on Human and Peoples’ Rights (ACHPR) headquartered in the capital, Banjul. Many African Civil Society Organizations (CSOs) petitioned the ACHPR to relocate from the Gambia, in protest the perpetually poor human rights record of the country.

“A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.”

Libel has been possible only through published or broadcasted content. Such content has been the domain of the edifices and establishments that are regulated by government, and thereby accredited to have some claim to the public trust. And so, these products of whole organizations, content expected to have run the gauntlet of editorial diligence, are expected to be factual—harking back to the old saying, “if it’s in print, on the radio, or on TV, then it must be true.” So, libel has been a crime committed by entities that claimed, explicitly or not, to be sources of substantiated facts.

In contrast, personal musings posted on social networks such as Facebook and Twitter make no such claim. That such products of personal expression can potentially reach a wider audience than that of traditional media, and that these can gain weight and credibility by the likes and shares that effectively endorse them to ever widening circles of readers, there is no doubt.

Certainly, such personal expressions can rival the power of established media content. But, the widespread acceptance that can make social content equivalent to news reports on print, radio and TV is earned through the agreement and advocacy of the readers who choose to share these further, and not by claims of journalistic fidelity by its authors.

Social content is composed of opinions meant to be read only by the author’s friends. And those friends, like the author, are free to believe what they want, like what they want, and share what they want. Can these circles of friends be treated like organized media outfits and, like them, be held liable for libel? I think not.

On 16 April 2013, the National Assembly of the Gambia amended sections of the country’s criminal code to empower the courts to mete out stiffer punishments to persons found guilty of giving false information to public officials.

The new law, which is an amendment to section 114 of the country’s criminal code, empowers the courts to impose a jail term of five years, or a fine of D50,000 (about US $1,650) for a misdemeanor that previously attracted a jail term of not more than six months or D500 (about US $17).

Apart from stiffer punishments, new law also classifies the president, vice president, speaker, deputy speaker and members of the National Assembly as public officers.

The classification approved by the National Assembly is inconsistent with section 166 (4) of the country’s constitution, which does not recognize these officials as public officers.

The offence of giving false information to a public servant has long been considered draconian and inconsistent with certain provisions of the country’s constitution as well as provisions of other international and regional treaties, to which Gambia is a signatory.

The National Assembly again on July 4 2013 amended the 2009 Information and Communication Act to introduce a 15-year jail term and fine of 3 million Dalasis (about US$100,000) to any individual convicted of using the internet to spread false news or make derogatory statements, incite dissatisfaction, or instigate violence against the government or public officials. The penalties apply to individuals living in the country or abroad.

Former Information Minister Nana Grey Johnson said the amendment had been passed to prevent Gambians from engaging in “unpatriotic behavior” against the government and public officials.

Despite the view of the United Nations Committee on Human Rights Cybercriminal, libel is contrary to Article 19 of the International Covenant on Civil and Political Rights (ICCPR) on freedom of expression.

Gambia’s new Information and Communication Minister, Demba Ali Jawo, should repeal and replace the amended 2013 Information and Communication Act on Cybercrime Prevention Law which, among other things, added electronic libel as a new criminal offense for journalists and diaspora activists using the internet.

This means that electronic libel is now punished with imprisonment from 15 years, while those convicted for ordinary libel under the Criminal Code are subject to imprisonment only from five years to six months in prison with hefty fine.

Since the Gambia is no exception in the world in terms of Facebook and Twitter usage, this means that unlike ordinary libel complaints which are oftentimes brought against printed newspapers -given the element of publication, any user of these leading social media tools is now liable for prosecution. The fact that an allegedly libelous writing appeared on the Internet is already sufficient to prove the element of publication.

The question being: are social media like Facebook and Twitter platforms for private or public expression? The Cybercrime law has answered that question. Anything you do online – writing, posting, sharing, “liking” – is essentially publication and for that matter broadcasting. Nothing is private. Everything is actionable, and potentially criminal.

One legal luminary Albert Francis says he did not see the provision or did not appreciate its implications. He also did not see additional clauses that aggravate the penalties – greater fines, longer prison terms – for libel when found and proved online. Nor the provision that would allow libel’s prosecution twice over, offline and then online, violating constitutional guarantees against double jeopardy.

And it’s retroactive, too, experts now say. Or at least, it will erase the very concept of retroactivity. Because the Internet potentially keeps your posts, tweets, and status updates live in perpetuity – or at least until the Cybercrime law pushes you, as it will, to take everything down – there is no past date beyond which the long arm of the law cannot reach.”

In other words, the assailed law, as soon as it comes into effect, immediately stifle the freedom of Gambians to express themselves, in what is by far, the most democratic medium ever created by humankind. The law stifles not only speech, but thought, altering not only words but action. At every turn and at every moment online, Gambians will have a specter of subsequent punishment hanging over them, effectively acting as prior restraint.

The Information and Communication Amended provision 2013 is an outright defiance of the UN Human Rights Committee on the case of the Gambia’s Cybercrime Prevention Law. In that view, the UNHRC declared that the Gambia libel law under the Information and Communication Act 2013 contravenes freedom of expression on two counts: one, it is a disproportionate means by which to achieve its avowed goal of protecting the privacy of private persons; and two, because there is an alternative in the form of civil libel, or the payment of damages.

The UNHCR also took the view that libel law in the Gambia, because it does not recognize truth as a defense, is additionally defective on this ground.

Our constitutional commitment to freedom of expression has long been recognized. Justice Holmes, for instance, wrote: “When men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market . . ..”

The commitment exists because it is only through freedom of expression that we are able to discern the truth and able to fiscalize despotic regimes: “The freedom to speak one’s mind is not only an aspect of individual liberty—and thus a good unto itself—but also is essential to the common quest for truth and the vitality of society as a whole. We have therefore been particularly vigilant to ensure that individual expressions of ideas remain free from governmentally imposed sanctions.

By criminalizing internet libel, government expanded the infringement of freedom of expression even to the realm that has enabled us to give life to the principle of a free market place of ideas- the internet. Prior to this law, it is ironic that the Gambia was even cited by the United Nations for not interfering with the internet. The law is a testament to the reality that despite the overwhelming mandate given to the government, coupled with its unprecedented public approval ratings, it continues to be insecure and unable to compete in the market place of ideas.

A lawyer I count as friend once reminded me that provisions of law are explicit, that one may not infer other provisions no matter how implicit the law may be.

Relying on his expert opinion, I conclude Honorable Minister for Information and Communication amend the anti-cybercrime law, whether to repeal or replace its libel clause or to correct its formulation. For a law like other laws that enjoy the presumption of regularity, this cyber crime law, in so far as it infringes on freedom of expression, and with heavy presumption of unconstitutionality.

The Reality of Gambia’s Democracy: A Dominant Political Force Demands an Effective Opposition

Fatu Camara
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The Reality of Gambia’s Democracy: A Dominant Political Force Demands an Effective Opposition

Written by Solomon Demba

The outcome of the recent parliamentary election is ringing endorsement of the UDP as a dominant political force. The key challenge for our new democracy now is how to create an effective opposition force that has the capacity to face up to a dominant political force. As oppositions remain fragmented and divided, this raises the question whether the UDP’s absolute majority is likely to lead to the insulation of one dominant-party system.

Obviously, there is an intrinsic relationship between the attainment of a dominant status and the effective opposition’s concept. In this sense, the ineffective opposition is likely to enhance the dominant political force’s ability to consolidate its support base, and ultimately engender the decline of the oppositions.  This may well be prevented if the oppositions act together on common grounds, to advance the aggregated interest of the society. Failing to do so, the ruling elite will remains unaccountable, and many more self-serving missions seem inevitable consequence.  In my view, such pitfall poses the greater threat to equal political representation than the overstated tribal divisions.

Our unity to advance the collective good of the society seems an attractive choice, rather than pontificating about tribal divisions that are overly exaggerated to benefit the proponents. We are Gambians; we transcend tribes to build a fairer and pluralistic society. The former USA President Barrack Obama eloquently said this, ‘’the future of humanity and the future of the world is going to be defined by what we have in common, as opposed to those things that separate us and ultimately lead us into conflict’. ’The President’s assertion captures two main features of multicultural society, namely, conflicts and unity.

The former can be avoided if we accept our differences as distinctive tribes and work for the collective good. The latter is necessary for the stability of our country as we come together to build a prosperous Gambia. The same proposition is espoused by Philosopher Will Kymlicka, in his theory of Liberal Multiculturalism, he postulates that a greater integration of the communities is better achieved if different groups respect and preserve each other distinctiveness.  We are bound together through marriages and friendships for centuries. Recognising each other distinctiveness has allowed us to live in an inclusive society. So let us remain committed such values to imbue unity among all tribes.

While the UDP appears to have gained the support of the major tribes, it is representative of Gambians’ society as its MPs hail from different ethnic backgrounds. It may be controversial, but coherent for individuals to align themselves with a political party through a tribal line. Tribal politics is distinct identity political practice deploys by many political parties in order assume political power. Of course, political parties are likely to exemplify values such as cultural practice, language that are essential to tribes so as to influence the political thinking of the voters.

This may fan the flames of political discontent, but it seems necessary so to attain political power. In any case, if political parties are to be successful in bringing out meaningful changes in ordinary Gambians’ life they must attain power by any reasonable means.  After all, political power tends to grow out a barrel of a gun. So it is a realistic expectation for political parties to deploy tribal politics in furtherance of their political ambitions. What seems abhorrent is the differential treatment of one tribe at the expenses of others without any legal justification. Such principle cannot sit comfortably with the notion of equality.

Nonetheless, the opposition must succinctly scrutinise the legislative process of the government to protect the interests of those they represented. A scattered gun approach may not be so effective in holding the government to account given the absolute majority of the UDP. What seems necessary is a united opposition force with common objectives to balance the power of the incumbent.  Indeed, the less effective oppositions are, the more their ability to oust an incumbent diminishes. This was self-evident in the way in which the Coalition attained political power.

It is a given fact when there is no realistic prospect for a political party to form a future government,’ the party’s protagonists will desert the party as the promise of a change disappears into a distant future. Consequently, series of political capitulation (in Gambian’s political term cross carpeting) to the ruling party may follow to splinter the parties’ support base. In this regard, the party in question will find it inherently difficult to build a formidable political force capable of winning the political power. Take, for instance, the NCP was in similar position for many years without increasing its electoral success. In fact, its support was in serious decline. Similarly, the re-invention of the PPP seems to have spectacularly failed to reinvigorate its former support base. The APRC’s heavy loss provides another explanation why voters are likely to desert a political party which is deemed to have no chance of assuming power.

The fact is that it was unconvincing to the voters that these parties had a realistic of winning political power. Therefore, there was no need to vote for impotent political parties that may not bring out change. It is safe to say, an effective and united opposition can only provide political parties with a realistic path to government. It can also be seen as an effective way of ousting entrenched ruling elite.

In conclusion, while the UDP represents a dominant political power in the Gambia, an effective opposition seems necessary to balance the power in the legislature, so as the other organs of the state in order to protect all Gambians’ interests. Failure to do so, our democracy runs the risk of being reduced to one dominant- party system. That may transform itself into a light dictatorship with the ability to control all narratives through media, at the expense of our well-fought democracy.

Forward with the Gambia!

17 state witnesses to testify in ex-NIA 9 murder case

Fatu Camara
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17 state witnesses to testify in ex-NIA 9 murder case

A total of 17 state witnesses are said to be testifying in the murder trial involving the former NIA Chief Yankuba Badjie and 8 others at the High Court in Banjul.

 

This was disclosed in court on Tuesday by the presiding judge Justice Kumba Sillah-Camara as she denied an application from MB Abubakar, the Deputy Director of Public Prosecution for the case to be adjourned for another two weeks.

 

“I will not give you two weeks but until next week. We will start sittings from Monday to Thursday and make sure you have all your witnesses ready and available” she said.

 

According to Justice Sillah-Camara, this case should be given priority due to its nature and for the fact that 17 witnesses are to be called by the state.

“This is the only criminal case in my court and we should always give priority to criminal cases” she noted.

 

She then adjourned the case until the 8th, 9th, 10th and 11th May respectively for the state to open its case.

 

The agency’s erstwhile Director General Yankuba Badjie, alongside 8 others namely; Louis Richard leese Gomez, his deputy, Saihou Omar Jeng, ex- director of operations, Babucarr Sallah, Yusupha Jammeh, Haruna Susso, Tamba Masireh, Lamin Darboe and Lamin Lang Sanyang are now charged with twelve counts of offence, ranging from conspiracy to commit murder, murder, assaults causing actual bodily harm amongst other charges.

Ex-NIA chief & Co deny killing Solo Sandeng; finally took pleas in court

Fatu Camara
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Ex-NIA chief & Co deny killing Solo Sandeng; finally took pleas in court

The former head of the National Intelligence Agency (NIA) Yankuba Badjie and eight others, standing trial for the murder of late Solo Sandeng, on Tuesday, finally took plea and denied the accusation against them.

The late Solo Sandeng was alleged to have been tortured to dead while under state custody for merely staging a peaceful protest demanding electoral reforms on April 14th, 2016.

The agency’s erstwhile Director General Yankuba Badjie, alongside 8 others namely; Louis Richard leese Gomez, his deputy, Saihou Omar Jeng, ex- director of operations, Babucarr Sallah, Yusupha Jammeh, Haruna Susso, Tamba Masireh, Lamin Darboe and Lamin Lang Sanyang are now charged with twelve counts of offence, ranging from conspiracy to commit murder, murder, assaults causing actual bodily harm amongst other charges.

They finally took their pleas before the court presided over by Justice Kumba Sillah-Camara after the dismissal of their application challenging the competence of the Deputy Director of Public Prosecution (DDPP) to exercise the powers and functions of the Office of the Director of Public Prosecution (DPP) in the absence of an incumbent of that office.

It could be recalled that by summons on notice dated the 3rd day of April, 2017, and filed on the same date, the accused persons seek an order striking out the information dated the 20th Day of March 2017 and filed same day for want of jurisdiction on the ground that the criminal case not instituted in accordance with the due process of law and the requisite provisions of the 1997 Constitution of the Republic of The Gambia. This application halted them from taking their plea as they were waiting for the court ruling on the issue.

During Tuesday’s sitting, all the 12 count charges ranging from murder, conspiracy and forgery where read to them and they all pleaded not guilty.

The case was then adjourned to the 8th, 9th, 10th and 11 May respectively for the state to open its case.

Judge orders Prison Service to stop handcuffing ex-NIA 9 to and from court

Fatu Camara
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Judge orders Prison Service to stop handcuffing ex-NIA 9 to and from court

Justice Kumba Sillah Camara, presiding judge in the murder trial of the nine former National Intelligence Agency (NIA) on Tuesday ordered the Gambia Prison Service to stop handcuffing the accused persons when coming to court and going back to Mile II Prison after court sittings.

 

The order came following a verbal notification to the court by Defense Counsel C.E Mene standing in for the first accused person Yankuba Badjie.

 

He told the court that the rights and dignity of the accused persons should be respected as they are presumed innocent until proven guilty.

 

“In last court sittings, they are brought in court with handcuffs. Bringing them in handcuffs seems they are criminals. They are innocent until proven guilty. They deserve rights and dignity and this is a serious matter that the court should intervene” he said.

The Deputy Director of Public Prosecution AB Abubakar replied saying they are not aware of the rights of the accused persons been violated and if so, they don’t support it.

This prompted Justice Sillah-Camara to call the attention of the most senior Prison Officer in the escorting team to explain the reason behind the handcuffing of the accused persons when coming to court and going back to the prison. The prison officer replied that the handcuff is for security reasons but quickly noted that they are never handcuffed inside the court room.

 

“We only handcuff them when coming or going but not inside the court” the officer said.

 

Defense Counsel Moses Ritchards standing in for Sheikh Omar Jeng, the 3rd accused person rose up and informed the court that with the number of PIU officers deployed to escort only nine accused persons and the number station within and outside the court premises, there is no need to handcuff the accused persons. He urged the court to order that the action be stopped immediately.

 

Justice Sillah-Camara then made an order saying the accused persons shall not be handcuffed when coming to court or going back to the prison unless they are at flight risk.

 

“If you see that they are at flight risk, you inform the court but don’t handcuff them” she ordered.

 

Former NIA 9 application challenging Deputy DPP competence dismissed

Fatu Camara
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Former NIA 9 application challenging Deputy DPP competence dismissed

Justice Kumba Sillah-Camara, presiding judge in the murder case involving the former National Intelligence Agency (NIA) officers, Tuesday dismissed their application challenging the competence of the Deputy Director of Public Prosecution (DDPP) to exercise the powers and functions of the Office of the Director of Public Prosecution (DPP) in the absence of an incumbent of that office, and others.

The accused persons – Yankuba Badjie, Louis Ritchard Leese Gomez, Saihou Omar Jeng, Baboucarr Sallah, Yusupha Jammeh, Haruna Susso, Tamba Mansary, Lamin Darboe and Lamin Lang Sanyang are facing murder and other related charges at the High Court in Banjul. They are alleged to have killed late Solo Sandeng and tortured others.

By summons on notice dated the 3rd day of April, 2017, and filed on the same date, the accused persons seek an order striking out the information dated the 20th Day of March 2017 and filed same day for want of jurisdiction on the ground that the criminal case not instituted in accordance with the due process of law and the requisite provisions of the 1997 Constitution of the Republic of The Gambia.

The accused persons submitted that in the 1997 Constitution of The Gambia, the office of the Director of Public Prosecution is separated and distinct from the office of the Attorney General and Minister of Justice of The Gambia as opposed to the situation that existed before the coming into operation of the 1997 Constitution.

They also submitted that when the purported information in this case was filed by Mr M.A Abubakar purportedly there was no incumbent Director of Public Prosecution (DPP) and counsel Mr CE Mene stated that to the best of his knowledge that there is no incumbent DPP to date that has been appointed by the President of the Republic of The Gambia in accordance with the Constitution; that the said MA Abubakar is not competent to exercise the powers and functions of the office of the DPP in the absence of an incumbent of that office and the information signed by him is null and void and of no effect.

They also submitted that the position of the state does not represent the law as today; that the appointment of the DPP is under the purview of the executive – section 84(2) vests same on the president; that Section 85 (1) of the Constitution removes the prosecuting authority under the AG and vested I on the DPP and that the information is not signed on behalf of the DPP.

State Counsel vehemently opposed the defense application prompting both sides to reply on points of law.

In her ruling, Justice Sillah Camara said Section 84(1) of the 1997 Constitution states that there shall be a Director of Public Prosecution whose office shall be an office in the public service. This section she said creates the Office of the DPP.

She added that Section 48(1) of the 1970 Constitution also states that there shall be a Director of Public Prosecutions, whose office shall be an office in the public service of the Gambia and without prejudice to the provisions of this constitution relating to the Public Service Commission, an office in the department of government for which responsibility is assigned to the Attorney General.

“It is clear from both provisions of the Constitution that the office of the DPP is created in the public service. For the latter provision that is section 48 of the 1970 Constitution created the office in the department of the government and the responsibility of instituting and undertaking criminal proceedings was vested on the Attorney General directly. Whereas the 1997 Constitution vests the responsibility of initiating criminal proceedings directly on the DPP but it does not oust the jurisdiction of the Attorney General to control and direct prosecutions conducted by the DPP” she stated.

According to Justice Sillah-Camara, Section 85 (1) of the 1997 Constitution states that the director of Public Prosecution shall have power in any case in which he or she considers it desirable to do so, and subject to the approval of the Attorney General. She noted that the approval of the AG is needed for the DPP to perform his duties which includes initiating criminal proceedings under the 1997 Constitutions.

She said Section 65 of the Criminal Procedure Code gives the Attorney General the power to appoint a person to be a public prosecutor and who shall be subject to the express direction of the AG. “Therefore, it is safe to conclude that the Attorney General has the power to prosecute through the Office of the DPP” she said.

She made it clear that the accused person’s have not presented in their application, any evidence to show that there is no incumbent DPP.

“It suffices to state that even if there were no incumbent DPP, Section 85(3) states that the powers conferred on the DPP under this section may be exercised by him or her in person or by person under his or her direction and control. This provision presupposes that the powers of the DPP may be exercised by him or her in person. It is not mandatory that the DPP must exercise his powers in person. It goes further to state that the DPP’s powers can be exercised by persons under his control and direction. These persons are persons who are those working under the DPP. It does not mean that in the absence of the DPP, they cannot assume the responsibility of the DPP” she said.

On the issue of whether the information signed by the Deputy DPP is null and void, Justice Sillah- Camara said the Deputy Director of Public Prosecution is a person working under the direction and control of the Director of Public prosecution, therefore, the fact that his office was not designated in the Constitution is irrelevant.

“The important thing is for the Deputy DPP to be under the direction and control of the DPP. I hold that the deputy Director of Public Prosecution acted legally for signing the information. Moreover, it is of judicial notice that the office and location/address as that of the AG. Therefore, the address stated on the information is also valid. I therefore hold that the information is valid and the court has jurisdiction to hear same. In light of the above, the application lacks merit and I hereby refuse the application and dismiss same” she concluded.

GOOD MORNING PRESIDENT BARROW

Fatu Camara
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0
GOOD MORNING PRESIDENT BARROW

 

Surrogates who were grafted to man-mark your online sceptics hoped they could sandbag the looming impatience flood rising against you and the #GambiaHasDecided rainbow government only to realise their political tackle backfired with a retributive yellow card. With the abysmal failure of tasteless slogans such as “I will defend Fulagou to Futa and back” to rekindle the cheered-for encore drove home a blunt reality for any political party to elbow its way to victory, it must be inclusive and persuasive. Such myopic and laughable sentiments instead of galvanising political sympathy, threaten to puncture their propagators’ party bubble. Hence the absolute necessity for party leaders to mark their space well away from such political dregs and liabilities.

 
For some strange reasons, sometimes we are found wanton in holding back from sanctioning someone for cutting edge, omission of duty, negligence and even abuse of authority. Sadly, anytime we reincarnate the proverbial ostrich to avoid confronting our leadership and one another on broken their failures, disregard of duty, broken promises and ineptitude, we are inadvertently compounding the malaise. Perhaps, our shortfall to hold others accountable often sterms from the notion when we excuse a first error, it will be bettered next time. Some are due to blind loyalty while others are just pure greed and utter selfishness.
Lamentably, for us to drive the change we all fought for, we must turn the tides by committing to command our destiny with immaculate integrity.

 

In other words, we must be honest to ourselves and refusing to be short-changed by others. This means being true to your words, honest in your judgement and fair in your take on others. Excusing leadership on the basis of according them support nurtures a ripple effect is far-reaching and often profoundly costly. Some also opined that lowering the bar of transparency, accountability and probity brings about positive results. Unfortunately, by so doing, we not only compromise our own integrity, influence and reputation but equally soil that of others. The end product usually becomes unmet expectations, lost of trust, abdication of duty and mismanagement of funds.

 
Talking about funds, Sainey SK Marenah discussed a salient issue on his Facebook. “Our government should support Gambian owned businesses to boost the fragile economy. In Senegal, for instances, government contracts local contractors for most government development initiatives but sadly in The Gambia, is the opposite.

 
When will we be empowering each other’s products and services? I’m shock to learn that government has given a contact worth millions of dollars to a foreign company for the production of biometrics cards while we have a qualified Gambian company specializing in such ( Pristine)”, he charged. Very legit Mr President.

 
In conclusion, those who think that holding one’s leadership accountable is unpatriotic need to take an expedition on soul searching and reality check. You have no qualms with dissenters, so what is their beef? Yes, the country is emerging from challenging moments but we cannot excuse the unexcusables. Dressing in borrowed dazzling haftans will not do you any good. Similarly, unfairly calling you out too is immoral. Gambia before anything else.
Until tomorrow, I remain a fervent support.

Sulayman Jeng
Birmingham, UK

100 Days of the Coalition. Grade: D

Fatu Camara
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0
100 Days of the Coalition. Grade: D

 

By Madi Jobarteh

 

Since the APRC NAMs amended Section 48(3) of the Constitution in 2003 to make simple majority or first-past-the-post the rule for winning elections, it became clear that unless there is a single candidate going against Yaya Jammeh, the possibility of voting him out of office was almost impossible. This bad provision was therefore fundamental in the calls for all opposition parties to come together with a single flag bearer. For more than 10 years this was difficult to obtain until 2016 when the opposition created the Grand Coalition guided by a MoU and a Manifesto.

 
Hence these parties including the independent presidential candidate have a direct stake and responsibility in the victory of Barrow and the smooth and successful functioning of his government. Having lived through the dictatorship and suffered hugely, these parties therefore have a singular responsibility to usher the Gambia into a modern democratic dispensation as spelt out in their MoU, Manifesto and campaign promises. Their experience itself at the hands of the tyranny is a promise that they have no choice but to repair the damages of APRC and rebuild this country as decided by Gambians on December 1.

 
Yet so far the Coalition as a group and individual parties have not fully demonstrated to us that they have learnt their lessons and they are using their experience to remake this country. The way and manner of the Coalition members in their individual and collective decisions and actions so far leaves much to be desired. It appears our parties are more preoccupied about power and space for themselves than responding to the urgent needs of the society. For this reason, it is necessary that we become alert to that as citizens to monitor them closely knowing that we cannot anymore let politicians to derail and destroy our lives.

 
In my assessment I give them with a D score for the simple reason that these political parties that formed the Coalition are not providing the strategic and necessary support that Barrow needs. For example, they generated a lot of bickering in the way and manner cabinet ministers were selected. The back and forth and the amount of time it took to select ministers testify to that fact. Thus following the unfolding nature of events, what became evident was that there was not the necessary consultation and agreement among them as per the terms of their MoU. This vibration became more visible in the run-up to the parliamentary elections.

 
First they failed to pursue a unified position. Even in that failure they all failed again to stick to their individual desired approaches. For example PDOIS favoured an independent-led approach yet ended up fielding candidates in the name of PDOIS. It refused to stick to its desired approach even if UDP and the others did not agree to it. PPP also appeared to lean towards the PDOIS approach but they ended up also having their own party candidates and even competed against each other. Both of them therefore threw away the tactical alliance under an independent approach that they all supported originally. At the same time UDP, NRP and GMC also failed to stick to their party-led approach as they also failed to contest on the basis of a tactical alliance. Rather they ended up competing against each other in many constituencies. It is clear that party interests influenced all of their decisions.

 
Hence all of these parties in the Coalition have failed to provide the necessary unity and guidance that Barrow needs. This lack of unity continues to aggravate as it has produced a very unpleasant climate of acrimony between their supporters and surrogates and even between some leaders. Personal and tribal invectives are thrown at each other thereby threatening the nascent democracy we have just achieved as a people. if this trend continues it definitely poses threats to the stability of the Barrow Administration. This must be a huge concern to all citizens.

 
Consequently all of these make one wonder who really is advising the president. Does the Coalition Executive Committee function, as it should? What has been the role of the Coalition Chair and Spokesperson? As the ruling Coalition, do they hold periodic meetings to monitor the implementation of their Manifesto? Are they following their MoU?

 
The position and role of the Coalition Chair and Spokesman as well as the Coalition Executive Committee are significant for this administration. But I am concerned that instead of these structures providing the necessary leadership and guidance, rather we see only accusations and counter accusations. The fact that there has been so much rancour over ministerial positions and then the fallout over the parliamentary elections indicates that this Coalition is not standing on a strong foundation of unity with which it started. The continuing indecision over the appointment of the vice president as well as the conflicting positions of Ousainou Darboe and Halifa Sallah over the tenure of Pres. Barrow all point to the lack of consultation and leadership within the Coalition. Meantime the rest of the leadership remains mute over these issues. Why?

 
As we move forward, it is important that the Barrow Administration including the Coalition parties understand that there is a new narrative in the Gambia. This is the Coalition Government narrative. They are no more opposition parties under a dictatorship and they must not respond to issues as if they are still within that Yaya Jammeh scenario. Rather they need to be proactive and define themselves as the government, which has come to address the civil, political, economic and social issues of the Gambia. They must remain a united and focused Coalition. No one should seek to dominate Barrow and no one should seek to forsake Barrow. All must recognize that the Barrow Administration is their collective baby and until the end of the three years, they have a responsibility to take care of this baby. Failure is not an option.

 
Now that they are all represented in the parliament, we must tell these parties that what we expect is cooperation and consultation in the supreme interest of the Gambia. The Gambia needs a modern and robust democratic dispensation, which should deliver us out of poverty and deprivation into an advanced and prosperous society. The making of such Gambia lies inside the parliament. We expect these parties therefore to remember and respect their MoU and Manifesto to follow through it because they have highlighted critical issues that are necessary for the creation of that new Gambia. Failure to abide by their MoU and the Manifesto would therefore be a great disservice to the Gambia.

 
Let citizens now also take ownership of the MoU and Manifesto so that we use them as tools to monitor, engage, support and critique the Barrow Administration and the Coalition and its parties for the good of the Gambia.

God Bless The Gambia!

BAKARY GASSAMA, OTHERS WIN SJAG AWARD

Fatu Camara
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BAKARY GASSAMA, OTHERS WIN SJAG AWARD

 

By Lamin Drammeh

Gambian international referee Bakary Papa Gassama is among several other high profile sports personalities decorated with awards by Sports Journalists Association of The Gambia (SJAG) over the weekend.

The 37 year-old referee, Gassama unquestionably the highest peofile sportsman in the country in terms of individual performance and achievement was handpicked for the sports personality of the year award by the SJAG.

Another Gambian referee Mawdo Jallow, a close friend to Gassama, has retained the local male referee of the year award after winning it in 2016.

This is not the first time Gassama got considered for the award by The Sports Journalists Association of The Gambia (SJAG), having received special SJAG award in 2012.

The award is meant to honor the achievements of past and present sports men and women for their outstanding contribution to the development/promotion of sports in the Gambia over the past 12 months.

Below we produce the list of other awardees from different categories:

Best local athlete: Adama Jammeh, Best foreign athlete: Omar Colley: Female volleyball team goes to GAF, Best local coach went to Alagie Sarr, Best local male referee goes to Mawdo Jallow, Best local female referee was awarded to Jainaba Manneh, Gina Bass, was named best local female athlete, Emerging talent award was given to Gambia national beach volleyball team, while Demba Jarju of Para Olympic and Bakary Gassama received sports personality of the year and special awards respectively.

Gassama nicknamed ‘Papa’ has been the most outstanding referee in Africa over the last couple of years. He has won three (TRIPPLE) consecutive awards by the confederation of African football (CAF), in 2014, 2015 & 2016.

He was also designated “person of the year award in 2015”, by the Gambia News & Report in recognition of his outstanding performance during the 2014 Fifa world cup finals in Brazil, the highest football tournament any referee can reach.

The iconic referee Gassama first contested for the Caf African referee of the year award in 2013.

He made history when he became one of the three African referees selected by Fifa to officiate in the 2014 world cup in Brazil. He was in charge of the third game of group D fixtures of the 2014 World cup match between Netherlands and Chile.

Papa who became Fifa referee in 2007, officiated at 2012 London Olympic games.

He was in charge of the 2015 Caf African Nations Cup final between Ivory Coast and Ghana.
Ivory Coast won the tournament in a dramatic 9-8 penalty shootout following a bitterly fough goal less draw at the end of extra time.

The industrious referee Papa became the first Gambian referee to compete for the caf Africa’s top refereeing award. He’s by far the best referee in the continent and undoubtedly one of the best in the world.

Measuring President Barrow’s first 100 days

Fatu Camara
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0
Measuring President Barrow’s first 100 days

Today marks one 100 days since the coalition government took over the reign of power in Banjul. In assessing the significance of that, we take a critical look at what this means for the country & for the lives of ordinary Gambians who had put their vote and trust in President Barrow. Interestingly, the President’s scorecard is a somewhat mix-bag of successes, some failures, and some yet-to-be fulfilled promises chimed on the campaign trail.

In the coming weeks and months, the executive must reaffirm its commitment to working towards radical structural transformation of the country through socio-economic and political framework. And one wonders why the government allowed itself to some ridicule for not coming up with a clear development plan in steering the affairs of state. Please, quickly design a five (5) year policy document or blueprint as reference: in the short term, however, the government needs to come up with a budget of its own for the current financial year.

Let’s start with National Security — This here takes precedence as the bedrock through which other layers of the development spectrum follows. The army, as it was must be disbanded to start a recruitment drive afresh. Evidently, the Gambia does not require a large military force, what it needs though is an effective but responsible force serving national interest. The new-look Ministry of Defense taking shape deserves some credit but hard choices lay ahead. For far too long, there existed a fragile and unsafe border to the Cassamance region. And recent disturbances in Foni should alert the security services to take a more stringent look at Kanilai connections. For decades, clandestine activities and banditry by ‘Jola’ rebels strolling freely across border lines had been the norm. Responsibility too falls on the Senegalese security apparatus to regulate their side of the border and to liaise and conduct joint military patrols and exercises with their Gambian counterparts.

 
I understand the police force is going thru reform. But that is not far enough, it needs a radical shake up and proper training in law and order duties as custodians of internal security. Reflecting on those visual deterrence tactics used by the Met Police in London, the interior ministry should engage the commonwealth for technical experience training and logistical support in all layers of the security sector. Still, petty highway corruption is an issue within the force which minister Fatty must address.

As for the economy it has to be simultaneously priorised for rapid sustainable growth. Fair play to the president for the manner his govt has approached economic revival as seen with the return of investors flocking in seeking commercial ties. But prices are still extremely high with no clear cut economic strategy or clarity. 100 days in, the president ought to be made aware this is unacceptable. There is a great debate on high streets as to who should import rice into the country. For the record, rice importation is the single most profitable business in Gambia and therefore its license should be accorded to a Gambian or Gambian entities. A national security element is attached here, as the case with fake plastic rice in Nigeria shows.

Parliament is advised to periodic summon major business leaders for grilling on prices, and their tax obligations to the state. Over the years tax dodging & Capital flight has affected the country’s development, and Africa as a whole. And with the announcement of reduced imports duties, cautionary tale is advised – the Gambia must not allow it’s economy wide open to be a dumping ground for China, India, or Europe for that matter. Our domestic industry must be protected. The ‘West’ operates an incentivise Agricultural Policy as protection for their big farm industry. Yet the Gambia, and Africa are being told to liberalise and open their markets. That was a dumb move by the administration. The 21st century is a time for smart leadership and that decisions matter. I call on the government to be mindful of this gap and protect our local farmers and produce, and not to overflow local markets with cheap foreign imports. With so many fake products out there, so are the health risks; but I have every confidence that the agriculture minister, O.J, will pursue the National Interest and that commonsense will prevail.

On the Judiciary, one must commend the ‘Justice Ministry’ under Baa Tambedou for excellence & speed with which he serves in restoring confidence within the system. It is pleasing to see that the president adheres to recommendations by the judicial service commission. Coupled with chief Justice, Hassan Jallow’s expertise & acumen dust – credibility has been restored. However, the reemployment of the three scandalous Nigerian judges was a dumb move, and I urge the President to listen to the concerns put forth by the ‘Bar Association’ and recind accordingly. There also needs to be the setup of a permanent anti-corruption commission in line with UN (R2P 2005) guidelines.

Foreign affairs – Turning to the president’s role in restoring the country’s relationship with the world, i give him a high score on this. The Gambia’s foray into international waters starts with Senegal, and therefore, prioritising cordial bilateral ties with the sister-republic was a smart move. In terms of Britain and the EU, I thought the President has excellently navigated the politics of it all. On a recent Paris trip, however, he was quoted as saying ”France is Gambia’s closest ally in Europe” which had officials within the Foreign and Commonwealth office in London looking rather bemused. But that is ok, because, far too long Britain has taken Gambia for granted; and that should see London engage Banjul seriously! The government has fulfilled another campaign promise in returning the country to ICC and Commonwealth memberships respectively. At a time of great uncertainty, that has advanced the country’s credibility in international circles. In the last three months, we have also seen the country take its rightful place amongst ECOWAS, the AU, and UN systems respectively as a responsible sovereign nation observing international law and norms.

I am, however, troubled by the President’s visit to Congo Brazaville, which serves no national interest at this stage. I’m further worried by the lack of clarity in addressing ‘Jammeh appointed envoys’ abroad for trained diplomats. The Banjul/Beijing ties has got to be strengthened and advanced. China is the preeminent global power of this century and relations are vital for the country’s development aspirations. I also welcome the resumption of cordial ties with Qatar; in the same vein urging the president to put a phone call to the Palestinian leader, Mahmoud Abbas, and Beirut, in Lebanon, extending greetings and friendship from the Gambian people. All in all, the country’s reputation is being restored on a credible democratic path.

Back on domestic waters – There was so much hoopla and talk prior to the ‘National Assembly’ elections given PDOIS’s stance. The Gambian people ought to realise that Parliament is a co-equal branch of government to that of the executive. As such the election of such eloquent luminaries as honourable Halifa Sallah, has not only strengthened that institution, but our democracy too. Folks, the smiling coast is back. And although the government needs time to translate their policy ideas into practical realities, we cannot hide from the fact that there is widespread poverty and unemployment up and down the country. Given the record so far, an overall “B” rating is a fair reflection of the first 100 days.

Gibril Saine, LONDON

 

On Workers’ Day, ECOWAS Youth Council urges govt’s to review wages

Fatu Camara
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0
On Workers’ Day, ECOWAS Youth Council urges govt’s to review wages

As the world celebrates International Workers Day also called Labour Day in some countries, the West Africa’s sub-regional bloc youth body, ECOWAS Youth Council has use the day to call on government to review upwards the minimum wage of workers

The Council also call on governments to create enabling environment that would promote youth involvement in the private sector and consequently create employment and rapid economic growth.

A statement issued and signed by Ambassador Seun O Williams, President of the ECOWAS Youth Council said the world today is ICT driven and only the youths hold the key to unlocking the golden treasures.

Below is the full text of the statement;

The International Workers Day celebration is a day set out to celebrate the working class. It is also called Labour Day in some climes.

It is commemorated every year on May Day (May 1st), although, some countries celebrate on a different date which is significant to them, for example the United States who chose the first Monday of September. The tradition began in the late 19th Century and was strengthened by the rise of trade unions.

The date was chosen to commemorate the Haymarket affair – the bombing which happened at a labour demonstration in Chicago, on May 4 1886.Workers were striking for an eight-hour day, and began their demonstrations on May 1.The bomb killed seven police officers and at least four workers, while dozens of others were wounded in the blast. The day is promoted by the labour, socialist and communist movements – as well as trade unions.

As youths, this celebration is significant to us owing to our contribution to productivity in public, private and informal sectors of the economy. Youths are the most active and vital force in any society, hence their indispensability.

According to Eurostat publication “being young in Europe today”, youth employment is a key aspect of Europe’s prosperity since young people represent an important source of skills, creativity and dynamism.

In recent times, we have seen a decline in youth labor force due to several factors ranging from education (in developed societies) to unemployment (in developing and disadvantaged societies).

Workers day celebration in addition to its remembrance is also a period for critical thinking, sincere reflection, strategic planning and trouble shooting.

 We seize this opportunity to call on government to review upwards the minimum wage of workers and to create enabling environment that would promote youth involvement in the private sector and consequently create employment and rapid economic growth. The world today is ICT driven and only the youths hold the key to unlocking the golden treasures.

While celebrating your resilience, ingenuity, sacrifice and commitment, we also acknowledge your numerous legitimate struggles for better welfare, decent working ambience and other sundry issues.

We reaffirm our support for workers and wish you a peaceful and fruitful celebration.

Long Live ECOWAS Youths

Long Live ECOWAS

 

Ambassador Seun O. William

President, ECOWAS Youth Council

Measuring President Barrow’s first 100 days

Fatu Camara
-
0
Measuring President Barrow’s first 100 days

Written by Gibril Saine, LONDON

Today marks one 100 days since the coalition government took over the reign of power in Banjul. In assessing the significance of that, we take a critical look at what this means for the country & for the lives of ordinary Gambians who had put their vote and trust in President Barrow. Interestingly, the President’s scorecard is a somewhat mix-bag of successes, some failures, and some yet-to-be fulfilled promises chimed on the campaign trail.

In the coming weeks and months, the executive must reaffirm its commitment to working towards radical structural transformation of the country through socio-economic and political framework. And one wonders why the government allowed itself to some ridicule for not coming up with a clear development plan in steering the affairs of state. Please, quickly design a five (5) year policy document or blueprint as reference: in the short term, however, the government needs to come up with a budget of its own for the current financial year.

Let’s start with National Security — This here takes precedence as the bedrock through which other layers of the development spectrum follows. The army, as it was must be disbanded to start a recruitment drive afresh. Evidently, the Gambia does not require a large military force, what it needs though is an effective but responsible force serving national interest. The new-look Ministry of Defense taking shape deserves some credit but hard choices lay ahead. For far too long, there existed a fragile and unsafe border to the Cassamance region. And recent disturbances in Foni should alert the security services to take a more stringent look at Kanilai connections. For decades, clandestine activities and banditry by ‘Jola’ rebels strolling freely across border lines had been the norm. Responsibility too falls on the Senegalese security apparatus to regulate their side of the border and to liaise and conduct joint military patrols and exercises with their Gambian counterparts.

I understand the police force is going thru reform. But that is not far enough, it needs a radical shake up and proper training in law and order duties as custodians of internal security. Reflecting on those visual deterrence tactics used by the Met Police in London, the interior ministry should engage the commonwealth for technical experience training and logistical support in all layers of the security sector. Still, petty highway corruption is an issue within the force which minister Fatty must address.

As for the economy it has to be simultaneously prioritized for rapid sustainable growth. Fair play to the president for the manner his govt has approached economic revival as seen with the return of investors flocking in seeking commercial ties. But prices are still extremely high with no clear cut economic strategy or clarity. 100 days in, the president ought to be made aware this is unacceptable. There is a great debate on high streets as to who should import rice into the country. For the record, rice importation is the single most profitable business in Gambia and therefore its license should be accorded to a Gambian or Gambian entities. A national security element is attached here, as the case with fake plastic rice in Nigeria shows.

Parliament is advised to periodic summon major business leaders for grilling on prices, and their tax obligations to the state. Over the years tax dodging & Capital flight has affected the country’s development, and Africa as a whole. And with the announcement of reduced imports duties, cautionary tale is advised – the Gambia must not allow it’s economy wide open to be a dumping ground for China, India, or Europe for that matter. Our domestic industry must be protected. The ‘West’ operates an incentivize Agricultural Policy as protection for their big farm industry. Yet the Gambia, and Africa are being told to liberalize and open their markets. That was a dumb move by the administration. The 21st century is a time for smart leadership and that decisions matter. I call on the government to be mindful of this gap and protect our local farmers and produce, and not to overflow local markets with cheap foreign imports. With so many fake products out there, so are the health risks; but I have every confidence that the agriculture minister, O.J, will pursue the National Interest and that commonsense will prevail.

On the Judiciary, one must commend the ‘Justice Ministry’ under Baa Tambedou for excellence & speed with which he serves in restoring confidence within the system. It is pleasing to see that the president adheres to recommendations by the judicial service commission. Coupled with chief Justice, Hassan Jallow’s expertise & acumen dust – credibility has been restored. However, the reemployment of the three scandalous Nigerian judges was a dumb move, and I urge the President to listen to the concerns put forth by the ‘Bar Association’ and rescind accordingly. There also needs to be the setup of a permanent anti-corruption commission in line with UN (R2P 2005) guidelines.

Foreign affairs – Turning to the president’s role in restoring the country’s relationship with the world, i give him a high score on this. The Gambia’s foray into international waters starts with Senegal, and therefore, prioritising cordial bilateral ties with the sister-republic was a smart move. In terms of Britain and the EU, I thought the President has excellently navigated the politics of it all. On a recent Paris trip, however, he was quoted as saying ”France is Gambia’s closest ally in Europe” which had officials within the Foreign and Commonwealth office in London looking rather bemused. But that is ok, because, far too long Britain has taken Gambia for granted; and that should see London engage Banjul seriously! The government has fulfilled another campaign promise in returning the country to ICC and Commonwealth memberships respectively. At a time of great uncertainty, that has advanced the country’s credibility in international circles. In the last three months, we have also seen the country take its rightful place amongst ECOWAS, the AU, and UN systems respectively as a responsible sovereign nation observing international law and norms.

I am, however, troubled by the President’s visit to Congo Brazzaville, which serves no national interest at this stage. I’m further worried by the lack of clarity in addressing ‘Jammeh appointed envoys’ abroad for trained diplomats. The Banjul/Beijing ties have got to be strengthened and advanced. China is the preeminent global power of this century and relations are vital for the country’s development aspirations. I also welcome the resumption of cordial ties with Qatar; in the same vein urging the president to put a phone call to the Palestinian leader, Mahmoud Abbas, and Beirut, in Lebanon, extending greetings and friendship from the Gambian people. All in all, the country’s reputation is being restored on a credible democratic path.

Back on domestic waters – There was so much hoopla and talk prior to the ‘National Assembly’ elections given PDOIS’s stance. The Gambian people ought to realise that Parliament is a co-equal branch of government to that of the executive. As such the election of such eloquent luminaries as Hon. Halifa Sallah, has not only strengthened that institution, but our democracy too. Folks, the smiling coast is back. And although the government needs time to translate their policy ideas into practical realities, we cannot hide from the fact that there is widespread poverty and unemployment up and down the country. Given the record so far, an overall “B” rating is a fair reflection of the first 100 days.

OMAR COLLEY IS FOREIGN ATHLETE OF THE YEAR

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OMAR COLLEY IS FOREIGN ATHLETE OF THE YEAR

 

By Lamin Drammeh

 
Racing Gent defender Omar Colley is the winner of the 2017 Gambia Sport
Journalists Association’s (SJAG) foreign athlete of the year award.

The 25-year-old defender received the honor after winning a competition from fellow international footballers, Hamza Barry and Modou Barrow at a ceremony held at Djembeh Hotel in Kololi Friday night. This is the 8th edition of the SJAG award meant to honor sports personalities for their outstanding contribution to the promotion of sports in the country over the past 12 months.

Colley was not present at the award night but his sister was in attendance to receive the honor on his behalf.

Colley has been a focal point of Djurgarden and KRC Genk defense over the last 12 months.

He moved to Genk from Djurgarden last season, two years after signing his first professional contract with Finish club Kups from local club Wallidan.

His performance for Racing Genk in the Europa League brought him to the attention of a number of premier League, serie A and Bundesliga clubs all keen to lure the talented defender away from Genk.

Colley nicknamed OJ, was a key member of the Gambian team that won the 2009 Caf african U-17 tournament in Algeria. He also travelled with the Gambia U-20 national team to CAF youth championship in South Africa in 2011.

He is currently the captain of the Gambia senior national team, nicknamed the Scorpions.
He made his Scorpions debut in 2012 and has since gone on to making several senior team appearances to his name.

He succeeded Fc Sion left back Pa Modou Jagne who won the award last year.

GERMANY-BASED GAMBIAN COACH BAGS FIFA COACHING LICENSE

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GERMANY-BASED GAMBIAN COACH BAGS FIFA COACHING LICENSE

 

By Lamin Drammeh

Germany-based Gambian coach Alieu Njie has obtained Fifa’s ‘B’ coaching license from Oberhachingen training school in Munchen, Germany.

Njie, a native of Kiang Jiffarong in the Lower River Region, who also fearured for LRR/Kiang West regional football teams received the license by the governing body of world football (Fifa), at the end of an intensive coaching program for young coaches across the globe, last July.

The ambitious coach Njie, himself a former midfielder who had brief spell in Gambia’s second tier league team Latdior in 2001/02 season, wasted no time in jumping into the opportunity provided by Fifa through his Germany youth team TSV to undergo a Fifa training course.

He did a vigorous 3 months practical coaching course for TSV U-19 under the head coach Ilija, in preparation for his Fifa ‘B’ license course in 2014. Ilija was in charge of Fc Heidenheim U-17 team, a feeder team to Heidenheim in the second tier of Germany league at the time.

Alieu can now boost of taking a major step towards becoming a fully accredited Fifa coach. He has since set his sight firmly on achieving greater success in his young coaching career that took him to Vfb Ulm as a contributor to the Germany youth team.


Njie who left Gambia for Germany in 2003, is the head coach of Tsv-Neu Ulm where he won domestic winners cup title with a record number of 54 goals and secured 21 points. His defense conceded only 4 goals in the run up to the 2016 youth cup title, his second youth cup trophy in two succession seasons.

He was also in charge of Tsv team that won the Euro-Sporting youth championship held in France from April 14-16, 2017, his first major international title since joining the club in 2013.

A first half brace from talented young striker Leonard Dinaj was all Alieu and his team needed to clinch the French youth cup title at the expense of Swiss side Fc Rot Kreuz Luzerne whom they defeated 2-0 in an entertaining final played in France.

His coaching potential was soon discovered following the Euro- championship triumph leading to reports that he could be set for lucrative coaching contract in Germany and elsewhere.

Njie who started his coaching career in 2013, made the headline in the German sports Newspaper magazine following his appointment as the head coach of Tsv, U-13 youth team on a two-year deal.

 

However, he is optimistic that his lads could produce yet another league cup success as they remain on course to grab the prestigious league title this season. Tsv sits second place on the league table after 4 wins in 5 games. They lost just 1 in the ongoing league season with the second round fixtures to come later.

“I’m hopeful that we will retain the league this season after we won last year with 21 points and 54 goals in the build up to the title,” Njie told The Fatu Network in an interview.

He also took time to heap praises on Herbert Bracknis, a veteran German coach with a wealth of coaching experience at the highest level.
He said, “Herbert is a prominent personality in German football and has coached some of the most recognizable footballers in the Bundasliga.
“He is the main man behind me and my team as he guides me towards gaining my coaching experience in his capacity as Tsv’s assistant team coordinator,” Alieu said about the man he credited for his recent success at the club.

Alieu hopes to build on that strength as he remain ambitious of developing his young footballers into becoming household names in world football with ultimate desire of achieving greater coaching success on a personal level.

Alieu started his coaching career as an assistant coach of Tsv, under Ismail Tasqin who is currently serving his son Ebrima Leon as a trainer.

Alieu had previous spells with Sportbund Ulm, Biberach and Sv Senden, between 2004-2009, as a midfielder. But his hopes for making a mark in professional football was hampered by constant groin injuries.
He eventually opted out of soccer in favor of a coaching career when he suffered a major setback while playing in a pre-season tournament in Turkey, an injury that require groin surgery on his right foot in 2009, marking the end of his career.

Alieu’s coaching career saw his move to Vfb Ulm youth team where he was tasked with the role of football trainer in assistance to former Vfb Ulm head coach Cihat during a 3 month spell at the club.

Vfb had his son Ebrima Leon in their rank at the time.

The Fifa ‘B’ license coaching qualification consists of 80 learning modules with focus on acquiring knowledge and conducting the technical and tactical learning processes as well as supporting junior footballers both on and off the pitch.
It is also regarded as a key requirement for conducting training programs/activities in German professional football.

Gambia: Progress in first 100 days of Barrow government requires major reform to break with brutal past

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Gambia: Progress in first 100 days of Barrow government requires major reform to break with brutal past

 

 

Amnesty International, Press Statement

 

• 100 days into President Barrow’s rule, Amnesty International presents a human rights agenda for the country

• Commitment to International Criminal Court and release of political prisoners welcomed as major progress

• Amnesty calls for repeal of repressive laws, reform of security forces, accountability for past human rights violations and abuses and abolition of the death penalty

The Gambian authorities can make a decisive break from the country’s brutal past by repealing repressive laws, reforming the security services and ensuring accountability for past serious violations of human rights, Amnesty International said today as Gambian President Adama Barrow marks 100 days in office.

Recognizing the major progress made since President Barrow’s inauguration on 19 January, including the release of dozens of political prisoners and retraction of Gambia’s withdrawal from the Rome Statute of the International Criminal Court, Amnesty International has published a series of recommendations covering 10 areas of reform.

The document, ‘Human rights priorities for the new Gambian government’ was produced in consultation with Gambian civil society organizations and handed over to President Barrow during a meeting on 31 March with Amnesty International delegates in the capital Banjul. During the meeting President Barrow promised that there would be “zero tolerance” for human rights violations under his government.
“President Barrow’s first 100 days have included some momentous steps forward for human rights in Gambia, but there remains a huge amount to do in order to make a decisive break with the country’s brutal past,” said Alioune Tine, Amnesty International’s West and Central Africa Regional Director.

“Draconian laws, unaccountable security forces and a weak justice system provided the machinery of repression during Yahya Jammeh’s rule, and the work to reform them begins now. Gambia should also seize the opportunity of becoming the 20th country in Africa to abolish the death penalty.”

Amnesty International is also calling on the international community and regional organizations, including donor countries as well as bodies such as the Economic Community of West African States (ECOWAS) and the African Commission on Human and Peoples’ Rights, to support Gambia in this long term process of reform through financial support and technical assistance.

Arbitrary arrest and torture

Amnesty International urges President Barrow to ensure that the security services are reformed – including disbanding paramilitary groups implicated in previous human rights violations such as the “Jungulers” – and that torture is established as an offence under Gambian law. Under the previous regime, the United Nations described the practice of torture as “prevalent and routine” and suspected perpetrators were never held to account.

The organization also calls for investigations into allegations of torture, the closure of unofficial detention centres, and access to all detention sites by independent national and international human rights monitors.

“Under Yahya Jammeh, so many people were detained unlawfully and tortured. President Barrow’s government must send a clear signal that the era of illegal detentions, torture and a prison system built to instill fear in the population is over,” said Alioune Tine.

Freedom of expression and assembly

Amnesty International is calling for the repeal of a range of draconian laws that have been used to curb the right to freedom of expression in Gambia. They include laws banning criticism of officials and laws prohibiting the “publication of false news”. Journalists, such as Alhagie Ceesay and Alagie Jobe, were targeted under these laws and hundreds of journalists fled into exile during the Jammeh regime.

The right to peaceful protest should also be enshrined in law, with security forces instructed to avoid the use of force to disperse peaceful gatherings, and offences, such as holding a procession without a permit under the Public Order Act, repealed. Under the previous regime, opposition assemblies were regularly prohibited or dispersed. In April and May 2016, dozens of opposition protestors were arrested after a peaceful demonstration, and in April 2000 thirteen students and a journalist were killed when security forces opened fire on students peacefully protesting.

“In his first 100 days President Adama Barrow has already ordered the release of many people imprisoned simply for expressing their opinion. Now his government should ensure that Gambians will always be able to express their opinion or criticism of government without fear of recrimination,” said Alioune Tine.
Amnesty International welcomes the establishment of a Truth and Reconciliation Commission to address Gambia’s history of extensive human rights violations and abuses, and calls on the authorities to ensure that it is accompanied by a clear prosecution strategy to ensure accountability for serious violations of human rights such as torture and enforced disappearances, including those that Amnesty International documented during Yahya Jammeh’s regime.

Steps also need to be taken to strengthen the justice system to ensure that international fair trial standards are respected, while the National Human Rights Commission should be made operational as quickly as possible so it can support efforts to ensure accountability and strengthen human rights protections.

“Gambians who have been victims of repression over the last 22 years are seeking justice, and it is essential that there is accountability for the human rights crimes of the past. But any investigations and prosecutions must be done in a way that ensures fair trials for those suspected to be involved, and provides a positive example of how justice can be done in this new era”, said Alioune Tine.

“Kang-Killing” Erupts Gambia’s Political Volcano!

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“Kang-Killing” Erupts Gambia’s Political Volcano!

 

By Alagi Yorro Jallow

 
In the Gambia, it used to be fashionable for politicians to campaign on the concept of a “divided nation.” Then, a leader appeared on the scene and suddenly, we are “Kang-killing”, which translates to a unity coalition, something the country had been lacking.

 
This alliance of political alliance resulted in the election of President Adama Barrow, a surprising and welcome fresh start for this small West African nation bordering Senegal. The coalition gave voice to a rising chorus of rage that ended the brutal rule of Yahya Jammeh.

 
The people overcame the forces of dictatorship and ushered in a new era of democracy. But, there is much more work to be done.

 
The victorious election is just the start. Others include the supremacy of Gambia’s constitution. This is the blueprint where all our rights and responsibilities are enshrined. We all have an obligation to that Constitution, more than any president, to defend and embody its ideals in the face of a new leader who has no record of governance

 
The overall well-being of citizens requires good governance and that implies accountability, transparency, participation, openness and the rule of law. These are the prerequisite for political legitimacy. These are the political changes that we had long yearned for.

 
Had Yahya Jammeh won, many of Gambians would have moved on as if all was right with the world, but the world is very wrong, and the impact of that wrongness is on display for all to see.
After twenty- two years of dictatorship, Gambians should remember that out of suffering, healing is possible. Out of darkness, light shines brighter, and without sounding too much about it, Gambian people cannot have one without the other. Gambians can reconcile and rebuild our great country with this ethos.
This is an opportunity to dig deeper into our imaginations and collective intelligence for solutions, to make great art, to forge stronger human connections, to plant deeper community roots, to try to listen to each other and reconcile our differences.

 
We need a new story that starts with who and where we are now and defines where we want to go. A story that includes the farmers, the religious leaders, the journalists, the engineers and civil society at large and members of the public A story that redefines what success means for a nation founded imperfectly on near-perfect ideals. A story that encourages us to see sacrifice for each other as gain for us all.

 
President Barrow will do some good, perhaps even great things in office. But we cannot forget the abhorrent system inherited in that office, and we have obligation to make his job easier when that job involves representing the values that have the potential to make us great.

 
If we need any guidance on that, let’s look at the actions of Obama during his presidency. He gave Americans an affordable health care system which seven of his predecessors failed to achieve. Despite the bottlenecks by his political foes, he was triumphant. He achieved a great feat and gave the Americans what they had longed for.

 
In a similar vein, we are asking for President Barrow to give us what none of his predecessors have ever given us – empathy. We want empathy to heal the injuries and traumas of Jammeh’s twenty-two years of tyranny.

 
After Jammeh, we know we have a steep and icy road ahead of us. There is palpable fear in the air. We have distrust, tribalism and political hypocrisy. We need to find a way to raise our voices and listen to one another with open minds. We need to win hearts and minds. Healing, unity, hope are our bywords as we forge ahead with empathy.

 
The definition of empathy is the ability to understand others – to share their feelings. This is different from compassion, which is when one has pity or sorrow. Empathy is a case of commonality. Sympathy is one of separation. Empathy is the key to finding common ground, on working together in communities, caring for our neighbors and helping the marginalized, the powerless and the suffering amongst us.
It is practicing what many consider “the Golden Rule”. But for President Barrow, our collective empathy may be more like kryptonite.

 

It may turn out to be a form of resistance – for not succumbing to suspicion or even hate. Strong indications suggest our President is very slow in uniting our country. His actions demonstrate that he seeks success by tearing the coalition and other allies down and keeping us all apart.

 
The river may be long but it can be crossed provided President Barrow did not measure victory by creating opposition. Silence, on constant state of fear mongering and finger pointing, leaves our electorate on edge, shaken by the bad legacy of Jammeh. Thinking of Jammeh’s legacy deprives us of the worthy empathy for our fellow Gambians, regardless of how they voted. This is a fight for the soul of our nation.

 

The collective problem The Gambia is currently facing is all about empathy. There is an African proverb that says: “when you grab the head of a snake, the rest is mere rope”. And this “one-three headed snake” are corruption, tribalism and hypocrisy”. It’s a tall order to overcome this Achilles heels of our society.
Nevertheless, we should persist. And persist we must. By persist, I mean, we as Gambians must continue to go about our daily lives. We need to be responsible for ourselves, our families, and our broader communities as well as our country.

 
To advance in our development, the youth should stand against corruption with aggressiveness in defense of our future; and our mothers should address the issue of hypocrisy – to bring truth, peace, reconciliation and love, because they have empathy at that; and our fathers should campaign against tribalism and preach tolerance. This is how to progress if we want to kill this “3-headed snake”.

 
There are the way forward folks. No public relation campaign, no prayers, no inspirational talks without “killing the snake” can hold us together in the spirit of “Kangkilling” and unite us as one family that eats from the same plate.

 
Having said that, we must allow ourselves to feel the agony, the exhaustion and the despondency of this transition. To paraphrase a past president from another low point in our history, we need to do these things not because they are easy but because they are hard. Like that high road, it’s the difficulty that makes them worth taking

 
We study history for a reason. Those of who glamorize the great old days without acknowledging on whose backs that greatness was achieved do a disservice to the present and the future. And for those fighting for justice, there are several play books and source code repositories left behind by Yahya Jammeh.We need empathy to heal the legacy of dictatorship. History is not a circle, but more probably a spiral, in which we revisit similar but not exact coordinates from the past. We should revisit that past and prepare for the troubling times ahead.

Is the Appointment of Chief Justice Hassan Jallow Constitutional?

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Is the Appointment of Chief Justice Hassan Jallow Constitutional?

 

By Bubacarr Drammeh

 

In recent weeks, there appears a consensus amongst Gambians that the 1997 Constitution is the Supreme Law of the land to which all activities of the government must derive their authority or be consistent. As this intensive scrutiny of executive power is unprecedented; it is nonetheless, one of the great products of the New Gambia transforming our country before our eyes. Citizens now pay meticulous attention to the government’s adherence to proper procedures, due process of the law, official conduct, and do express their divergent views on them. Prior to President Barrow coming into office, the vast majority of citizens gave into his predecessor’s pathological disrespect for constitutional governance. Abuse of the laws was normalized as government officials and civil servants were hired and fired without regard to due process and procedure. Almost everything was done to satisfy one man — Yahya Jammeh — as if the country was operating under an absolute monarch.

With change of government and newfound freedoms, Gambians are determined to end tyrannical governments by being on constant vigilance for, advertent or inadvertent, deviations from the Constitution. As such, every conduct of President Barrow’s administration is viewed through the prism of the Supreme Law of The Gambia. Whereas many of President Barrow’s actions have been scrutinized for their consistency or lack thereof with the Constitution, one that received no attention, but confounded the constitutional crisis that preceded his assuming the helm of affairs of the state was the appointment of the Chief Justice of The Gambia. The appointment of Mr. Hassan Jallow as Chief Justice could, procedurally, be inconsistent with the Constitution and to that degree of inconsistency is unconstitutional.

Section 138 of The Constitution that provided for the appointment of the Chief Justice states that “The Chief Justice shall be appointed by the President after consultation with the Judicial Service Commission.”

The language of the section is concise and precise. The President consulting the Judicial Service Commission (JSC) is a condition precedent to the appointment of the Chief Justice. Thus, the President must consult the Judicial Service Commission before appointing a Chief Justice. Even though the President is required to consult the Judicial Service Commission, he is however not required to act in accordance with the advice of the Judicial Service Commission under Section 231(4) of the Constitution. The section provides thus:

Where under any provision of this Constitution any person or authority is authorised or required to exercise any function after consultation with any other person or authority, the person or authority first referred to shall not be required to act in accordance with the advice of that person or authority.

Thus the only obligation placed on the President is the obligation to consult the Commission. Failure to consult as stipulated is a violation of a Constitutional provision as any action that stems from such a violation is a nullity. If the President consulted the Commission but refused to accept their recommendation, such action is in line with the Constitution of the Gambia.

 

The natural question that follows is, was the Judicial Service Commission properly constituted prior to appointment of Chief Justice Jallow? If YES, was the Judicial Service Commission consulted? The answer to the former question can be found in the Constitution. Section 145 (1) provided for the proper establishment of the Judicial Service Commission thus:

There shall be a Judicial Service Commission which shall consist of –

(a)  the Chief Justice, who shall be Chairman; 


(b)  a judge of a superior court; 


(c)  the solicitor General; 


(d)  a legal practitioner of at least five 
years standing at The Gambia Bar, nominated by the Attorney General in consultation with The Gambia Bar Association; 


(e)  one person appointed by the President; and 


(f)  one person nominated by the National Assembly. 


Section 145 (2) The members of the Commission (other than the members referred to in paragraphs (a) and (f) of subsection (1) shall be appointed by the President in consultation with the Chief Justice and subject to confirmation by the National Assembly

There was no newly constituted Judicial Service Commission after the fall of Ex-President Yahya Jammeh’s government. The Judicial Service Commission composed by the previous regime was believed to still be in place. The Gambia Bar Association has questioned the composition of the Commission. However, it was not until recently that the Bar Association filed a formal complaint. The Bar Association contended that the Commission was improperly composed and therefore an unconstitutional body. On March 31st 2017, The Gambia Bar Association released a document captioned WHY THE GAMBIA BAR ASSOCIATION CHOSE TO BOYCOTT CERTAIN COURTS? The document stated in Page 3 thus:

The composition of the JSC from 2009 to date has not been in line with the Constitution. Former President Jammeh had handpicked one lawyer to sit on the Judicial Service Commission thereby depriving the GBA oversight of its activities.”

Currently there is a pending lawsuit against the Judicial Service Commission and the Attorney General in the High Court of The Gambia initiated by the Gambia Bar Association.

 

The Court in its erudite ruling —delivered on the 27th April 2017— on the preliminary objection raised by Counsel for the Respondents—Judicial Service Commission and Attorney General— on Page 6 held thus:

“ I am of the ardent view that the Applicant, being [an] Association of Legal Practitioners whose aims and objectives include defending and upholding freedom, justice and the rule of law in The Gambia and also maintaining and defending the independence of the judiciary [is] not mere [busybody] with misguided or trivial complaints of administrative error. I am also of the considered view that on the material available, and without going in depth prima facie, the Applicant [has] made out an arguable case for the granting of leave for judicial review.”

 

The Gambia Bar Association is competent to challenge the validity or otherwise of the composition of the commission. One of its objectives is to ensure that the government observes due process provided for by our laws. Holding the government accountable to those standards, the citizens expect the highest standards. The Association has been called a toothless bulldog by Gambians within and outside the country in the past. In this era of freedom and democracy, the Association has been vigilant and has shown no sign of being lethargic. If the Bar Association prevailed that the Judicial Service Commission constituted by Ex-President Jammeh was not properly constituted, then it is my humble opinion that the appointment of Chief Justice Jallow on advice given by such a Judicial Service Commission is unconstitutional. As it follows, that commission lacks the legitimacy to carry out functions stipulated in the constitution. One cannot put something on nothing an expect it to stand. A wrongly constituted Judicial Service Commission is unconstitutional, thus lacks the legitimacy to carry out the functions mandated by the constitution.

 

On the other hand, if President Barrow has not consulted the Judicial Service Commission prior to the appointment of Chief Justice Jallow, then he has failed to observe the procedure stipulated in Section 135 of the Constitution. This in my humble opinion renders the appointment of Justice Jallow as Chief Justice a nullity. It is trite law that when there is a procedure for conducting an act specified in the statute, a departure from that procedure renders that action a nullity. It is my view that the ongoing suit in the High Court of The Gambia by the Gambia Bar Association with the Judicial Service Commission as 1st Respondent and the Attorney General as 2nd Respondent will ultimately determine the constitutionality and unconstitutionality of the appointment of the Chief Justice. The Commission summoned by the Former Chief Justice Fagbenle to re-new the appointments of the judges whose appointments the Bar has challenged, is the same commission that was in place prior to the appointment of Justice Hassan Jallow as Chief Justice of The Gambia by President Barrow.

 

It is my humble view that the Bar Association should also challenge the constitutionality of the appointment of Chief Justice Hassan Jallow since the Commission —the Bar Association alleged was not properly composed from 2009 till date— presided over the renewal of or renewed the contract of High Court Judges —which they have no power to do—, was the same commission in place when Chief Justice Hassan Jallow was appointed. The ‘integrity,’ ‘honour,’ and ‘independence’ of the Association as the bulwark “to defend and uphold freedom, justice and the rule of law in The Gambia;” “to maintain and defend the honour, independence and integrity of the legal profession;” and “to maintain and defend the independence of the judiciary” are at stake. Less the Gambia Bar Association wants to be eternally condemned as the political hack against President Yahya Jammeh or are being xenophobic to aliens, it must challenged every appointment to our courts that was made while the alleged improperly composed Commission was functioning.

 

Note: Section148 provides that the Judicial Service Commission may by rules or otherwise regulate its own procedure and that it may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of a member. Provided that any decision of the Commission shall require the concurrence of a majority. My research revealed that the Commission is yet to come up with such rules

 

 

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