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The Senegalese Political Tragedy

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By: Joomay Ndongo Faye

Manipulation of the people to further one’s political cause?

The history of the political development of human societies teaches us that tragedies have often occurred when two of the most prominent political leaders in a social entity put their personal interests above those of their people in their battle for preservation and/or conquest of power. These protagonists begin by identifying the sources of great fear, uncertainty and concern among their people and decide to use them as a rallying point for their camp. Each one poses as the one and only person capable of leading the people to the other shore where the causes that underlie these feelings will disappear thanks to the magician’s stick that only he is able to make good use of. If the institutions of this administrative space are strong enough, this tragedy can lead to their reinforcement, this was the case of the civil war of the United States from 1861 to 1865. Otherwise, it is possible to have an outcome like what is happening in Somalia today.

These two political leaders in Senegal today are President Macky Sall and the undisputed leader of the current Senegalese opposition Ousmane Sonko. These two people must look at themselves in the mirror and ask themselves the following question: would I like historians to attach my name to the decay of the Republic of Senegal?

A historical precedence?

President Macky Sall and those around him are driven by a strong intention to keep power. They use all the means at their disposal, and they are enormous, to prevent any credible candidacy of their opposition to the presidential election of Senegal. First, it was Karim Wade and Khalifa Sall and now it’s Ousmane Sonko. Regarding the first two people mentioned, it was on an accusation of embezzlement and personal use of state funds. I have no data to deny or confirm these accusations. What I do know, however, like any good Senegalese who follows national news religiously, is that there are several people who are not at all concerned by the Senegalese justice system under the Presidency of Macky Sall despite the damning reports on his Administration’s management of the property of the Senegalese State and despite signs of weaponization of the judiciary.

Demonisation of Sonko and PASTEF

In the case of Ousmane Sonko, he was first accused of being a Salafist. Some people who are basically unaware of what Salafism is or are motivated by bad intentions attach this nickname to him to make him seem like a radical Islamist who will put an end to the secularism of our republic and impose Sharia on the Senegalese people as soon as he will accede to the supreme magistracy of the country. For those who don’t know, Salafism was nothing more than a movement to return to the teachings of the Prophet Mohammad (PSL) and the first four Khalifs Abu Bakr (632-634), Omar (634- 644), Ôthman (644-656) and Ali (656-661). In a way, a call for a return to authenticity and a rejection of the divergent interpretations that divided Muslims.

Based on the results of the last legislative elections, it became clear to Macky Sall and his APR and BBY companions that this demonization of Ousmane Sonko and his party, PASTEF (African Patriots of Senegal for Work, Ethics and Fraternity), did not have the desired effect on the Senegalese people. The PASTEF electoral score, which has nothing to envy to those obtained by all the political oppositions that followed one another during the regimes of Senghor, Diouf and Wade, is remarkable. This excellent performance by Ousmane Sonko’s party has certainly sufficiently demonstrated that the latter can indeed defeat any candidate in 2024 put forth by the APR and BBY (Alliance Pour la République) and (Benno Bokk Yaakar).

Since the demonization did not produce the expected result, Macky Sall and his companions who are determined to stay in power had to ask themselves the following question: What can be done to break the momentum of PASTEF and especially Ousmane Sonko in their march which seems to be unshakable towards the conquest of power?

Politically-motivated trials or instrumentalization of the judiciary?

They first brought out the complaint of one of the leaders of Sall’s APR for defamation, accusing Sonko of a false claim that a state audit had revealed mismanagement of funds during the implementation of the Community Agricultural Development Program. Ousmane Sonko was then quickly sentenced to a six-month suspended prison sentence at the end of this trial. Some thought that was enough to put him out of harm’s way to the APR and BBY’s ambition to retain power. But the lack of clarity on the consequences of this verdict on the eligibility of Ousmane Sonko did not put Macky Sall and his companions at ease. Certainly, the law clearly says that this verdict prevents Ousmane Sonko from registering on the electoral lists of Senegal. But given that the latter is already registered and that the law says nothing about eligibility, wanting to ban Ousmane Sonko from running for office in 2024 on the basis of this verdict will not be justifiable and/or credible. Thus, the suspended prison sentence did not effectively preclude him from seeking the presidency according to the articles (L 29 and L 30) of the electoral code.

The pending legal case against Ousmane Sonko, his accusation of rape and death threat by Adji Sarr, then became the spare tire. To eliminate the danger that a possible candidacy of Ousmane Sonko represents for the preservation of power by Macky Sall and his companions, everything had to be done so that the verdict of this trial puts him aside. But the dismissal of the rape accusation at the trial by Sitor Ndour and the lack of merit of the evidence presented by Adji Sarr and her lawyers very quickly showed the Prosecutor that a guilty verdict against Ousmane Sonko will not be at all credible in the eyes of public opinion of the Senegalese and global community which are watching this trial like milk on the fire. Thus, knowing that he was going to lose, the prosecutor asked the judge that, if he could not be convicted for what he was accused of, he should be incriminated for the offence of “youth corruption”. Based on the testimonies during the trial, especially that of the young girl who was with Adji Sarr in the massage room and whom the latter had asked to leave to leave her alone with Ousmane Sonko, no self-respecting judge was going to take the offer of the Prosecutor.

Despite these inconsistencies in the presentation of the evidence to prove that Mr. Sonko deserves a conviction by the Senegalese justice, the Judge decided to follow the prosecutor for reasons that only God and himself know. One thing is certain, the lightness of the evidence presented to him and the seriousness of the situation that would be created by a guilty verdict capable of preventing Ousmane Sonko from being a candidate for the presidential election of Senegal in 2024, should have caused the judge to be cautious. Certainly, force must remain with the law. But this force will have to be based on judicial decisions that suffer from no shadow of an objective doubt.

A heavy-handed clampdown on civil disobedience

The other thing that I blame Macky Sall and his companions for is the excessive use of force in the form of selective imprisonments on dubious grounds and which a self-respecting judge would never have approved. The case of Bassirou Diomaye Faye is a typical example. In matters of justice, the procedure is as important as the evidence presented to convict a person. In the case of Diomaye Faye, the police at least violated the procedure. The time at which he was brought to the police station and the absence of an arrest warrant constitutes procedural defects that the judge before whom he was presented had no right to ignore. Outright relaxation should have been his decision the first time he was presented in front of the latter. Not only is Diomaye Faye rotting away in jail with no idea when his trial will be, but the charge on which he was arrested would lack weight before any self-respecting judge who has the smallest grain of desire to prove that what Diomaye Faye said before in his Facebook text was unfounded. To say that a minority of decision-makers within the Senegalese judiciary are corrupt is an undeniable truth. It is, moreover, an evil from which all the judiciaries of the world suffer, regardless of the state of progress of the political development of their countries. No magistrate who respects himself and accepts the rule of law as the lifeblood of the republic would dream of condemning Diomaye Faye on the grounds of insulting the judiciary for having expressed such an opinion which has been a world truth for centuries. PASTEF has, according to its leaders, more than 400 (four hundred) of its members in prison for reasons related to their political activities. Certainly, it is very likely that among the people included in this count of PASTEF members, there are individuals guilty of flagrante delicto of actions having caused material damage. It is, however, no exaggeration to say that the vast majority of these detainees are for what they said. Not seeing these people as political prisoners is certainly more than bizarre behaviour.

What about Ousmane Sonko and PASTEF?

Although my son, Bassirou Diomaye Faye is in the leadership of this party, I must say here that I am not a member of this party. In fact, although being an activist of the Senegalese left, I stopped being involved in a political party because I realized the real limits of their ability to get my country out of the neocolonial abyss.

PASTEF’s political program is certainly commendable, but it should be remembered that this is not new to Senegal. Many political parties were born in this country and had offered excellent programs to the Senegalese people. But for various reasons, they never reached the level of popularity of PASTEF. The two big reasons behind the rapid success of PASTEF are in my humble opinion:

  •  The level reached by the lack of hope to find work among a largely skilled and educated Senegalese youth, what economists call mismanagement of the demographic dividend by the Senegalese state.
  • The development of social media and the extraordinary ability of the members of the PASTEF communication unit to put them at the service of their cause, where the hype on social networks amplifies “the Sonko effect”.

Is PASTEF and its leadership plunging the country into chaos at all costs?

Our country, like the overwhelming majority of African countries, is sitting on a social time bomb: Mismanagement by their State, for structural reasons, of the Demographic Dividend or in other words the inability of the State/country to create optimal conditions for the absorption of the vast majority of well-educated and skilled young people who enter the labour market each year.

Opinion leaders, be they politicians, religious, or civil society in the country, will have to do everything to not be the cause of the production of the spark that can set off this bomb. Political leaders must absolutely refrain, in their efforts to conquer or retain power, from giving our youth, at the height of their frustration, any reason to express their anger against the government by resorting to violence. Rather than doing everything to prevent this bomb from exploding and setting the Senegalese society ablaze with all the harmful consequences that this can cause for the country and the Sahel region, Ousmane Sonko and his supporters seem to be taking advantage of the despair of Senegalese youth to accede to power as quickly as possible. The development of the culture of the “GATSA GATSA” attitude is a danger for Senegal. It is a tactic that can certainly be used to mobilize a youth disoriented by the perverse effects of the non-viability and vulnerability of the overwhelming majority of African states, but it is a way of digging the grave of the political current that uses it to gain power.

In a republic, only the state has the right to use violence. It goes without saying that many crooked politicians have abused the trust of their people and resorted to an ill-holy use of violence, but the only justifiable and sustainable reaction to such abuse that is meted out to the citizens of a democratic republic is the ballot, as long as that franchise option is made available – not a club, a machete, a Molotov cocktail or whatever.

The absence of a condemnation of the acts of vandalism and chaos that have arisen each time Ousmane Sonko has been treated in a way that his supporters perceive as an abuse of power is disturbing to me. Ousmane Sonko, who aspires to the supreme office of our country, should be the first to unreservedly condemn this expression of a total lack of civism. Any other attitude, silence or encouragement makes the leaders of PASTEF the chief gravediggers of any possibility of governing in peace when the Senegalese people entrust them with the heavy task of managing their state. What these thugs do not know is that it is themselves and their families who will pay through taxes and loans in the name of Senegal, the damage they are causing, especially the destruction of public properties and critical social assets directly benefitting the ordinary people, like the Sheikh Anta Diop University. A Pulaar proverb that was shared with me by a Pulaar teacher friend who lives here in upstate New York says that “So ñiiwa ene habaa e ñiwaako hudo booretee” (when two elephants fight it’s the grass that suffers regardless of the outcome of the battle, regardless of who is right or wrong”. It is the Senegalese baadolo who will pay the price for the violent confrontations between Macky Sall and Ousmane Sonko through the dozens of avoidable casualties but also through taxes, cuts in state social services and many other ways.

A warning and concluding recommendations

To conclude I would say this: It is long overdue for the Duo Macky Sall-Ousmane Sonko to come to their senses for the higher interest of the Senegalese nation but also for the Africans who use Senegal as an example to prove to their compatriots that the Democratic Republic is possible in Africa south of the Sahara. The sages of my Wolof cousins say that “alal du doy, doylu moy alal”. President Macky Sall and his companions must carefully weigh this Wolof saying and significantly reduce their intention to keep power to preserve their material interests. With regard to Ousmane Sonko and some of his “Yewi Askan Wi” coalition partners, it is important to take ownership of this lesson that world political history has taught us: you will lose power by the way in which you acquired it.

The tragedy always ends with the death of one of the two protagonists who are stuck in it. The socio-economic and material damage for Senegal will be incalculable if Macky Sall and Ousmane Sonko know the outcome of the vast majority of tragedies. It is time, Mr. President of the Republic, to remind you that by entrusting you alone with the right to exercise violence, the Senegalese people did not want you to use this right for your personal gain and/or those of your companions. Over to you Ousmane Sonko, I advise you to do everything to avoid jeopardizing the governability of Senegal by the elected people.

We are only at the beginning of this already very painful play for the families who have lost one of their own in the violent demonstrations linked to it. You two can avoid a more tragic end in Senegal by making the peace of the brave. President Sall, make it clear to your companions who fear losing the privileges that come with the maintenance of power by the APR/BBY that nothing is eternal, especially the advantages linked to accession to power in a democratic republic. Ousmane Sonko, tell the members of PASTEF and your coalition supporters that without a culture of respect for public goods and the rejection of any recourse to violence, whatever the injustices committed by those in power, no party or coalition that reaches the top of our country’s political pyramid will be able to benefit from the climate of social peace without which economic prosperity is impossible.

To my brothers and sisters who brandish the argument that Ousmane Sonko and the PASTEF will destroy our republic if they come to power, I would say this: you think in that manner because you either have a negative subjective attitude towards Ousmane Sonko and/or PASTEF or a limited knowledge of the history of democracy. First, you have no proof of the intentions that you attribute to Ousmane Sonko and his party. Second, even if Ousmane Sonko had these intentions, it is up to the Senegalese people to decide whether or not they trust him to occupy the highest office in their country. Any intention to snatch this decision from the Senegalese people, whatever the means used to do so, constitutes a danger to the peaceful political development of the Senegalese Republic and must therefore be vigorously condemned. Replacing the Senegalese people in the process of choosing the person to whom they will hand over the Presidency of the Republic in 2024 is neither less nor more than an administrative coup d’état and therefore a constitutional crime against our republic.

 

Diomaye Ndongo Faye

Consultant in Political Strategy Development

Princeton, New Jersey, United States

APEMETA has extensive knowledge in providing information and building useful bridges for international cooperation

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APEMETA has extensive knowledge of the entire sector, providing information and building useful bridges for international cooperation. Here you can find partners for your business and a set of competent companies available to collaborate internationally in different markets.
Portuguese companies in the area of environmental technologies and services have to offer multiple solutions adaptable to different contexts, as well as the capacity to understand and adapt to the needs of each market/client.

APEMETA has extensive knowledge in providing information and building useful bridges for international cooperation

0

APEMETA has extensive knowledge of the entire sector, providing information and building useful bridges for international cooperation. Here you can find partners for your business and a set of competent companies available to collaborate internationally in different markets.

Portuguese companies in the area of environmental technologies and services have to offer multiple solutions adaptable to different contexts, as well as the capacity to understand and adapt to the needs of each market/client.

 

‘Her Virginity’: The hymen is not a reliable indicator of virginity

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         By Prof. Raphael Nyarkotey Obu & Fatou Camara

           

‘Her Virginity’: The hymen is not a reliable indicator of virginity.

‘Her Virginity’ is a new book by Fatou Camara, that aims to address the social perspective on virginity.  In this article, we examine and address the notion that the hymen is what differentiates between being a virgin and not a virgin.

The question is does “losing your virginity” the same as “losing” your hymen? And how do you lose your virginity anyway? There is a lot of misinformation and many myths about the hymen, and we address them in this article.

Many people have the misconception that the vaginal corona is a thick membrane that entirely covers the vaginal opening and ruptures the first time a person has intercourse or any kind of insertive vaginal sex.

One myth goes like this: If a bride doesn’t bleed from a ruptured hymen on her wedding night, this means that she has had sex and isn’t a “virgin.This is not true.

Most women don’t know what the hymen looks like, how varied their appearance and dimensions are, and how little they comply with their cultural myths. Because of our lack of knowledge, we rely on stories that suggest hymen and virginity are some of the most important things about women.

In male-controlled societies, hymens have huge cultural significance.  Men were told that a hymen that is intact until marriage, and bleeds on the wedding night, is thought to demonstrate the woman’s sexual and moral “purity.”  But in reality, many women don’t bleed during first intercourse, either because their hymen has already been stretched or torn through other activities, or because it was very thin or flexible, to begin with.

Learning about our hymens, and our bodies in general, can help us to feel more comfortable and in control in sexual situations. Unlearning the misinformation that we’ve been taught can help us better protect ourselves from STIs, as well as increase our sexual pleasure.

The Hymen

The hymen doesn’t cover the vagina. First, let’s take a look at the hymen’s meaning. Coming from the Greek word meaning membrane, the hymen is a small piece of skin found inside the opening of the vagina.  Contrary to its name, the hymen is not a complete membrane covering the full vaginal opening. After all, menstrual blood can pass through the vagina before we have had penetrative sex for the first time.

Due to this controversy, a new name called the vaginal corona was proposed to replace the hymen in 2009 by a Swedish sexual rights group in an attempt to dispel harmful myths about hymens.  The membrane is located just inside the entrance to the vagina.

Hymens come in many shapes and sizes. The mucous membrane that makes up the vaginal corona may be tightly or more loosely folded. It may be slightly pink, almost transparent, but if it is thicker, it may look a little pale or whitish regardless of your skin colour. The vaginal corona may resemble the petals of a flower, or it may look like a jigsaw piece or a half-moon. It may be a scanty fringe of tissue, or even completely absent at birth.

The vaginal corona may tear or thin out during exercise, masturbation, tampon use, or other forms of vaginal penetration. Because of this, no one can look at or touch a vaginal corona and know whether a person has had vaginal intercourse, or even whether they have masturbated.

In rare cases, the hymen covers the entire vaginal opening. This is called an imperforate or microperforate hymen. Sometimes an imperforate hymen isn’t discovered until puberty when a person experience cramping and pain because the menstrual blood in their uterus can’t pass through the vaginal opening. In these cases, the hymen can be surgically opened so that the person can have regular periods, use tampons, and have other kinds of vaginal penetration.

Somewhat more commonly, a hymen band may be present across the vaginal opening, allowing menstruation but preventing tampon insertion. If the opening is very small or partially obstructed, minor surgery can correct this.

 Why virginity is a big deal

 In both the Christian and Muslim communities, being a virgin is a religious and cultural construct, not a medical or scientific term.  Our value as human beings should not be based on our sex lives, whatever our gender. Because virginity is a big deal, in some communities, girls may be prevented from running, jumping, or riding horses to protect the hymen; girls’ and women’s activities may be tightly policed to prevent cross-sex mingling. This emphasis on virginity also sets up a “virgin/whore dichotomy,” in which sexually active women are rejected as bad, defiled, ruined, and dangerous. The rejection takes many forms, including “slut shaming,” social ostracizationun-marriageability, rape justifications, and “honour killings.”

This notwithstanding, two studies (Knight, Bernard, 1997; Sally et al. 2004) found that the hymen is not a reliable indicator of virginity. And does breaking the hymen define who a virgin is? If that is the case, then, in the Ghanaian jurisdiction where young girls are taken through puberty right called Dipo in the Krobo communities; what metrics do they use to know that they are virgins?

Also, if your hymen was broken by other means and not through sexual intercourse; would that amount to not being a virgin? How are they able to test these young girls’ virginity before accepting them into puberty rights?

This is because, from a scientific angle, some women are born with very small hymen or with no hymen at all. Would those born without a hymen be considered virgins for those puberty rights? Or do the gods reject them because they have no hymen? Okay, if a young lady completes puberty right and a man decides to marry her and later finds that she did not bleed during the wedding night; how would the gods justify that? Because the man would be expecting the lady, he marries to bleed the first night.

The fact that those girls do not have hymen doesn’t mean that they are not virgins. This is nature and this is perfectly healthy and does not mean that they are missing anything, or need medical attention. For some, hymens can be stretched long before they have penetrative sex, whether it’s from sports, self-exploration, or using menstrual products like tampons. So in a nutshell,  the hymen stretches – it doesn’t break. When we have penetrative sex for the first time, nothing disappears, the hymen may simply stretch.

This contradicts much of the language we’re familiar with when we talk about virginity. In reality, nothing physical is lost, and while the first time having sex may be significant for many of us, there isn’t a biological change to our bodies.

Virginity Testing: Not Scientific

In 2019 the American College of Obstetricians and Gynecologists released a statement saying that they do not guide virginity testing. This is because you can’t tell whether a woman has had sex or not just by looking at her vagina.  Also, every hymen looks different, so there is no set standard for finding evidence of penetration.

This idea that the hymen breaks during first sex has also led to a belief that our first time should be painful. In reality, pain during penetration is more likely to arise from anxiety or sexual inexperience, than from stretching the hymen.

In 2018, UN Human Rights, UN Women, and the World Health Organization (WHO),  called to end what is termed virginity testing — a gynaecological examination conducted under the belief that it determines whether a woman or girl has had vaginal intercourse.  The WHO believes that is violence against women and girls everywhere. Also, the WHO held that this testing is medically unnecessary, and often painful, humiliating, and traumatic practice.

The WHO noted that there is no medical exam on earth that can tell if a woman or girl is a virgin. Unfortunately, parents, prospective in-laws, police, and even schools and employers still sometimes subject girls and women to coerced or forced “virginity testing.”

The WHO says: “From a human rights perspective virginity testing is a form of gender discrimination, as well as a violation of fundamental rights, and when carried out without consent, a form of sexual assault.

The use of virginity testing by police in cases of sexual assault is often paired with the sexist belief that if a woman isn’t a virgin, she “couldn’t” have been raped. Performing this medically unnecessary and harmful test violates several human rights and ethical standards including the fundamental principle in medicine to ‘do no harm’. WHO recommends that this test should not be performed under any circumstances.

UN Human Rights, UN Women, and WHO are committed to ending virginity testing and ensuring that the rights of all women and girls are upheld. The following are recommended strategies to eliminate virginity testing in settings where it occurs:

  • Health professionals and their professional associations should be aware that virginity testing has no scientific merit and cannot determine past vaginal penetration. They should also know the health and human rights consequences of virginity testing, and never perform or support the practice;
  • Governments should enact and enforce laws that ban virginity testing; and
  • Communities and all relevant stakeholders should implement awareness campaigns that challenge myths related to virginity and harmful gender norms that emphasize control of women’s and girls’ sexuality and bodies.

 

 

Finally, we concluded that the status of your hymen has nothing to do with your virginity and it is prudent to create awareness to educate the public on this issue affecting our families, homes, and marital institutions.

 

Prof. Nyarkotey Obu is a science and medical journalist, columnist, author, and BL Candidate at the Gambia Law School, Banjul, Gambia.  Fatou Camara is the author of the Book ‘Her Virginity’ E-mail: [email protected].

 

 

Medical Negligence: Medical Records as Patient’s Weapon?

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By Prof. Raphael Nyarkotey Obu & Daniel Sackey

 Medical Negligence: Medical Records as Patient’s Weapon?

In a recent news by kasapafmonline.com, the Accra High Court orders the Chief of Defence Staff, (CDS) and the 37 Military Hospital to release an investigation report conducted on the circumstances leading to the death of a 48-year-old man, Solomon Asare – Kumah to his family within 10 days.

The order culminated from an action of medical negligence which was commenced in 2019 by the family of Solomon Asare-Kumah (the deceased) against the Hospital, a medical doctor- Col/Dr. G. A. O. Appiah, the CDS, and Attorney General. The family is demanding GHc2 million in damages for alleged medical negligence that led to the death of the deceased. Prior to the suit, the family had petitioned the CDS to conduct an inquiry into the circumstances surrounding their relative’s death but after the investigation, the report was not made available to them.

After suing the hospital for damages in the sum of GHc2 million and pending the determination of the substantive matter, the family through Emmanuel Asare-Kumah, filed an application for an order for Discovery on October 21, 2022.

In this article, we will examine the legal question as to whether patients have the right to disclosure of their medical records in the case of medical negligence civil litigation and we will also interrogate the legal basis of discovery in medical negligence civil litigation.  We would finally look at the medical records of the patient as a weapon for the plaintiff.

 

 

Medical Records as a Plaintiff’s Weapon

Medical records are used to track events and transactions between patients and healthcare providers. They offer information on diagnoses, procedures, lab tests, and other services. Medical records help us measure and analyze trends in healthcare use, patient characteristics, and quality of care.

Indeed, medical records are patients’ strong weapon in medical negligence litigation. This is because, to be able to get legal advice from the lawyer, the lawyer’s first task is to review the medical records. Also don’t forget that medical negligence and malpractice litigation is built around the medical record, which provides the only objective record of the patient’s condition and the care provided.

For the lawyer, the medical records will help to establish specific acts of negligence and the overall quality of the record.  Good and strong medical litigation lawsuits are cemented on well-documented, specific acts of negligence. In most cases, however, negligence is inferred from documented and undocumented events. If the patient’s case depends at least partially on assuming that certain events were not recorded, the lawyer must be able to cast doubt on the credibility of the record.

Medical records are also the weapon for a physician’s defense. The patient has injuries to show the court; the physician or other medical care practitioner has only the medical records to prove that the injuries were not due to negligence. If the record is incomplete, illegible, or incompetently kept, this is the health care practitioner’s failure. Although courts and juries usually give a defendant the benefit of the doubt on ambiguous matters, this does not extend to ambiguities created by incompetent recordkeeping.

The least credible records are those that are internally inconsistent—for example, the physician’s progress notes report that the patient was doing well and improving steadily, but the nurses’ records indicate that the patient had developed a high fever and appeared to have a major infection. More commonly, the credibility of the records is attacked by demonstrating that it is incomplete. If it is clear that medically important information is missing from the record, then it is easier to convince a jury that the missing information supports the patient’s claims.  They are also the basis of expert opinion that will determine the outcome of the litigation.

Discovery: The Essence in Civil Litigation

In civil litigation, discovery is the process whereby a party to an action is obliged to disclose to the other party the existence of all documents which are or have been in his possession, custody, or power which are material to the issues in the action.

In law, ‘Documents’ is not restricted to paper writings, but extends to anything upon which evidence or information is recorded. Thus, tape recordings (whether audio or video) and computer disks are disclosable. Documents to be disclosed are those which relate to the matters in question in action. However, the scope of discovery is thus very wide.

A case law, Companies Financiere v Peravian Guano Co. (1882) 11 QBD 55, established that documents to be disclosed are those that relate to the subject matter and further went to include those that can indirectly enhance the party (requiring discovery) either to advance his case or to damage that of his opponent.

Hence, in the case of alleged medical negligence, medical records and any other medical information that tend to help the plaintiff requiring discovery to either advance his case or damage the case of the defendant (ie. the hospital) is important to that plaintiff.  Hence, the plaintiff can apply to the court for notice to produce to enable the hospital to disclose those medical-related documents.  Also, these medical-related records are important to the defendant-the hospital. In Ghana for instance, any party may apply at the stage of application of directions for such discovery as is necessary and the court may order the respondent to serve a list of documents in his or her custody or possession on the applicant. The court may order discovery even after the application for direction stage if reasonable cause is shown. Under Order 21 r 6 of the Ghanaian High Court Civil Procedure Rules (CI 47), the court will only order discovery when satisfy that the discovery is necessary to dispose fairly of the cause or matter and will save costs.

Disclosure, not Sacrosant

However, disclosure of these documents is not sacrosanct. This is because some documents are privileged from production and inspection.  For instance, documents protected by legal professional privilege; documents tending to incriminate the person making the disclosure, and documents privileged on the grounds of public policy. For instance, in the Gambia, Section 127(1) (d) of the 1997 Constitution excludes documents from discovery on the grounds of prejudice to National Security.

However, when the court gives such an order for discovery and a party fails to comply with an order for the discovery of documents or to produce any document or record for purposes of inspection or fails to comply with the rules, the court may make such orders as it thinks just, including the following: the action may be dismissed, the defence may be struck out and judgment entered accordingly, where the document is favourable to the defaulting party’s case, the party may not use the document at the trial, except with the leave of court or where the document is not favourable to the party’s case, the party may be committed for contempt.

Disclosure:  Right to obtain

The court may order any party to the suit to make a discovery on oath of the documents, which are or have been in his possession or power, relating to any matter in question in the suit per the rules of the court.  The party is also permitted to inspect these medical documents.

In the notice to produce, in the Gambia for instance, there is no time stated to produce. However, case law, Dwyer v Collins (1852) Exch 639, explained that a reasonable time should be given. In this case, the Accra High Court orders the Chief of Defence Staff, (CDS) and the 37 Military Hospital to release the documents within 10 days.

The Plaintiff’s Case for Disclosure

In this case, the plaintiff sought; “an order directed at the 2nd Defendant (CDS) to furnish plaintiff with the final Report of the Board of Inquiry held in respect of the death of Solomon Asare-Kumah and allegations of extortion against the 4th Defendant.”

Secondly, “an order directed at the 3rd Defendant to furnish Plaintiff with the full and complete medical record of Solomon Asare-Kumah (deceased)”.

 The Defendants relied on Privileged

But responding to the application in an affidavit to the request deposed to by Justice Oteng, a Legal Officer at the Department of Legal Services, Ghana Armed Forces, General Headquarters, on the authority of the 1st to 3rd Defendants/Respondents opposed to the request and said the report is exclusively for internal use.

“..The 2nd Respondent is vehemently opposed to the request by the Applicant for the Report/Record of the Board of inquiry,” the affidavit in opposition stated.

It contends that “the Report of the Board of Inquiry is a restricted document meant for the exclusive internal use of the Ghana Armed Forces.”

The defense further contended that the said report is exclusively for internal use. It further stated that “the Report of the Board of Inquiry conducted under the auspices of the Ghana Armed Forces is privileged and same cannot be disclosed to the Public even in legal proceedings.

“That per with the Armed Forces Regulations [Administration] Volume 1 (AFR Vol. 1) (C.I 12), applications for the release of record or report of a Board of an Inquiry requires the express instructions of the 2nd Defendant herein.

“That pursuant to the AFR. Vol 1, the 2nd Defendant stated that the Report of the Board of Inquiry as requested by the Applicant is confidential and same cannot be released.

It further contended that “that the discovery of the Report of the Board of Inquiry as prayed is not necessary for a fair and effectual disposal of the instant action and will rather prejudice the trial.”

It stated further that, “the Applicant has not shown any reasonable cause for the discovery of the report of the Board of Inquiry,” and “that the 3rd Respondent is however not opposed to Plaintiff/Applicant’s request for the disclosure of the medical records of the deceased in its custody.”

The Judge thinks the Patient’s Fundamental Human Right is Paramount

For a comprehensive analysis, we will at this point reproduce excerpts of the ruling of the discovery application which forms the crux of this article.

Justice Charles Ekow Baiden in his ruling stated as follows:

“I take judicial notice and it is so proven that on or around January 2023 a summary report of the Board of Inquiry into the alleged missing baby at the 3rd Defendant/Respondent hospital maternity unit, which the Board of Inquiry was convened by the 3rd Defendant/Respondent was disclosed to an aggrieved couple in that matter. In so doing, I am minded that judicial notice can be taken of facts that are so capable of accurate and ready determination by resorting to sources whose accuracy cannot reasonably be questioned, as provided for pursuant to Section 9(1) of NRCD 323. According to Brobbey JSC., (as he then was), the learned author of ESSENTIALS OF THE GHANA LAW OF EVIDENCE, “I…J judicial notice is not just a form of evidence. It is a form of proof.” (Emphasis added).

After lengthy experiments with military regimes, we the people of Ghana began a new path towards constitutional supremacy in 1992.

The 1992 Constitution we adopted for ourselves embodied principles of accountability and the protection and preservation of fundamental human rights and freedoms.

To achieve these solemn goals, the 1992 Constitution vested final judicial power in the Judiciary. Article 125(3) of the 1992
Constitution provides that: “The judicial power of Ghana shall be vested in the Judiciary, accordingly, neither the President nor Parliament nor any organ or agency of the President or Parliament shall have or be given final judicial power.” (Emphasis added).

In furtherance of this, Article 140(1) of the 1992 Constitution vested the High Court with jurisdiction in all matters and in particular, in civil and criminal matters and such
original, appellate, and other jurisdiction as conferred by the Constitution or any other law. The combined effect of Articles 33(1) and 140(2) of the 1992 Constitution is that
this Court has the responsibility to protect and preserve the natural and inalienable rights fundamental to the well-being of all persons.

Article 12(1) of the 1992 Constitution provides that: ”The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and the Judiciary and all other organs of government and its agencies and, where applicable by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.” (Emphasis added).

He further reasoned that the principles of accountability enshrined in the Preamble, Articles 23 and 296 of the 1992 Constitution frowns upon the unbridled exercise of such wide discretionary power contained in Article 21.17.1 of AFR (Volume 1) C.I 12 which purports to oust the jurisdiction of the court.

Even if, the 1st to 3rd Defendants/Respondents have the discretion to not disclose a Board of Inquiry Report to the Plaintiff/ Applicant, such discretion must be exercised fairly, reasonably, and not arbitrarily or in a biased manner.

He also referred to Article 17 of the 1992 Constitution that which abhors discrimination against persons such as the Plaintiff/Applicant herein. Article 17(3) provides that: “For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or disadvantages which are not granted to persons of another description.”

It has not been demonstrated to this Court that there is reasonable justification for treating the Plaintiff/Applicant differently from the manner the couple in Exhibit “D’ and “E” has been treated.

I find that the Plaintiff/Applicant alleges negligence in tort, breach of contract, misrepresentation, and undue influence.

The Defendants/Respondents have denied the existence of a contract. If so, the Defendants/Respondents must be made to subiect this dispute to the ordinary rules of negligence in tort, contract, and the remedies available to a party who alleges violation.

In so far as the Defendants/Respondents engage in commercial transactions, they must necessarily abide by the rules of engagement including good faith obligations and the duty of care, among others.

The 1st to 3rd Defendants/Respondents ought not to be allowed to seek refuge elsewhere.

For all the above reasons, “I am of the firm view that the Plaintiff/Applicant has shown reasonable cause for this Court to grant the order prayed for as the report relating to the death of the Deceased is necessary to fairly dispose of the matter, pursuant to the overriding objective of Order 1 rule 2 of C.I. 47.

The report or record of proceedings of the Board of Inquiry relating to the admission, treatment and death of the Deceased, howsoever described by the Is to 3rd Defendant/Respondents, together with the medical records of the Deceased shall be furnished to the Plaintiff/Applicant within ten (10) days hereof”.

With the subject matter, the family contends that “the hospital and its employees fail to exercise due care when they wrongly inserted Solomon’s breathing tube under his skin thereby denying oxygen for a considerable amount of time and as such causing stain on his heart and other organs and thus causing his death.”

Previous Rulings on Patient Medical Records as Human Rights

In Elizabeth Vaah v Lister Hospital and Fertility Centre, HRCM 69/10 [2010], a client who was under the care of the defendant hospital sued the hospital, relying on the right to information guaranteed under Article 21(1)(f) of 1992 Constitution of Ghana (the Constitution), when she sought to recover her medical record to clarify the cause of death of her stillborn baby. The applicant’s case is that her fundamental human rights have been violated by the respondent when the latter refused to release her medical records to her.

The respondent argued that it was justified in refusing the applicant’s request for medical records because by speaking to the press about the circumstances in which she gave birth at the respondent’s hospital, she had evinced an intention to abuse the records. It was held that the plaintiff was entitled to a copy of her medical record from Lister Hospital. The legal principle found, in this case, is that a medical facility cannot violate or prevent a patient from accessing their records.

Finally, in Jehu Appiah v Nyaho Healthcare Limited [2021], where the plaintiff accused the facility of allegedly damaging her fallopian tube, which nearly led to her death. According to the case, the plaintiff, upon conception utilized antenatal care services at the respondent hospital. But at a point, she claimed she had to undergo life-saving surgery at a different health facility due to the “actions and inactions” of the Nyaho hospital. After the life-saving surgery, she made a formal complaint to Nyaho Healthcare Limited, after which she was promised investigations into the matter and the results communicated to her. The plaintiff noted that all efforts to compel the respondent hospital to release her medical documents (including scans, tests, diagnosis, and treatment) proved futile. The court held that the complete medical records be released to the patient.

Conclusion

A party alleging medical negligence has the right to obtain disclosure from the defendant’s hospital.  Though, some documents are privileged from disclosure on public policy grounds. It is also prudent to know that the fundamental purpose of disclosure is to further the overriding objective by ensuring parties to litigation are on an equal footing. The court will exercise its discretion in favour of the plaintiff if the disclosure aids the court in dispensing justice and a fair trial.

Also, the meaning of ‘documents’ is not restricted to paper or writing but extends to any form of record-keeping. This includes computer databases, microfilms used to keep records, video and audio tapes, and discs. Hence, in today’s medical care industry, where hospitals have adopted electronic record systems, discovery extends to them.

Thus, in clinical negligence claims, the most important category of the document to be disclosed is likely to be the claimant’s medical records. They will provide the most contemporaneous record of the treatment given to a patient and will, in almost all cases, be the basis of expert opinion that will determine the outcome of the litigation. Early and objective scrutiny of medical records can save a lot of time and expense and is necessary to assess the merits, strengths, and weaknesses of any proposed claim from the outset. For the defendant, case laws proved that patients have rights to the medical records, and it is also your source of defense in medical negligence civil litigation.                             

Prof. Raphael Nyarkotey Obu is a (BL) candidate at the Gambia Law School, Banjul, The Gambia, and Daniel Sackey is a Part Two student of the Ghana School of Law, Accra, Ghana. E-mail: [email protected]The authors have an interest in medico-legal issues and patient rights. The legal article is for academic awareness only.  

The Bonds That Bind

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REFLECTION

By Cherno Baba Jallow

Ousman “Ous” Kamara and I aren’t blood relatives, but the bonds between us, pardon the cliche, are as old as the hills. They have endured.

Ous Kamara (he is the only one in his family who spells his last name with a K), and I were once roommates in the US city of Detroit and then close neighbours in nearby Southfield, both in the state of Michigan. Our neighbourhoods were a walking distance from each other. But since we are talking about Michigan, where folks just love to drive for any distance, Ous and I often drove to each other’s homes, crossing the Telegraph Road off West 12 Mile.

We would link up during the weekends. We would watch sports, grill some lamb, snack up on fruits and peanuts, and turn ourselves into castaways of the maudlin past. We would go on long recollections about our upbringing, the soccer games in our childhood neighbourhood, the good, old stories, the episodes and personalities that have left lasting impressions on us.

Ous and I grew up in the same neighbourhood in Basse. We are the grandsons of the Jallows and the Camaras, two families that have lived next-door to each other for several decades —- a century isn’t far off.

How and when the two families came to live in close proximity with each other is still something for me to look into —- I haven’t asked about or researched, it yet. All I know is that the two families came from two different shores: mine, (maternal side), came from Dalein, several miles outside of Labe in north-central Guinea. And Ous’s came from Wuli Bantun-N’ding in the northeastern part of The Gambia.

They all resettled in Basse. Both of my maternal grannies arrived in the late 1920s. Probably they found the Camaras already there. Or probably their would-be neighbours were the ones who came sometime later, joining them in residency, in the present-day location once known for its thick bushes, and hyenas often heard howling their way from the nearby riverbanks to the hills of the contiguous areas of Sare Koba and Manneh Kunda.

These Jallow and Camara families are the perfect examples of close-knit neighbours — neighbours, who are each other’s support unit, who love and care for each other, who represent the best of neighbourly outreach and shared humanity.

Our grandmothers Adama Oury Diallo and Koday Camara were the best of chums. Granny, born in the exclusively Pulaar-speaking part of Guinea, spoke no Mandinka, the dialect of the Camara household. But Ma Koday spoke fluent Pulaar. They visited each other, had long chats, exchanged pleasantries and laughed out loud, the bonhomie of two elderly women partaking off some leisurely time together in rural Africa.

Both women loved to cook lots of food. Granny would cook “To-rie” and “Fut-ti,” two popular dishes in her rural part of Guinea. And she would ask me to carry some next-door to her friend. When Granny fell sick with the flu, Ma Koday would prepare her some soup, usually some fish sautéed in spices, lemon juice and thin tomato sauce. Sometimes she would bring it to Granny, walking over through the gate that separated the two homes. Other times she would send Ous or the other grandkids — Balaba or Wassa or Ba Juldeh.

During family crisis, the two friends were each other’s consoler-in-chief. Almost any distress could send Granny into an emotional tailspin. She was wont to be comprehensively anguished over family deaths in her native Guinea. She would wail intermittently throughout the day. Ma Koday would be by her side, consoling her and imploring her to let it go, to reconcile herself to the inevitability of death and to the vicissitudes of life.

Ma Koday and Ma Oury (how the Camaras called Granny) were like the head-representatives of the two families. Their warmth for each other was emblematic of the harmonious co-existence between the two families. From the grannies down on, we all interacted on a daily basis, attended each other’s functions and ran into each other doing errands on the opposite ends of the family homes.

It’s remarkable how these two families, hailed from two different cultures and origins, could get along so well. But then again this is Upper River, eastern Gambia, the land of the Ko’nyaji, the Fulbe, the Mandinka and the Serehule, the land where diversity is a cherished way of life.

As I occasionally traipse around the halcyon days of my upbringing, I am constantly reminded of a childhood steeped in fun and fanfare, enriched by an unshrinking love from my family and from the one next-door: the Camaras. Having good neighbours like them takes pure luck. Or an act of providence. G. K. Chesterton, the English writer and philosopher, told us: “We make our friends, we make our enemies, but God makes our next-door neighbour.”

Prof. Nyarkotey – Book Review: ‘Her Virginity’; thinking she was loved by the best!  

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She believed she had found the perfect man, the one she had always dreamed of. She loved him passionately and was completely infatuated with him. Her heart raced uncontrollably during their courtship, and she couldn’t help but feel a bit crazy when he wasn’t around. He consumed her thoughts, grounding her and making her feel alive. She lived in the moment whenever he was near, and she couldn’t deny the power he had over her.

But sadly, her fairy tale took an unexpected turn. Instead of living happily ever after, she found herself trapped with a monstrous being. It seemed like the story should have ended there, but fate had a different plan. Wherever she sought solace, she faced unimaginable horrors—men who would violate her, taking away her dignity and innocence.

It’s a devastating reality that she never anticipated. The dreams of a blissful future shattered, leaving her with scars that run deep. She thought she had chosen a companion who would protect and cherish her, but instead, she was left to face unimaginable torment.

But I think that God has a purpose for her to share her experiences to save so many Gambian ladies.  Sometimes, our bad experiences are orchestrated by God to accomplish his mission.

Indeed, Kenny Rogers could be right when he said: If you want to find love, go looking at home.  If you wanna find gold, go looking in the mountains. If you want to find silver, go digging in stones and if you wanna find heaven, go reading the Bible.

With my reading culture, I first heard about this book; ‘Her virginity’ through the Gambian newspapers. I was eager to get a copy to digest the motives behind it as someone interested in the affairs of the Gambia. Finally, a colleague gave me a copy.  Scanning through the book, one thing that caught my attention was how as humans, we turn to be blindfolded and marry people we presumed that they were good people by their show of affection, love, and kindness.

In the case of women, they are most moved when men show them love, and affection, showers them with gifts in the course of the courtship, and forget to pay much attention to studying the true character of the man before accepting to marry them.

The fact that a man showers you with so many gifts, and care does not mean such a man is a good material or a good man by all standards to marry him.  Besides, men also know the tricks of women and we turn to play along to get what we want.

But every man is like a politician, we campaign well to get the women we want, and after we win the election, no more campaign. It only takes a God-fearing man to still treat a woman right after the election to buy her a rose, call her from work, open the door for her, and know they are both on a journey together.

So sometimes, because we want women badly, we turn to show them all the fake attributes we do not possess. So, if you are not smart enough as a woman, you end up with such men in marriage and that is where the true character of the man manifests. This was the case of Fatou Camara, she had thought she married a good man, but the man was more than the devil himself.

I also learned that in life, when you pray to God to give you a good man or woman to marry, also pray to enter into a good family.

This is because it is not enough to marry only a good man or woman. In our part of the world, we cement the extended family system, and you cannot do away with them. Hence, the idea of marrying only the man or woman and not the family is untrue. The family of the man and woman can either make or break your married. This was the advice I picked from the book I once read: The Mafia Manager. The author said that; every family has one enemy, and we must do everything possible to make peace with them.

Fatuo Camara ended up in a family where the man adores the mother more than the wife. The husband’s family is a lion’s den, and she didn’t know until she entered. Sometimes, during the courtship, we turn to overlook so many things in the name of love forgetting that love is not enough in married. We finally became like the boiled frog in a pot of boiling water.

The family you marry into plays a key role in the success of the marriage and we must be sensitive about this.  Had the family of the man been sensitive to the plights of Fatou Camara, they would have solved their issue amicably.  The unfortunate thing is that they had no interest in the affairs of Fatou Camara and that even worsened the situation and led to the collapse of the married.

Some families too can pretend during the courtship as if they were angels until you enter before you know they are more than the devil itself. So, this thing called marriage needs God’s guidance and spiritual revelation.

The true test of a character is when the relationship is in crisis; how you both manage it determines the strength of the relationship.  You will know whether to continue with the marriage or not when the relationship hits a strong wind. The true character of both parties will surely manifest during this period of crisis.

I believe that any relationship before marriage that has not suffered any misunderstanding is a recipe for disaster. Also, any relationship that is too fine and appears both couples are angels is a recipe for disaster.  You can’t say we don’t fight in the course of our relationship; how is that possible as a human institution?

And then in the case of the Gambia, the challenge is the pressure to marry as a virgin, but society forgets that the virginity of a woman can be broken in diverse ways and not necessarily through sexual intercourse.

I think this issue has to be re-echoed and awareness created in this area. The public needs awareness so that women who broke their virginity without sexual intercourse with a man should not be subjected to the torture that Fatou Camara went through in her marriage. Even those who lost it do not deserve such inhume treatment. Nobody is without fault.

In her case, her virginity was broken when her sister accidentally pushed her to the floor. I also believe that when a lady in the Gambia breaks her virginity, due to the sensitive aspect of the situation, the lady should open up to tell the family.

Also, the lady should open up and tell the man about the situation at hand before marrying the man. The fact that you marry as a virgin is also not a catalyst for a successful marriage. However, it is chaste to marry as a virgin, especially for women. Though, Fatou Camara had a different view and believe that men should also marry as virgins.

Fatou Camara should know that we are men, and we make proposals to buy and not the other way. So once, we have our monies; we decide what to buy.  Even the devil wants the saint to destroy. So, the standard for women is high and cannot be compared to men- that fact should be established. We are working hard to look for good women to marry; the onus is also on the women to know that they live a chaste life for a man to spend his money on. This is just by the way.

My concern is that the notion that the hymen is what differentiates between being a virgin and not a virgin is archaic. The question is does “losing your virginity” the same as “losing” your hymen? And how do you lose your virginity anyway? I think Fatou Camara’s next assignment as an advocate is to write another book to explain to the Gambian community how women can lose their virginity apart from sexual intercourse. There is a lot of misinformation and many myths about the hymen.

Many people wrongly believe that the vaginal corona is a thick membrane that entirely covers the vaginal opening and ruptures the first time a person has intercourse or any kind of insertive vaginal sex. One myth goes like this: If a bride doesn’t bleed from a ruptured hymen on her wedding night, this means that she has had sex and isn’t a “virgin.” This is not true. And this ignorance was seen in her book as the family of the man was waiting patiently at her door to examine their bed after their marriage and they felt disappointed when no blood was seen on the white bed sheet.  This led to the man calling her so many names. Friends, families, and many others called her names as well; they assumed she was a prostitute.

Most women don’t know what the hymens look or looked like, how varied their appearance and dimensions are, and how little they comply with their cultural myths. Because of our lack of knowledge, we rely on stories that suggest hymen and virginity are some of the most important things about women.

In male-controlled societies, hymens have huge cultural significance and I noticed this from her husband’s attitude. He feels betrayed and lied to by his wife, but he should have known better. Sometimes those you assumed are educated are rather the problem because of wrong socialization.

They were told that a hymen that is intact until marriage, and bleeds on the wedding night, is thought to demonstrate the woman’s sexual and moral “purity.”  But in reality, many women don’t bleed during first intercourse, either because their hymen has already been stretched or torn through other activities, or because it was very thin or flexible, to begin with.

Learning about our hymens, and our bodies in general, can help us to feel more comfortable and in control in sexual situations. Unlearning the misinformation that we’ve been taught can help us better protect ourselves from STIs, as well as increase our sexual pleasure. Though Fatou Camara’s hymen was broken; she was ready to give her man some wild sexual experience and the husband was very myopic.

Ah! This man paa. Yes, as a noblewoman. Besides, nobody marries the enemy. Well, some men can also marry you just to punish and end your dreams. She wanted to do anything.

for him thinking she was loved by the best. Why should she settle for less? Why bother about the rest?

She packed her wardrobes with some wild see-through lingerie.  But the husband made her sexual experience also complicated with frequent marital rape. She is just not fortunate.  But one thing I noticed was that as an obedient lady, during her honeymoon she was still cooking for the family. She displayed good cooking skills.

But don’t be surprised to see a virgin who knows more about sex than a non-virgin because people read and watch things in this modern age.  I end with this: No medical exam on earth can tell if a woman or girl is a virgin. That is the reality. Grab a copy of this important book to read. We are in this together and I stand by Fatou Camara.

The reviewer is a Professor, science and medical journalist, columnist, author, and BL Candidate at the Gambia Law School, Banjul, Gambia. E-mail: [email protected].

Long visa process denies Adama Bojang, Mustapha Drammeh Scorpions call-up

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By: Muhammed Lamin Drammeh

The Gambia under 20 striker Adama Bojang, and Mustapha Drammeh, the current top scorer in the domestic league, both narrowly missed out on the chance to be included as replacements in coach Tom Sainfeit’s June 14 AFCON qualifiers squad, which is set to face South Sudan, due to expected long visa process, following late withdrawal of strikers Yusupha Njie and Alie Sowe, Tom Sainfeit tells The Fatu Network.

Speaking to The Fatu Network in an exclusive interview after releasing his final list of players for the crucial game against South Sudan, Tom revealed that he had Adama Bojang and Mustapha Drammeh in mind after the late withdrawal of Yusupha Njie and Alie Sowe, but pointed out that it is not possible to call up the duo after the withdrawal of certain players because there is no visa to go to Egypt from The Gambia.

“I followed all the local-based players. We had Ali Sowe and Yusupha Njje, with other strikers. Now calling a local-based striker after the withdrawal of Ali Sowe and Yusupha is not possible. We don’t have a visa to come to Egypt and there is a concern. I have been following Mustapha,” he explained to The Fatu Network.

Mustapha Drammeh has been on terrific form for Brikama United this season. He has just equalled the record of scoring 15 league goals, the most scored by a player in a single season in the Gambia Football Federation Division One League.

Another striker that Coach Tom Sainfeit had in mind was Adama Bojang, the 19-year-old prolific goalscorer who has now established himself as a reliable striker and one of the most sought-after youngsters on the continent.

The youngster was someone the Belgian wanted to turn to after the late withdrawal of two senior strikers. However, according to Tom, he didn’t exactly know how far the Gambia would go into the U20 World Cup and that the withdrawal of Ali Sowe and Yusupha Njie came too late to invite the youngster who just returned from Argentina.

“We thought of inviting him (Bojang), but we didn’t know when the U20 will come back. If we had known they would have returned earlier, we would have arranged this,” he explained after the late withdrawal of Yusupha Njie and Ali Sowe from the team due to reported injury concerns.

Tom remarked that Adama Bojang would have been the best replacement for both Yusupha Njie and Alie Sowe in the team.

“But it is what it is. His chance will come. I have followed all their (U20) games. They have a quality team and hope they will all have a chance to play in Europe”, he said.

PLAYERS TO HAVE WITHDRAWN

Coach Tom Sainfiet didn’t hide his feelings and disappointments regarding the withdrawal of players. He said Yusupha Njie and his club medical team contacted them to tell them that he has been injured, and Ali Sowe informed them two weeks ago that he was going for surgery.

The withdrawal of Yusupha Njie and Alie Sowe left Tom Sainfeit with only two recognized strikers, Muhammed Badamosi and Assan Ceesay to rely on.

He Was The Best Uncle

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APPRECIATION

By: Cherno Baba Jallow

My uncle Alhaji Yaya Jallow, who died early Saturday morning in Old Yundum, after a long battle with hypertension, was everything that uncles are known for: supportive, caring, inspirational and amiable.

Uncles, it’s often said, are like junior fathers, and particularly in the absence of the paternal parent. But unlike fathers, who could be stern and authoritative, uncles tend to be genial and broad-minded. They have soft spots for their nieces and nephews. They give you avenues for self-expression, the kind you don’t usually get from your father.

Uncle Yaya was, by nature, mild-mannered. He was generally quiet and easy-going. He made me feel comfortable talking to him and expressing myself. He would say to me: ‘so what do you think?’ ‘Ok, it’s up to you.’

He was born in Basse Santa-su on February 9, 1949, two years after the nationalist leader Edward Francis Small won his first direct election to the colonial legislative council. He was the third and youngest child in a small family household. My late mum Mariama Jallow preceded him in birth. And Uncle Mamadou Naphew Jallow, a veterinarian by profession, was the firstborn. Just as in birth, the three siblings died in successive order. Uncle Naphew was the first to go, then Mummy and now Uncle Yaya. Of the three of them, he lived the longest. He was 74.

Uncle Yaya attended St. George’s Primary School in Basse Mansajang Kunda. He later attended Armitage High School in Georgetown, now called Jangjangbureh. When he left school, Uncle worked in government, beginning as a junior clerk. He was once stationed in Jenoi, Mansakonko, in the Lower River Region. He also worked as an auditor with the Internal Audit department and as an accountant in various ministries in Banjul. He became a principal accountant, his last stint in government before going on an early retirement. He also did occasional collaborative work with the African Development Bank.

Uncle Yaya was an embodiment of honesty and integrity in public service as well as in his daily dealings with the people. At both professional and personal levels, he demonstrated impeccable character, and you couldn’t help but be awed by a man with a deep sense of right and wrong, and with an unwavering commitment to his conscience and to ethical standards. High-minded public servants, like him, were an oceanic supply in The Gambia Civil Service in the days of old. They don’t mint them anymore in today’s Gambia.

After my parents, Uncle Yaya was the most instrumental in my formative years. He was the one who paid my way throughout high school. He allocated me a monthly allowance during my high school days in Banjul. He made sure I had everything I needed or wanted for school.

A voracious reader himself, Uncle Yaya helped firm up my reading appetites and curiosities during the years I stayed with him in Serekunda. He was a regular reader of the-long defunct Africa Now magazine, a London-based pioneering publication on African news and commentary and on Africa’s place in global affairs between the 1960s and 80s. When I joined him from Basse, I found piles of old copies of the magazine stashed inside the house. I burrowed through them all, introducing myself to the writings of the magazine’s legendary Nigerian editor Peter Enahoro and his colleagues, the Ghanaian Cameroun Doudou, the Kenyan Phillip Ochieng and the Tanzanian Abdourahman Babu, a former economic planning minister under Julius Nyerere. Those were seasoned writers and analysts on post-colonial Africa.

One of the domestic chores Uncle Yaya assigned me during my student days with him was to, once in a while, prepare for him a summary of the African news from the BBC’s flagship Focus on Africa program in the evenings. He would read through my summaries, or he would ask me to recall the news on that day’s events around Africa.

On one afternoon in 1995, agents of the then National Intelligence Agency (NIA) picked up several staffers of The Daily Observer. I was among them. The managing director, too. The BBC’s Focus on Africa announced something like this…. “almost the entire staff at the Gambian Daily Observer was today taken to the country’s national intelligence headquarters for questioning.’’ I knew Uncle Yaya would know about it because he religiously listened to the BBC. When I got home, he had been eagerly waiting for me. He sounded very worried. ‘’So, what happened?,’’ he asked. “Were you among those picked up?’’

Uncle Yaya was always worried for me, but he was understanding. He knew I wanted to be a reporter. When I told him in late 1994 that I was quitting my government job at the Agriculture Ministry for a reporting offer at The Observer, he didn’t raise any objections. He and his late childhood friend and namesake, Alhaji Yaya Jallow, the then Permanent Secretary at Agriculture and formerly deputy leader of the United Democratic Party, had helped me secure that job at the ministry. But I wasn’t happy there. The job wasn’t challenging enough.

As a regular reader of my writings, Uncle Yaya was an occasional critic. ‘’Cherno, you know, you like to use a lot of big words,’’ he would scold me, and he would occasionally consult a copy of the Oxford Advanced Learner’s Dictionary in the house.

In December 2016, and during the height of the Gambian political impasse following the electoral defeat of the former dictator Yahya Jammeh, Uncle Yaya led the family to the Senegalese border town of Manda Diouane, west of Madina Gounass and a 30-minute bicycle ride to the Gambian border. I had been waiting for them, having arrived from Conakry, the capital of Guinea.

It was the first time in 20 years that I had seen my family. My parents weren’t on the trip. They had died during my exile years in America.

It was the happiest of family reunions. But Uncle Yaya wasn’t satisfied. “I am very happy to see you Cherno,” he said, barely able to contain his emotions. “But I would be happier if we met inside The Gambia one fine day,’’ he added.

We did in 2019.

Public Safety: A case for the National Assembly to regulate content moderation of social media platforms 

By: Sarjo Barrow

To create a safe environment, the government must act to protect society at large and not delegate such responsibilities to profit-making companies with the hope that they would do the right thing. That is why parliamentarians are citizens first before public servants. As faith would have it, each represents a specific section of the society in the Assembly. Yet, with all the recent happenings in their respective communities, I have not heard any member announce or declare that they would utilize the newly created technocrat office in the Assembly to bring legislation to help regulate in areas that are sowing the seed of discord in the society—content moderation practices of social media.

Since 2016, the Gambia experienced a resurgence in the use of online media platforms. Initially, the government panicked and threatened to pass legislation to criminalize insults against specific public figures. Ordinarily, most Gambians would identify with the public policy behind such a rationale. Our shared culture and history taught us to respect grey hair, and our society frowns upon insult. The quickest way to incite violence in the Gambia is by using explicit against a respected figure. I was against the proposal because of our collective experience during the dictatorship, the lack of security sector reforms, and the government’s abuse of power to stifle dissent.

Notwithstanding, citizen journalists are on the rise in the Gambia. Significantly, de facto journalism became the new hustle, where anyone with a smartphone or a PC could create an online media platform to solicit, promote, or spread information, including intentional defamatory statements, cyberbullying or stalking, child abuse, or even child recruitment into extremist behaviors such as terrorism. Thus raising the question of why the government or MP has failed to legislate online media platforms with all deliberate speed.

Recently, I have argued that the passage of the National Assembly Service Act did not bring any meaningful change to the citizens but to the members and the benefactor of the Act. I have not heard a National Assembly Member introduce a bill through the newly created in-house technocrat office. Indeed, first and foremost, the job of an assembly member is promulgating laws. Going by this standard, I believe all members’ scorecard is big fat zero. Debating on bills that the Attorney General’s Chamber drafts do not count here. Of course, parliament has relied on the AG’s Office for support because of the ostensible inadequacies of the members. To support their contention of a co-equal branch in our constitutional democracy, they passed the NAS Act to help them build capacity but failed to utilize the office.

In the United States, section 230 of the Communications and Decency Act has been the foundation for governing expression in digital platforms. Congress passed this provision in 1996 when online presence was surging. While Congress failed to re-address the existing and emerging policy issues regarding technological changes online, the goal of section 230 was to protect online platforms from liability for third-party content that they distribute. Equally, in 2000, the European Union adopted the Electronic Commerce Directive. Like Section 230, the eDirective protects the online platform from liability for the passive retransmission of third-party content. However, unlike the United States, the EU has revisited the issue and passed the EU’s Digital Services Act (DSA) in 2022. Although DSA left the eDirective undisturbed, it established a “duty of care” for an online platform. Key among them is creating an expansive duty of care for the most prominent platforms, requiring disclosure and transparency, including algorithmic and human content moderation.

Although I am not aware of any law in the Gambia that mirrors Section 230, eDirective, or DSA, I think National Assembly must act now to protect the citizen from the harmful effect of unregulated social media content. I do not have all the answers or even the best ideas for this complex area of law where free speech interacts with the state police power to protect its citizen. Still, the tie is now to start a conversation to avoid further damaging the fabric of our society.

Like the United States & the EU, I believe the Gambia too should provide immunity for third-party content that online platforms host with qualifications. Interestingly, the concept of online hosting has changed since AOL. The qualifications I am recommending are:

  • Incentivize platform. Just because an individual can access a smartphone or a PC to create an online platform should not automatically insulate the platform from liability for third-party content. Under this approach, online platforms that purposefully promote, solicit, or facilitate criminal activity (cyberbullying/stalking/child abuse/terrorism/unlawful criminal conduct) or are willfully blind to illegal criminal behavior on their platform by third parties should not receive the benefit of immunity for hosting the third party content. Like the “Good Samaritan” immunity of Section 230, the Gambia should limit this immunity to individuals who do not endanger the citizens in the first place.
  • Promote competition in a free market. Immunity should not extend to antitrust claims or competition laws. Foreign companies largely dominate the Gambian economy, but the same may be true for online media. The monetization of the internet requires that large companies not hide behind immunity in antitrust cases, where liability is based on harm to competition and not the third-party content (speech).
  • Promote transparency. Like the EU DSA, the law should create a “notice-and-action” rule. If a platform receives notice asserting unlawful content, it must immediately assess the claim and take appropriate action. Moreover, for large platforms, the law should require an ex-ante effort to evaluate the risks “stemming from the design, functioning, and use of their services” and deploy the necessary means to mitigate the systemic risks identified silently. However, to avoid a heckler veto or chilling effect on free speech, this notice requirement should be limited to unlawful criminal conduct (like stalking, child sex abuse, terrorism, etc.).
  • Notice liability. Here, platforms with actual knowledge or notice of criminal or unlawful material on their services without taking any action should not be entitled to immunity for hosting third-party content. Indeed, Internet Service Providers are not treated as “publishers or speakers” of content provided by third parties. As traditional tort law has recognized, intermediary liability for publicizing the speech of third parties varies based on the publisher’s status. For example, newspapers or book publishers are generally held strictly liable for defamatory material they publish as if they were the speaker. Distributors, such as libraries and newsstands, are held responsible only if they knew or should have known the content was unlawful. And accessories, such as printing presses, are generally not held liable for defamation. This balance is required to protect the citizen, especially the vulnerable and suspecting, from the dangers of unregulated media platforms. 

NOTE ABOUT THE AUTHOR:
Sarjo Barrow’s practice focuses on constitutional law, national security, human and civil rights litigation.

‘A Jewel in their hands’: Former Fortune wonderkid’s potential praised in Albania

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By: Muhammed Lamin Drammeh

Former Fortune Football Club wonder kid, Karamba Gassama, 18, who moved to Albanian side FC Dinamo in January this year, has been praised by his club, describing him as a “jewel in their hands” after an incredible 522 minutes of football that garnered a lot of attention and prospects on the youngster’s promising future.

Since his arrival in the Albanian side from local club Fortune FC, Gassama quickly settled in and became a significant member of both coach Dritan Mehmet and a veil Dede team in FC Dinamo.

In an article published on Panorama.com.Al about the young midfielder’s amazing performance and talent, his signing is described as a safe investment and a jewel to his club.

“Dinamo are very enthusiastic about the fact that they have made a safe investment, signing a young player, who in the near future can bring significant income to the club’s coffers. The goal is for the midfielder not to be sold quickly, but to serve Dinamo for one or two more seasons, increasing his value and consequently the offers of foreign clubs. In the blue camp, they know very well that they have a jewel in their hands, and they want to use this opportunity as best as possible”, panaroma.come writes.

Gassama, a mesmerizing and skilful midfielder with a huge technical ability to deliver good passes to attacking players and leave opponents chasing shadows, is expected to be a player for the future who will be attracting attention from top clubs in Europe.

Since his move to the Albanian top side, the youngster has been regularly featured for both the Dinamo senior team and the U21s. He is described as a talent with a secured future in Dinamo.

Shortly after helping FC Dinamo to secure promotion to the top tier of Albanian football, Gassama told The Fatu Network that he has his eyes on playing in the top European leagues, a prospect that his team believed is not far from being accomplished, considering his enormous potential and talent.

Spotlight: Ida Faal, smashing down gender barriers in coveralls

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By: Muhammed Lamin Drammeh

From dashing her mother’s hope of her becoming a banker to proving wrong society’s stereotypes, Ida Faal, a distinctive and resolved young lady weathered the storm against what she defined as a cultural stereotype and scepticism about a female becoming an auto mechanic to establishing her automobile business and mechanic garage, employing young people and excelling in a male-dominated field as a female mechanic.

Passion backed by her contagious desire to change the narrative and become her own boss, Ida’s progress and innovation in the automotive industry has set tongues wagging, leaving admirers and even the sternest critics of her career choice, especially those that doubted her potential of becoming a female mechanic, impressed. After her job hunting failed upon completing her studies, Ida has since carved out a niche for herself wearing coveralls.

With over 5 people on her payroll and bunches of trainees under her Clock TVET Foundation, Ida had a rough start in pursuing her dreams of becoming a female mechanic in a society that characterized the auto mechanic work as a male job.

IDA’s INSPIRATION AND HOW SHE STARTED HER JOURNEY AS A MECHANIC

Ida was born and raised in Latrikunda Sabiji. Living in a society where cultural stereotypes dominate and deeply influence lifestyle and who or what to become, Ida had a rough start. First a rejection from her mother who wanted her to become a banker, to people in society doubting her potential in the craft, to male customers doubting if she can fix and program their cars. However, with her eyes on the prize and willingness to change the narrative, Ida’s mother eventually understood what she wanted and gave her blessings.

“I told my mom one day that I wanted to become a mechanic. She said no, that is not possible. From that point, when I visited my business training, I did look for a job like any other young person, but the job hunting wasn’t effortless by my side. It came with numerous subjects, like subjecting me to certain things before getting the job. So, I said no; that is not me. I need to be my own boss. I wanted to become everything when I said I wanted to become my own boss,” she explained, giving an insight into how her desire of becoming her own boss sprang to life.

Ida then began researching employment and auto mechanic jobs. After realizing that many young people fancy white-collar jobs more than blue-collar jobs, she took it upon herself to get into the informal sector and get self-employed.

“So, after doing that, I decided I had to do something and change the narrative,” she explained.

After months of doing mechanic work and hiding it from her mother, who wanted her to become a banker, Ida eventually convinced her mother and went ahead in pursuing her dreams.

STEREOTYPE AGAINST HER

As expected, Ida faced countless challenges amidst the stereotypical nature of Gambian culture.

When she first went out with her overalls (a one-piece protective garment worn for heavy manual work), Ida garnered lots of attention on the street.

“From that day, I said to myself that someone needs to be going out every day to change the narrative”, she said.

Ida explained that some people even tell her that nobody will marry her because no man wants to marry a female mechanic due to the oil over her body, but she maintains that this is who she is.

Even though she owns her own workshop, male customers sometimes doubt her ability to solve their car issues when they visit her garage.

FITA FAAL AUTOS

After overcoming so many societal challenges as a woman, Ida Faal succeeded in establishing her own mechanic garage, around Sukata/Jabang traffic lights.

She started work at Fita Faal in 2018. Fita Faal is an automobile and auto solution centre which is available online as well. For three years, she was working undercover until 2020 when she owned the shop and became the CEO.

With the evolving of technology, Ida believes that it is imperative they be available online as this gives them the ability and flexibility to basically take their garage to the homes of their customers, allowing them to fix cars and sell spare parts anywhere.

“We are unique. Because we are providing the convenience to our customers that no one person is doing in the Gambia. You can contact us at any time and will find your location, fix and program everything,” Ida said about her work.

Gambian hijab model Muloshi urges women to not give up on hijab amidst criticism

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By: Lolly Sowe

Fatima Muloshi, a 22-year-old Gambian hijab model and the CEO of Modest Modelling Agency, has called on women who want to become hijab models by covering their bodies as Islam dictated, urging them to not give up on making sure they achieve their dreams.

In an exclusive interview with The Fatu Network, she made these remarks while urging her fellow women to not let criticism hold them back from becoming the type of hijab models they want to be.

“We are covering our bodies/heads, not our brains. If you want to become a modest model, don’t allow anyone to let you down. Dressing decent is something that everyone should support,” she explained.

Modest models use different styles to cover their bodies, head scarf for some Muslim women. For many such women, the hijab signifies both modesty and privacy.

She further called on people to embrace hijab.

Muloshi described the hijab company as a great way to make money and normalize hijab and modest fashion to help more Muslim women.

“Being a hijab model or having a hijab company is not easy in the Gambia because a lot of people think fashion is only about wearing clothes that will expose people’s bodies. No. It is way beyond that,” she explained.

Young Muloshi whose ambition to become a global model superstar said she has been doing a lot of research on modest fashion which is tremendously evolving all over the globe.

A hijab model is a fashion in which women show off different styles, including various methods to tie and wear scarves for different occasions.

“I have attended many fashion shows in the Gambia but there was none for modest wear. When I asked some women who were doing modelling before they told me that they quit because there was no platform for them,” she added.

The young model noted that she wants to change the narrative and inspire young women who want to be hijabis through her modelling agency.

She mentioned that she decided to create a platform for young women who were thinking of quitting hijab so that they can continue following their dreams.

Narrating the challenges they continue to face, Muloshi said some people see modelling as an odd style.

“I attended a competition in the Gambia where only one competitor was a hijab, and some people see that as odd. I believe that’s why she didn’t win in the end,” she added.

The hijab models agency CEO noted that if other countries are embracing hijab why not Gambia?

Through her young platform, Muloshi is now offering modest training, advertisement, consultancy, and pageantry event for young people.

“My agency offers exercise such as catwalk, training, consultation & mentoring, and good behaviour,” she added.

Like many other young entrepreneurs, Muloshi said they are facing a lot of obstacles ranging from criticism, and financial hardship among others.

She mentioned that her vision is to expand her Modest Modelling Agency to reach the international level, as her dream is to organize modest fashion shows around the world.

For Muslim women, the hijab serves as an identity that reflects their modesty and strong beliefs, or what is called “imaan”.

OPINION: Hypocrisy is shaming the regression of this country at all levels

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By: Matida Jallow

There is no doubt that if Mayor Talib Bensouda had failed woefully they would have associated this failure with the party, as UDP is still being blamed for Barrow’s presidency. Now that Talib Bensouda exceptionally performed in his first tenure, they want to reduce this to his personal contribution without mentioning the party that nominated him in the first place.

Why is it difficult to consider the successful delivery of Talib Bensouda as a true reflection of his party’s commitment to serving the people? In fact, all the UDP mayors and chairmen did well in their first term. What is being said about Talib Bensouda in terms of his delivery is true in the cases of Rohey Malick Low, Landing Sanneh, Modou Lamin Bojang, and Foday Danso. This explains why both Rohey and Landing were re-elected while both Foday and Bojang were defeated thanks to tribal politics in URR and NBR. No wonder Mr Bojang’s contender in the Kerewan Area Council Papa Tunkara attested to the performance and moral competence of Mr Bojang on King FM.

Thus, the first tenure of these UDP mayors and chairmen was marked with decency, moral competence, professionalism, development and commitment, unlike the NPP-backed chairman of Brikama Area Council, Mr Sonko, who has set a record of moral incompetency as a chairman.

Is it a coincidence that these UDP mayors and chairmen delivered to the expectations of their people? Why can’t the credit be given to the party instead of one particular individual? Are you suggesting that these mayors and chairmen operated in isolation of the policy guidance of UDP?

By the way, UDP has the opportunity to turn all these councils into political bureaus and to use their revenues for the party’s political activities as by APRC before them. Since such things never happened, UDP should be given credit for changing the operations of local councils.

Anyone who closely monitors the performance of UDP MPs would find that they are exceptional in that legislative chamber. Without their resilience and firmness, Barrow would have turned this country into another failed state.

Therefore, the performance of Talib Bensouda and others cannot be imagined in isolation of UDP, as in the case of UDP MPs.

Thus, instead of suggesting that Talib Bensouda should be the flag bearer of UDP, you recommend that UDP present someone who has a similar interest like Talib to take the country forward. However, insisting on Talib only suggests more than what you people are actually stating.

If anyone wants to join UDP or to vote for the party’s candidate in the next presidential elections, his or her decision should not be conditioned to the candidature of a particular person, as if no one in the party can equal that particular person. More surprisingly, such a suggestion is coming from people who label UDP with all negative names.

If we want this country to move, we have to be honest with ourselves. Unnecessary hatred of a party member who sacrificed and continues to sacrifice everything for the salvation of the country would only benefit those who are only interested to divide us along tribal lines and to loot the scanty resources of the country for their own enrichment, while we will continue to suffer under their watch.

An open letter to President Barrow

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Dear Mr. President, 

If I write to you about the current situation of our country, will you read? If I speak to you about the direction our nation is heading, will you listen? If I tell you what our people are going through, will it soften your heart? If I tell you about the pains and sufferings of my people, your people and our people, will it be enough for you to do something? 

Greetings from this nobody who voted you into office from where it all began – at a time when we knew so little. We could not see beyond salvation from tyranny, bigotry, tribalism, dictatorship, torture, and extra-judicial incarcerations and killings. We went to the polls and entrusted you with our nation because we had little a choice but to trust you despite how little we knew you. We looked up to you and hailed you as our messiah. You gave us your word that you were just going to be a transitional president; you told us the three years was what you would stick to, but little did we know you would never be better than your words. You took our power and use it against us; you chose the Constitution instead of your moral duty to keep the promise you made to us. Despite all that, we remained calm and supported you to complete the term. After five years of struggle, we put you back in office because of circumstances beyond the control of most electorates. We sat hoping to see the trend change, but unfortunately, it kept escalating.

Let us face it now; Mr. President, your silence is killing; your inaction is unconstitutional, and [the way] you handle the suffering of innocent Gambians. Gambia has become a country where the cost of living is penetrating the skies. Imagine waking up one morning and discovering that the prices of bread, rice, oil and other basic food items have sky-rocketed by over 40%. Imagine waking up one morning and finding out that your transportation cost spiked by over 100%. Imagine waking up one morning and your landlord tells you from the distance, “hey! I have doubled the rent of this house. If you cannot afford it, you look for somewhere else?” As a father, who is employed by your government on wages that can barely get him food for a month, he must meet his professional obligation of reporting to work even if it takes spending 50% of his embarrassing salary on transport, he struggles to feed, shelter and school his children while the tax he pays is used to pay you handsomely, clothe you elegantly, feed you nutritiously, protect you highly, house you heavenly, and school your children lavishly. The same system that is supposed to be regulated by your constitutional orders and powers is affecting his mental health badly, taking away his happiness completely, frustrating him uncontrollably, depressing him deeply and killing him slowly. He would have no choice but to beg or worship people just to survive. If that fails, he will inevitably steal from us as a nation just to make a living. Hence, corruption and bribery become institutionalized. If no one is informing you rightly, Mr. President, I am doing it for absolutely free.

Moving to the road traffic accidents causing countless untimely tragic deaths of people, it saddens me to know that almost every week a person suffers, in The Gambia, from road traffic accidents. The last time I checked the literature, it was indicated that the Gambia’s roads are safer than that of only seven out of the 195 countries in the world today. Mathematically, this means that approximately 96% per cent of the world’s population is safer using roads than Gambians are. A lot of manly men and industrious women lost their lives, and their only crime was using our roads. Your Excellency, this is another urgent matter that needs timely intervention to flatten the curves on the statistical graphs of this undesired data.

Your Excellency, the current state of our nation, is affecting our productivity. High attrition rate: all the talented young people of this beloved nation are moving abroad to use their knowledge and skills for better pay and enhanced conditions of living for themselves and their families. This emanates from the lack of hope for meaningful employment opportunities with above-average job satisfaction. As a result of the poor quality of life, the number of senior citizens developing hypertension is escalating; and the figures of working group people that die preventable deaths are alarming. These effects put further pressure on our health system and depress our economy. Your Excellency, your effective intervention, will serve as a beacon of hope for our beloved nation, The Gambia.

Your Excellency, I do not intend to disrespect you even though writing to a person in power about serious national concerns in this country is considered disrespectful, what I want us to achieve together is a better Gambia- a Gambia where the government governs the people, and not a few groups of business owners ruling and exploiting the masses; a Gambia with not just a constitution, but enforcement of the law; a Gambia with price control, rent regulation and traffic monitoring; a system that will make you leave a legacy, rather than a miserable history. Therefore, I am your well-wisher.

Your Excellency, the situation is becoming increasingly unbearable, and the opinion of the public is swaying fast from your direction. I understand you are a peaceful person, but if your definition of peace is to leave every citizen to do as he or she pleases, then there is a fundamental problem. Therefore, it is time to put a stop to the looming household ‘foodlessness’, national ‘youthlessness’ and societal ‘houselessness’. These devastating situations, if not mitigated, have the potential to break people, rob them of their sanity and patience, kill their hearts of humanity, and reform them into ruthless revolutionary movements that no power in the world can tame. Your Excellency, prevention is better than cure. I wish these words do not run down the drain. Long live!

Yours faithfully,
Ousman Sparo Touray.

Spotlight: Young prolific poet set to launch ‘The Scorpion’ anthology

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By: Muhammed Lamin Drammeh

Known for his flair and appetite for writing, prolific young Gambian poet, Momodou Sey, commonly known by his moniker name as 𝐓𝐇𝐀-Wordscraft, is set to launch his maiden literary work ‘The Scorpion’, a collection of 30 poems centred on cross-cutting national issues including the new pattern of activism in the Gambia at the weekend as he moves into the realm of literary authorship – a voyage, which for the poet, aims at changing issues and turning wrongs into rights.

Over the years, the 23-year-old has crafted a name for himself as one of the most fascinating emerging young writers in the country with enticing, stylish writing. A poet, an essayist, and a budding literary scholar, SEY’s aptitude in writing has garnered considerable attention.

A final-year English Language major at the University of The Gambia, the young poet is about to begin his authorship journey on the weekend, a path that is expected to be long trekked holding a pen with a vast potential to make an impact through writing.

MOMODOU SEY’s INSPIRATION FOR WRITING!

Born on the 4th of January in 2000 in Albreda in the North Bank Region, Momodou Sey developed a contagious passion, appetite and knack for writing at a very tender age.

According to him, his dear mother instills the spirit in him to write as far back as in 4th grade.

“My mother instilled the courage in me to write as far back as in my Grade 4 where she was serving as the Women Club President of my village and most of their literary recordings were done by me.

“Another aspect of my inspiration for writing draws from the exposure I had as an Arts student in my senior school days and interacting with different literary materials. I developed a strong passion for writing, especially poetry. Again, this transcends to my university too, where I’m currently reading the English Language as my major,” he explained to this medium.

Sey may have traced his steps into writing back to his grandfather. He hailed from a literary family. His grandfather, according to him, was a prolific and influential reviewer of Islamic texts who spent the greater part of his life preaching Islam through writing. He grew up watching his grandfather closely when propagating Islam through writing.

Momodou Sey has been writing ever since. In 2015, when he was at Kuntaya Basic Cycle School, he won the National Essayist championship of the Gambia Postal Service Company Upper Basic School competition.

ABOUT THE BOOK

The Scorpion is an anthology of 30 poems with a unique, fascinating and societal-related theme. According to the author, the book seeks to repel the minnow stance of the country’s authorship role in the arena of literature. It is an embodiment of a symbolic configuration of the country’s sociocultural descriptive to sting a reposting identity. The author, himself a social commentator, uses poetry to convey salient national issues. The book covers other thematic aspects including the theme of love, death, politics and the new pattern of activism in the country.

The book will be launched on the 27th of May at the Regional Educational Directorate 2 in Brikama.

In Communion with History: Of Lady Fanta Basse, Of Sir Farimang, Of Love and Oral Traditions

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Photo: Lady Aja Fanta Basse Sanyang and Sir Farimang Singhateh, Courtesy of the Singhateh/Jawara family.

In Communion with Lady Aja Fanta Basse. While researching my ‘Communion with History’ series, I discovered that Lady Fanta Basse, the first Gambian-born First Lady and wife of the last Governor General of the Gambia, Sir Farimang Singhateh, is alive and currently residing in Bakoteh with her family. This piqued my interest, so I reached out to a couple of journalist friends to inquire if they knew anything about her or if they knew anyone who had interviewed her. However, they all responded that they had no information on her, and some were even unaware of Sir Farimang’s role in our nation’s history, let alone Lady Fanta Basse’s. 

Nonetheless, her granddaughters kindly facilitated a FaceTime call, allowing me to be in the presence of the first Gambian-born First Lady — a political activist from an era predating the social media phenomenon. Lady Fanta Basse, a woman older than my nation by a whole generation and then some, informed me that while she couldn’t recall the exact year and date of her birth, she was born in Georgetown, McCarthy Island, as she referred to it, to Tenengba Conteh and Banding Sanyang.

As a researcher, I came fully prepared, having conducted extensive research on her years as a PPP stalwart, political activist, philanthropist, and First Lady. Following the Western tradition of structured interviewing, I was trained to prepare questions in advance and adhere to the script — asking questions and expecting answers, then following up to clarify any discrepancies or significant points. However, during my conversation with Lady Fanta Basse, she reminded me of the beauty of oral traditions, specifically praise-singing, as a means of narrating history. The First Lady illuminated this age-old tradition, breathing life into history.

The Importance of Praise-Singing and Oral Tradition. As the conversation progressed, I set aside my prepared questions and let Lady Fanta Basse guide the discussion. She enthralled me with her rendition of “Farimang Singhateh, Kambano Nata: Kodo Keta Sang-jio Tee” (Farimang Singhateh, the young man, has arrived — money has turned to rain). Through our conversation, I discovered her deep affection for her beloved husband, Sir Farimang, evident in her recollection and performance of praise songs dedicated to him. It was a language of love, a captivating blend of spontaneity and tradition. Despite the weight of memory and the passage of time, there were things she could express through song that she found difficult to articulate, compelling me to decipher meaning and read between the lines of her melodic stanzas.

Interwoven with the praise-singing for Sir Farimang, Lady Fanta Basse would intermittently reminisce about their life before moving to the State House when “the Queen of England” appointed Sir Farimang as the Governor General of the Gambia. She recounted their time in Georgetown prior to the grandeur and ceremony, as well as their family home on 48 Grant St., Banjul.

“Farimang Singhateh, Kambano Nata.” By the time I interviewed the First Lady, she was already a nonagenarian, burdened with the weight of memories that come with her age. However, she vividly recalled various aspects of Sir Farimang’s life, most of which were passed down through oral tradition — praise singing and poetry. For instance, she explained how the youth of Georgetown revered and admired Sir Farimang, recalling the chants and songs they would sing for him.

While I didn’t need anyone to emphasize the importance and necessity of praise-singing and oral tradition in storytelling, as it is arguably the oldest form of history, a reminder is always valuable in our world of ivory towers and modern modes of communication for preserving historical records. Drawing inspiration from the brilliant composer and poet Muhammed Fairouz, I would assert that Lady Fanta Basse reminded me of the timeless presence of praise-singing and oral tradition in human existence. It has accompanied humanity since time immemorial, entwined with our society from the very inception of our journey.

Separating praise-singing and oral tradition from societal aspirations — the utilitarian uses of singing in our cultures, be it marching off to war, celebrating the harvest, serenading loved ones with “Farimang Singhateh, Kambano Nata,” or lulling a child to sleep with a lullaby-like “Ayo Neneh” — is, therefore, ahistorical. Thus, through this communion with history and the remarkable Lady Fanta Basse, I was reminded of the inherent storytelling nature of our lives, connecting us to the past and future of our society, transcending the tumultuous present.

This conversation left me with a renewed appreciation for the importance of praise-singing and oral tradition as powerful and necessary tools for preserving history. It reinforced the central role of oral tradition in African history and its resilience in upholding itself through praise-singing.

For Posterity. It is my hope that our society, encompassing our education system, national television, and radio, will undertake the study, preservation, and widespread narration of the lives of such important individuals in our society, documenting their stories for posterity. Unfortunately, The Gambia is one of those countries where the stories of its first native-born head of state and the First Lady have been obscured by time and imagination, largely absent from our collective memory and history books.

Thus, as I highlighted in the initial piece of the “In Communion with History” series, my journey of discovery, research, and storytelling is an endeavour to document and catalogue not only my personal history but also that of our society for future generations. It places me in conversation with both the living and the deceased, connecting the present generation with those preceding it and those yet to be born.

Farimang La Muso Nata. Throughout our conversation, Lady Fanta Basse, like many of our elderly, prayed for my well-being. Now that she belongs to the ages and can no longer offer her prayers, it is incumbent upon me to return the favour. Therefore, may Sir Farimang warmly welcome Lady Fanta Basse to the highest realms of heaven with the evocative words, “Fanta Basse, Farimang La Muso Nata” (Fanta Basse, Farimang’s wife, has arrived).

So Long, First Lady. My heartfelt condolences go to the Singhateh/Jawara family, particularly her granddaughters, Chilel Jawara and Fanta Jawara, who graciously organized and facilitated this meeting with their remarkable grandmother.

Rest in Peace and farewell, First Lady — Godspeed!

Sulayman Njie, PhD

Dallas, Texas

05.18.2023

16 Years Later, The Gambia Returns to the FIFA WC Today

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By: Muhammed Lamin Drammeh

In June 2007, when the Gambia first participated in the Under 20 FIFA World Cup in Canada, none of the current players in the team was above the age of five, and today in Mendoza, Argentina, The Gambia will return to the FIFA U20 World Cup after 16 years of waiting when the young Scorpions face Honduras in a curtain-raiser to their World Cup journey in Argentina.

Guided by a soft-spoken coach, Abdoulie Bojang, both in Mauritania for the WAFU U20 competition and a historic U20 Africa Cup of Nations in Egypt, the young scorpions are on the verge of setting a record on the world stage in Argentina provided that they pass the round of 16.

Speaking to The Fatu Network earlier last month after the group stage draw, coach Abdoulie Bojang said it was a fair draw, noting that the team has been prepared to face any side in the World Cup.
This was corroborated by prolific striker Adama Bojang, who was equally okay with the grouping.

In June 2007, a group of players fancied by my many Gambian football commentators as the golden generation of the country’s crop of players, the young Scorpions stunned the world with a mesmerizing performance in Canada. The team was led by prolific striker Ousman Jallow who recorded two goals in the competition and was the country’s top scorer. The Gambia crashed out in the round of 16 when they lost by two goals to one against Australia.

WONDER KID BOJANG EYES GOLDEN BOOT

Speaking to The Fatu Network ahead of the FIFA U20 World Cup in Argentina, Bojang revealed that his target as an individual is to be part of the leading scorers in the competition, with a dream to end the competition as the outright top scorer.

“My target,” he revealed to The Fatu Network is that “I am dreaming of being part of the leading goalscorers and eventually winning it, which will be exceptional for me going to the World Cup and winning the golden boot,” he voiced.

Known as the ‘Gambian Hurricane’, the 18-year-old prolific goalscorer had an impressive U20 continental competition in Egypt where he set up a national record by scoring a hat trick against South Sudan in the quarter-final of the competition, a performance that ignited attention from top European teams.

Much attention will be on him in the competition.

A Massive PLATFORM FOR THE PLAYERS

Like it did the 2007 generation of Ousman Jallow, Abdoulie Ken Mansaly and others, the competition will likely be a gateway for many of these youngsters to a professional career. Some of them are already in the books of European teams and many will be a target of several teams.

Players like Alagie Saine, Mamin Sanyang, and Ebrima Singhateh are in the books of European teams. Fortune FC’s Moses Jarjue has already signed for a Ukrainian team and will join them after the World Cup. Mahmud Bajo, the hard-tackling midfielder, is expected to sign a professional contract in the coming days.

The Gambia is grouped in group F alongside Honduras, South Korea and France.

The young Scorpions will open their campaign tonight against Honduras.

Editorial: For Gambia to live, the ego must die

Gambians have spoken through the ballot. In the just concluded mayoral/chairmanship elections, the electorates shared equally the country’s eight mayoral/chairmanship seats into two. They gave the ruling National People’s Party (NPP) four seats and another four to the main opposition United Democratic Party (UDP).

The opposition UDP won the top local council offices in Banjul City Council, Kanifing Municipal Council, Brikama Area Council and Mansakonko Area Council; while the governing National People’s Party (NPP) won the said seats in Kerewan Area Council, Janjanbureh Area Council, Kuntaur Area Council and Basse Area Council.

By order of hierarchy, the Banjul City Council and Kanifing Municipal Council, where the UDP won, are the biggest forces in local government dispensation in The Gambia.

In his congratulatory message to all elected mayors and chairpersons, President Adama Barrow said:

“Now that we have completed this cycle of elections, I urge all Gambians to now focus on national development and solidify the peace and stability of the country.”

The statement of the President is a call to enhance national development collaboratively. However, such a call would not be truly evident if the two big players fail to kill that feeling of importance and being in charge.

Mayors, chairpersons and councillors elected on the UDP ticket should see the need to use lobbying and dialogue persuasively and diplomatically in securing the required human, financial and material resources from the NPP-led central government to realize massive developments in their respective councils.

The ruling NPP on the other hand must not only accept defeat orally in the councils won by the main opposition. The NPP-led central government should always provide the needed financial and technical supports to the UDP-led councils as mandated by law. Also, the central government should willingly, wholly and practically transfer devolved functions to the councils. Devolved functions should be transferred with the required human resource and logistics.

Be it the central government or local government, whenever landmark development takes place, people benefit direct or indirectly, and the nation prospers. But when there is little or no positive development, the nation retrogresses and the people suffer. So, let the ego die, so that Gambia may live in peace and prospers.

Opinion: Learning lessons from the results of the Gambian elections

Over the past six months, The Gambia has undergone multiple cycles of voting, with each round bringing new developments and outcomes. The first cycle saw the incumbent president and the national people’s party secure a comfortable win in the presidential election. However, subsequent cycles of voting have seen the balance of power shift in unexpected ways. In the national assembly election, the national people’s party was able to secure a majority of the seats. However, they fell short of the two-thirds majority that they had hoped to achieve. This result set the stage for further political developments, as both the ruling party and the opposition began to strategize for the upcoming councillorship election. In the councillorship election, the main opposition party was able to secure a majority of the seats in urban areas and won the overall popular vote nationally. This was a significant upset for the ruling party and marked a turning point in the political landscape of The Gambia. Most recently, the mayoral and chairperson elections have seen the main opposition party continue its upward trajectory, winning most of the seats and popular votes. This article will explore the various factors that have contributed to this trend, including shifting voter demographics, changing political alliances, and evolving campaign strategies. By examining these factors, we can gain a better understanding of the complex political landscape of The Gambia and the forces that are shaping its future.

  1. NPP SHOOTING ITSELF ON THE FOOT.

One of the primary factors contributing to the shift in political power is the infighting and betrayals within the national people’s party. The party is plagued by several politicians who have been given unchecked power despite their inability to win support in their local communities. This has led to a situation where the party has alienated some of its core supporters and has even expelled members who could sway votes in their favor. The different factions within the party have competing agendas, often based on regional or ethnic loyalties, which further exacerbates the problem.

Another major issue is the behavior of the party’s leader, who also serves as the president of the country. In recent years, his rhetoric and public statements have been increasingly unbecoming of a head of state. He has launched personal attacks on those who disagree with him, and his responses to trivial issues have further eroded his standing among the people. The history of the party is also marked by a tendency to discard those who have fought for them in the past, in favor of new political allies who do not necessarily add value to the party or to the national development agenda.

  1. UPD’S RESILIENCE AND THEIR APPILING CANDIDATE

The United Democrats Party is undoubtedly the most prominent political party in the country with a strong national presence. In the last six years, the party has achieved remarkable progress, surpassing its achievements over the past two decades since its formation. The exceptional leadership of the party and the unwavering support of its core supporters have played significant roles in this success.

One of the reasons for the party’s success is its careful selection of candidates. The party has ensured that it fields popular candidates in most areas. They put forward people who are well-known by their constituents, and they run well-planned campaigns that leverage different media, especially social media, to reach the people. The party’s strategic use of social media has been particularly effective in mobilizing and energizing its supporters, which has contributed significantly to its electoral success.

The United Democrats Party’s achievements over the past six years are a testament to the effectiveness of its leadership, its commitment to the welfare of the people, and its ability to engage with its supporters. With its impressive track record and loyal following, the party is poised to continue to make significant gains and contribute to the development of the country.

  1. GAMBIAN YOUTHS AND THEIR ACTIVE PERTICIPATION IN POLITICS

One of the most remarkable changes in recent times has been the increase in youth voter turnout during elections. This is a significant shift from the past when young people were often apathetic towards political participation. The fact that more young people are now taking the initiative to vote is a positive sign for the future of the country’s political landscape.

The rise of youth participation in politics can be attributed to several factors. One of the most significant factors is the increasing awareness and engagement of young people in social and political issues. With the advent of social media platforms, young people are now better informed and more connected than ever before, which has enabled them to be more involved in the political process.

Another factor that has contributed to the rise of youth participation in politics is the changing attitudes of political parties towards young people. Many political parties have recognized the importance of young people in shaping the future of the country and have made efforts to attract and engage them in the political process. This has resulted in more young people occupying leadership positions in political parties and running for political offices.

ADVISE TO THE PRESIDENT

The President of any country is a symbol of unity and national pride. As such, every word spoken by the President should embody wisdom and prioritize the greater good of the nation. It is essential for the President to reduce unnecessary rhetoric and avoid engaging in petty disputes with others over trivial issues. The President must focus on the bigger picture and work towards achieving national goals.

To achieve this, the President needs to put his house in order. This means getting rid of politicians who do not add value to his political ambitions and the national interest. The President should surround himself with competent and trustworthy advisors who are genuinely interested in his success and the progress of the nation.

It is also time for the President to reach out to his political opponents and start working with them for the greater good of the nation. This would require the President to put aside any personal or political differences and focus on what is best for the country. The President should seek out and work with competent individuals who can help drive the nation forward.

In addition to working with his political opponents, the President should also prioritize the development of the nation. This means investing in infrastructure, education, healthcare, and other essential sectors. The President must also work towards creating a conducive environment for businesses to thrive, which would ultimately lead to job creation and economic growth.

WRITTEN BY

BAKARY S SONKO

STUDENT

TVER STATE UNIVERSITY- Russian Federation  (Bsc International Relations and Diplomacy)

NATIONAL RESEARCH UNIVERSITY; HIGHER SCHOOL OF ECONOMICS -Russian Federation ( Masters in International Management)

Email : [email protected]

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