Wednesday, April 30, 2025
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President Barrow is NOT interested to fight corruption

Put simply, corruption is the abuse of entrusted power for private gain. It comes in many forms, including public servants taking money or favours in exchange for services. In The Gambia, it involves politicians misusing public money or granting public jobs and contracts to their families & friends.

Corruption can happen anywhere: in business, government, the courts, the media, and in civil society, as well as across all sectors from health and education to infrastructure and sports. Participants involve anyone: politicians, government officials, public servants, business people or members of the public. Corruption occurs in the shadows with the help of enablers such as bankers, lawyers, accountants, real estate agents and opaque financial systems that allow the corrupt to hide their loot.

Under president Barrow’s government, the rising incidence of corruption scandals has helped to erode trust, weaken democracy, hamper economic development and further exacerbates inequality, poverty and environmental crisis. Exposing corruption and holding the corrupt to account can only happen if we understand the way it works and the systems that enable it: In January 2017, barely four weeks in office for the coalition govt, the managing director of Gambia Revenue Authority, Yankuba Darboe, was the first to burst in a ploy to be in president Barrow’s good books. It involves GRA without ask or need using collected tax revenue to purchase two brand new cars for the presidency. The resultant public outcry led to the said cars being handed over to GRTS. But it didn’t stop there – our problems only just began.

Weeks later, scandal broke out at GAMTEL where the leadership paid lip-service to leakage and waste in the [infamous] call termination sim card scandal. A senior government official told me at the time that the parastatal was losing one million dalasi (D1,000,000) every week amid the furore. The amazing thing, how cowardly, was the total lack of respect to rules & protocol by then management never cared to brief parliament and the press on the crisis. A lot of money was lost during that three month stretch; many had gotten rich in a most daylight robbery of the Gambian people – again, no police probe, nor any legal action against the culprits.

Next stop NAWEC – billions of dalasi was stolen from the national electricity and water carrier by former president Jammeh & his acolytes.

Shares were sold and resold, accompanied by millions in dividend payments without any (public) announcements. So, what is the fate of the cartel today? Has remedial measures flagged up by the Janneh Commission pertaining to the issue implemented? Despite the dark days of old, hope still reside on the vision & reform agenda under the new director general, Alpha Robinson.

To much appreciation – The EU Banjul office continues to work hard mobilising millions of euros to help stabilise the economy. The operational niceties on small scale development projects under fund for this new turn of events, although a slow burner in terms of job numbers, indeed is a welcome development. But even whereas funding came in the form of budgetary support on external debt, import cover has been enhanced. From the get go, ambassador Lagos has been instrumental, except for lack of foresight and ambition from the government.

Writing from a public-opinion perspective, one is at a loss as to naked corruption by the spineless bunch residing at the Department of Health. It has become ever apparent why The Gambia continues to fail against development set targets. Where is the police commissioner in all this to effect arrest on a most white collar crime?! You would think that our society and politics rotates on the idea that we are all in this together – utilitarian values so to speak – reflected in the goodness of a people powered government. Lack of transparency necessitate institutionalization of an independent anti-corruption Commission as a matter of urgency.

What concerns most is the implementation phase of the Janneh Commission report or the lack thereof. The advent of COVID-19 has succeeded to distract us off an adhoc set up by parliament, yet parliament seem so powerless to act upon its findings?! The National Assembly has to challenge & summon the Commissioners, show strong teeth impose its will on the Justice ministry. The ‘House’ still has the power to summon the president for questioning if ministers fail to provide satisfactory responses on critical issues concerning the status of seized monies, assets, cars, houses, and lands.

The blame, for now at least, shall apportion at the feet of a timid National Audit Office ( N.A.O), whom by the way one had heaped praise just recently. Its leaders ought to know that exception to the rule should NOT exist as far as remit or investigative reach is concerned, to include budgetary spending lines across the executive branch. While it is true that standards have slipped as opposed to what obtained in the Jawara era with respect to rules & regulations, do not be despondent.

Gambians should be reassured that most civil servants are morally good, ethically upright. Critics shouldn’t rush to paint the entire stream with the same paint brush, but for a spoilt rotten few, selfish as ever.

Under president Barrow’s leadership, the law has failed to prosecute blatant corruption cases, to have emboldened the appetite of would-be thieves ever too ready to profit on the taxpayer. The million dalasi question worth ask is why is the president still refusing to speak UP condemn corruption in his administration???

The writer, Gibril Saine, is based in the United Kingdom

Breaking news: National Assembly abandons planned session

The National Assembly abandoned its planned session today after the minister of finance failed to turn up.

The finance minister was supposed to table two requests, one of them on the revised budget expenditure and revenue.

The session has now been abandoned with the speaker of the house indicating they will not return until at least Tuesday.

This story is developing…

Extension of state of emergency fails to get enough votes sparking uncertainty

By Lamin Njie

The extension of the state of public emergency by 45 days failed to get enough votes on Saturday, sparking uncertainty around steps the Barrow administration would take in stopping the spread of coronavirus.

Justice Minister Abubacarr Tambadou on Saturday asked the country’s lawmakers to extend the state of public emergency which ends on Monday by 45 days.

But after hours of debate, the request failed to get enough votes. The final vote tally was 23-25, well short of the 42 votes needed.

It came as Justice Minister Abubacarr Tambadou restated to the lawmakers his initial stance that the coronavirus crisis is matter of ‘survival first and not about individual preferences’.

Justice Minister Tambadou had earlier told the lawmakers: “There is no doubt that the coronavirus otherwise known as COVID-19 continues to pose a clear and present danger to The Gambia and remains deadly.

“So the government needs to continue taking that will, among other things, break the chain of transmission in order to prevent a further spread of the virus and concurrently alleviate the consequent hardship that all of us may face.

“The government is aware that the measures which may be imposed as a result of this extension will affect our lives but like I said the last time I appeared before this August Assembly on this subject matter, this is now a matter of survival first and not about individual preferences.”

The vote has however failed for now and the lawmakers would return to the House on Monday when the current state of emergency would expire.

The Fatu Network understand the government would try to squeeze through a last-minute deal.

LAMIN J DARBO – COMMENTARY: CRC took the country on a tour de force on how not to draft a national constitution

As we enter the Paradise TV day on the Draft Constitution (the Draft), further observations on the document are in order.

From non-constitutional material packed into the Draft, to intra-document conflicts on the same issues, and between those the copy and paste of Kenya 2010, and the 1997 Constitution of The Republic of The Gambia (the Constitution), the Constitutional Review Commission (CRC) took the country on a tour de force on how not to draft a national constitution.

To start with, the whole of page 2 on “The Republic” and “Sovereignty of the people” can nicely fit into a one-line sentence. A surgical knife is needed to trim the Draft of its needless fat. Chapters III and V are more suited to the basic education curriculum than in a nation’s preeminent legal document.

Lest I forget, Chapter XVIII on the National Commission for Civic Education is another scandalous surplusage. Who listens to this kind of big brother outfit when the print and electronic media, and the WhatsApp, and other chat groups, are doing an excellent job educating Gambians about every facet of their national life, their rights as citizens, and on other human-interest issues.

Chapter IV is exceedingly porous and invites tremendous abuse of the nationality sector. No sensible nation manages its nationality system in such a cavalier manner. For example, section 15(3) states:- “a child of not more than eight years of age found in The Gambia, whose parents are not known, shall be presumed to be a citizen of The Gambia by birth”.

Unreal!

In the established serenity of our socio-political realities, there is no basis for this but it competes in the irresponsibility department with section 21(a) thus:- “An Act of the National Assembly may make provision for registration as a citizen of The Gambia of a person who, on or before 31st December, 2019, was born in The Gambia of non-Gambian parents if the person had, since his or her birth, lived in The Gambia”.

On intra-Draft conflicts, section 42 on “Protection of right to property” frontally collides with section 260(1) on “Land ownership” to the effect that “All land in The Gambia belong to the people of The Gambia collectively as a nation, as communities, and as individuals”. This latter provision introduces an ambiguity notwithstanding the clear command of section 42.

In the area of pensions, section 193 (1) states that Judges may retire at 65 years and shall retire at 75 years. However Judges are categorised as members of the public service (section 262) and public servants SHALL retire at 60 years (section 270). As members of the third branch of government, it is better to remove Judges from the public service rubric.

It may be that there is something every Gambia likes about the Draft but as a whole document can it be endorsed. Provisions that are supposed to be cohesive are pulling in different directions thereby adversely affecting the stability of the system.

May be its Kenyan engineers should be urgently summoned to stabilise the Draft for the CRC

On the demarcations, the Executive is headed by the President, the Judiciary by the Chief Justice, and the National Assembly, the direct ambassadors of the people, by an unelected outsider. Its pensions are also left for separate legislation when the President and Superior Court Judges are sumptuously catered for in the supreme law of the land.

The Judiciary was the constitutional orphan under the Professor but on the look of things, the Draft has shifted that status to the occupants of the impressive building on the immediate approach to Gambia High School.

I wish all a memorable Paradise TV conversation day on the Draft.

With malice toward none!

Lamin J. Darbo

On the Audacity of Fiscal Profligacy: Letter to the Minister of Finance (Part 3)

Honourable Minister and my dear brother,

I must start off by admitting my own sadness at having to write to you once more on this very bitter and discomforting subject. Surely it is not my intention to cause you so much discomfort but I have no choice but to proceed to the third part of this series due to circumstances beyond my control. This piece is actually occasioned by a commentary I read on your recent troubles with the National Assembly concerning the (now dirty) word, virement.

The commentary, that was made by your own friend, actually indicted you and vindicated our courageous NAMs who vociferously scolded you for your fiscal malfeasance.

Unlike people like me who are being wrongly accused (by your spin-masters) of holding ulterior motives against you, Sanna Darboe of SMD Policy Management Institute  cannot be accused of being your adversary; because he is your friend and you have been a dutiful client to him from your days as Managing Director at The Gambia National Petroleum Corporation (GNPC) to date, facilitating for him juicy contracts to train public officials like Higher Education Minister Badara Joof; surely, Badara might go down in our history as the most trained serving Cabinet Minister thanks to his insatiable desire for per perdiem, regularly flying to Dakar to be ‘trained’ by Sana.

Alas, I have no choice but to return to this matter concerning which you remain defiant, that you did the right thing and would continue to slice and dice our National cake as you see fit despite the umbrage visibly demonstrated by the legislative authority. The irony is that without the legal blessing of this same National Assembly, you would never have any mandate to dispense those public funds you have now held hostage. Therefore, I cannot remain quiet for the bards of reggae keep inspiring us and the muse must follow suit. It was the artiste Jah Mali who sang: “Lightening, brimstone and fire … your evil is taking root but we are here to expose the truth.”

The truth is bitter but it must be spoken especially in these very trying times of our national restitution and reconstruction process.

I  stated in part two of this series that, ordinarily, virement is not a crime in the budget implementation process. And so argues your own friend Sanna Darboe. In a long commentary published by Mansabanko online, the seasoned economist and former public official tried as best he could to sugarcoat the truth regarding your current debacles with the National Assembly. But just as is customary with the truth, press it into the deep waters as you might, it will resurface to the light of day like a cork in a river. After a long sermon, here’s your own friend’s conclusion on this matter and I quote:

“the magnitude of the coronavirus related expenditure required, would fundamentally alter the allocation of expenditure appropriated by the legislature and therefore, requires its approval … it is a supplementary appropriation that is needed. Emergency expenditure can be allowed through virement but must be regularized through the supplementary appropriation,”

Like I alluded to in the opening statements of this epistle, those of us speaking these inconvenient truths in the public space, do not necessarily take pleasure in doing so but it appears as if there is a sacred force speaking through us.

Your friend, Mr Darboe, took pains to go through a lot of verbiage before arriving at the inevitable conclusion in his commentary. He quoted myriad sources like world bank and bored his readers with a lot of prevarication but he had no choice but to utter the bitter truth at the end of his analysis. What he said is simple, you had no right to play with the appropriated amounts clearly set out in the budget. The proper thing to do was to go back to the National Assembly as suggested by the deputies and seek approval for a supplementary appropriation bill. But you are too wise and too important to go through that process.

Now Honourable Minister, please tell me what is the difference between what your friend said above and the contentions held by deputies like Honourable Ya Kumba Jaiteh and Sidia Jatta?

Yes, virement at reasonable amounts that would not alter the appropriated totals for the budget heads/ministries is understandable, albeit not ideal. But a deliberate butchering of the budget is unacceptable and unconscionable. Now why are you so defiant in this matter? Have you not read about the inevitable consequences of hubris?

Better late than never, you should just eat humble pie and head straight for the National Assembly with a supplementary appropriation bill. Do not just go there with a matrix of numbers to be approved. Please go to the Assembly with a revised Budget Framework Paper (BFP) because all of your assumptions in the BFP that explained the background and policy ethos of the 2020 budget have been torpedoed because of the new realities thrust on us by the macroeconomic consequences of the COVID-19 pandemic.

And lest I forget, what is the latest on the Banjul Breweries Company? Has this company not closed shop partly because of your unprecedented tax hike that rendered their operations unsustainable?

May Allah guide you and protect whatever is left of sound nature in our macroeconomic framework in these trying times.

Regards,

M. Sabally

Former research economist and National Budget Director, Momodou Sabally has undergone extensive professional training in macroeconomics and public financial management at the IMF Institute, the Central Bank of England’s Center for Central Banking Studies, Harvard University’s John F. Kennedy School of Government and holds a masters degree in Economics from Georgia State University in the US. 

On the Chronicles of Lambai: Exploits of the Great Sons of Salikenni in Gambian Politics

Touted for its deep political culture, Salikenni is described by pundits as the ‘University of Gambian Politics’. Also called Lambai-Moribolong, Salikenni,  is the 12th largest rural town in The Gambia out of Greater Banjul area, located at Central Baddibou District, North Bank Region of The Gambia.

The people of Salikenni had a deep sense of political consciousness before independence, and they are renowned for their ethos of self-reliance, which makes them stand tall in the history of Gambian politics.

The gallant political aficionados of Salikenni triumphantly proclaim the spirit of the rural town with a Mandinka proverb: “Niyeah Salikenni konoma, e’kata arwulu lakira leh”; which means, If anybody becomes so foolish as to become pregnant and intoxicated with hatred for Salikenni to the point of attempting to attack Salikenni, you give birth to that pregnancy in the next world; dead and buried.

The first chief of Central Badibou, Alkali Kekoto Dibba, was installed in Salikenni in 1893 – and ruled from 1893 to 1899. He was the ‘Alkali’ (head of village) at the same time. Since then chieftaincy in Central Badibou has been hereditary until in 1964 when Chief Mustapha Chaku Dibba was duly elected by the people, and had ruled from 1964 to 1969.

Historical evidence suggests that the people of Lambai played a significant role in the formation of PPP (the ruling party of the first Republic), and the struggle for Gambia’s self-rule. This led to a capture of political power by rural-based political movements as opposed to the political movements based in urban Gambia. However, urban-based United Party (UP) of P.S Njie, still enjoyed some support upcountry which made politics dramatic in Salikenni before independence.

Prominent among the seasoned politicians from Salikenni are; the former vice president Sheriff Mustapha Dibba, former cabinet minister Dr Momodou Manneh and former cabinet minsiter Dr Lamin Naffo Saho. These are men of impeccable character who served the Gambia selflessly, mainly in the PPP government.

Sheriff Mustapha Dibba, a son of Chief Mustafa Chaku, was PPP’s number-two and first vice president when the Gambia gained its republican status in 1970, while remaining as finance minister.

Dibba, was the first finance minister to balance a budget in the Gambia.

Sheriff, known for his no-nonsense disciplinarian style, resigned from the office of vice president when his brother got involved in a smuggling scandal.

With a forlorn tone VP Dibba wrote a resignation letter to Sir Dawda Kairaba Jawara. In a letter dated 15th September 1972, Sheriff wrote:

“In view of the circumstances on this matter, I have regrettably decided to resign from the office of Vice President, in accordance with Section 46(c) of the constitution with effect from today. In taking this decision, I wish to inform you that I have no knowledge of this crime when it was being committed, and that I wish to declare my innocence”.

The wise old man from Barajally accepted Dibba’s resignation but not without remorse. In a letter dated 15th September 1972, Jawara replied:

“With much reluctance I accept your resignation. I appreciate the dedication and high sense of responsibility to the Nation which has prompted this difficult decision on your part, and I can assure you that I have no doubts as to your innocence. I hope therefore in consonance with your pledge of loyal support for the Party and Government you will continue serve as Minister of Finance”.

The thoroughbred royal son of Salikenni left Cabinet but was redeployed by President Jawara to the foreign service. S.M Dibba, once described by the U.S. State Department as a future leader, was later expelled from PPP and formed his own new party, the National Convention Party (NCP) 0n 7th August 1975. In the following quotation from a highly credible source, I present the circumstances that led to Dibba’s expulsion from the then ruling PPP:

“The British high commissioner, J. R. W. Parker, stated that he had been informed by Eric Christensen (the secretary to the cabinet) that the atmosphere in the cabinet had become “intolerable,” with Dibba “constantly voicing his criticism of some of his colleagues and attempting to split off the others.” Parker further suggested that there had been rumours for some time that dissident groups were intending to form a new political party to challenge the PPP at the next general election and that some ministers believed “that Dibba was in touch with, or attracting support from these groups.” President Jawara also told Parker that Dibba had been seeking to take advantage of a general strike which had broken out on July 28 and that his “appeal was essentially to the hard-line Mandinka tribalists who wanted a dominant say in all the affairs of the country, to the virtual exclusion of other ethnic groups.” For his part, Dibba later claimed that his expulsion was engineered by three principal cabinet opponents: A. B. N’Jie, the minister of external affairs; Sir Alieu Jack, the minister of works; and M. L. Saho, the attorney general. Significantly, as noted, all three men were Banjul Wolofs” (Hughes & Perfect, 2006, p, 188).

NCP had gained support from Sheriff’s home region of North Bank, Kombo Saint Marry and Brikama, and places dominated by disgruntled migrants from Salikenni and other parts of rural Gambia who felt under-represented in Jawara’s cabinet at the time, and were dissatisfied with the difficult underlying conditions in Gambia. A corrupt political class, rising unemployment, heartless economy, sclerotic bureaucracy, a divided to distracted public, had gone untreated for some years.

Amazingly, the political landscape of Salikenni became fierce and interesting, when Sheriff lost a parliament seat in his home constituency of Central Badibou in 1982 to PPP’s Salikenni-born Dr Lamin Naffa Saho. The town became a house divided; some families sided with PPP, whilst big section held their ground with NCP.

The prominent politicians and opinion leaders in Salikenni during these historic years were Alh Karamo fatty of PPP, who later became the regional Chairman of United Democratic Party in 1996 after Yahya Jammeh overthrew Jawara and banned PPP. and a strong stalwart of NCP, Masaneh kuli-jarra Saidy Fatajo.

Masaneh Kuli-Jara, has for long been celebrated for his bravery and uncommon determination to salvage Gambia from colonial rule and maintaining social justice. He has recently been described by an avid connoisseur of our local political history former Presidential Affairs Minister, Momodou Sabally, as, “an interesting activist-cum-Political-rabble-rouser”. To date, the sound of his name brings back to life memories of Saliknni’s rich pokicitxalmpas which can never be fully narrated without mention of the dramatic name, Massaneh Kuli-Jara.

Breaking news: Gambia’s coronavirus cases rise to 22 as man and woman quarantined following their return from Senegal test positive for disease

A man and a woman tested positive for coronavirus on Monday pushing the country’s total coronavirus cases to 22.

“As of today, we have registered two new confirmed laboratory cases bringing the total number of cases confirmed in the country to 22.

“Both newly confirmed cases, a male and a female have been in quarantine for recently returning to the country from Senegal,” top ministry of health official Buba Darboe told reporters in Banjul moments ago, on behalf of health minister Dr Ahmadou Lamin Samateh.

IBRAHIM S CEESAY – COMMENTARY: The fate of Gambian students in Sudan

When one looks at the rising number of Covid-19 positive cases in Sudan, listens to the circulated videos from the Sudanese Minister of Health, then one must conclude that, over 175 Gambian students living in an unimaginable conditions are all potential carriers of the Coronavirus.

It’s very disheartening to hear the announcement made my Alhagie Modou Joof on the National TV that all Gambians will be evacuated in countries considered as hotspots within 48 hours and still know for the fact as a former executive of the union that, students in Sudan -who are left to die on their own- will be the last on the Government’s list.

These students are bonafide Gambian citizens whose parents are paying taxes without default and as such, they do not deserve to be given a blind eye. Doesn’t it echo to the Gambian authorities? “to prove man’s brotherhood”

These students will be working with Government as if they are asking for a favour but rather asking for their constitutional rights. We are forced to question if the values embodied in our National Anthem have no corresponding reflection in our lives as Gambians.

I visited some Gambians on Sunday the 3rd of May 2020 in Khartoum, and spent the night with them, I looked at the degree of danger they are expose to, I can’t be in silence anymore.

I spent the whole night observing and talking to some of these students and it hurts me to see people having no hopes to be rescued by their own Government, which is the continuation of the systematic discrimination of the Gambian Government towards the assumed second class citizens of the Gambia who are referred to as ARABIC students. The mind boggling thing of all is in Khartoum, Sudan, there are Gambian Christians and Muslims, girls and boys studying Medicine, Nursing, Law, Economics, Islamic sciences, Education, Sharia, Administration Engineering and so on, but all are treated the same as if the previous administrations and the current one have no hope in anyone studying in the Arabic language regardless of one’s specialty.

If any of these students happen to be a victim of this pandemic out of negligence and ignoring of their voices by our own Ministry of Higher Education, we shall hold authorities accountable for the degligency to our last breath. It is unacceptable and we would not relent to expose such discriminatory practices of the elite Ministry. #justice-for-all-or-for-none

Today, students from Sudan are in the front line of the socioeconomic development of the Gambia like any other Gambian graduating overseas, the likes Dr.Basiru Gai in health, justice Omar Secka in Judiciary, but who can forget the former minister of Higher Education Dr. Abubakar Senghore to mention just a few, thus they are in Education both Basic and Higher Education, Diplomatic core etc…, but the attitudes of the Ministry of Higher Education towards the Gambian students in Sudan is unacceptable and cannot be tolerated under our watch.

Let’s say all of them are Madrasa students -which is not the case-, does it mean whenever a group of Gambians decide to study in Islamic schools they must be deprived from their rights by their own Government whose primary responsibility is to guard and protect their constitutional rights?

As a final year Law student, when I look at article 26 (3) of the Universal Declaration of Human Rights 1948 which states “Parents have a prior right to choose the kind of education that shall be given to their Children.”

It is further mentioned in the Cairo Declaration on Human Rights in Islam Adopted and Issued at the Nineteenth Islamic Conference of Foreign Ministers in Cairo on 5 August 1990,

ARTICLE 9

(a) The seeking of knowledge is an obligation and provision of education is the duty of the society and the State. The State shall ensure the availability of ways and means to acquire education and shall guarantee its diversity in the interest of the society so as to enable man to be acquainted with the religion of Islam and uncover the secrets of the Universe for the benefit of mankind.

(b) Every human being has a right to receive both religious and worldly education from the various institutions of teaching, education and guidance, including the family, the lower school grades, the University, the media, etc., and in such an integrated and balanced manner that would develop human personality, strengthen man’s faith in Allah and promote man’s respect to and defence of both rights and obligations. And Gambia is one of the signitaries to the aforementioned declarations but why are we discriminating against our own sons and daughters, with the clear knowledge that it’s a violation of their basic fundamental Human Rights?

And for the records I’m speaking as a Human Right and a social justice activist and a Student as well in Sudan, not on behalf of The Gambian Student’s union in Sudan (GAMSUS).

How comes the Government of The Gambia both former and the current be sending thousands of dollars from taxpayers money to other Gambians in other countries with better conditions, but the Government needs to be BEGGED for 365 days to send $300 only for these students whose conditions are no secret to even the apparent blind Government of the Gambia? How do you have a Gambian in Morocco receiving in between $1200 to $900 with respect and to just send $300 to those Sudan after months of literally begging, emails and letters to the ministry can prove that. This is injustice at the highest form by the Government against it’s own citizens.

The student leadership continued months ago since the pandemic began, sending uncountable notifications about the conditions of The Gambian students and frequent demands for their stipends to the authorities but nothing has been done! #Justice-for-all-or-for-none

I’m looking forward to hearing the voice of the student’s leadership to continue demanding the financial support for these students in Khartoum during these difficult and critical moments in human history or to the total evacuation of all Gambian nationals who are kept in Khartoum for educational purposes but no longer doing that for the past two months.

If we can sit and watch our fellow countrymen and women suffer without doing anything to support, our patriotism and loyalty to the land we claim to be from MUST be questioned.

Thanks to everyone for the support!

Our voice can go beyond our imaginations but we can’t realise that until we speak.

The writer, Ibrahima S. Ceesay, is Khartoum based activist, pan-Africanist and a final year Law student in Sudan.

On the plight of Gambian students studying abroad: Letter to my president

Your Excellency and Chancellor of our first ever university, I write to you about a matter very close to my heart, the welfare of young Gambians studying abroad during this challenging COVID-19 era. I recently made a social media post urging your government to send financial assistance to Gambians currently studying abroad and I was informed that your administration had sent forms to Gambians studying in foreign universities, aimed at gathering information to start this process.

Certainly this initiative by your government is highly commendable. But then, again, we have a problem Mr. President. The initial feedback I got about this matter came from a Gambian living in Europe who is actually very happy that your government has started the process of granting support to our young ones abroad but she also emphatically states that she is not interested in the offer for the following reasons, in her own words: “The only mystery in the whole process is the lengthy questions asked on personal details of the said student to filled and send the form back to the Gambian Embassy in Brussels. The suggested Amount for support isn’t stated in the form, hence I wonder why the personal questions.”

Thereafter I received more messages through one of my social media platforms from other Gambians studying abroad who stated their own concern as follows “Many Gambian colleagues studying abroad are not keen to submit their names for the relief support. They asking for too many personal details that does not make sense. In fact the fear is that they will be used as statistics while the money is not even spent on those needy students.”

Your Excellency, why would your government be so intrusive as to making the disclosure of detailed personal information a requirement for your citizens in dire situations to receive money from their very own country’s treasury?

Are you not conversant with the Mandinka prober that ‘Moe buka a fo konko toe yeh taa e buloe koo?’ (No one tells a hungry person to go and wash their hands before they eat a meal)?

Surely, thousands of migrants who left their homeland in pursuit of better lives for their families are languishing in hunger and neglect in Libya, Italy and Spain. This is surely a blight on your government that actually admitted that your victory against the Jammeh administration was powered by Gambians in the diaspora. As if to further muddy up your own record regarding the group you call the 8th region of The Gambia (the diaspora), your government wants to play politics and data collection gimmicks with the welfare and lives of our students studying abroad?

Mr. President, how do you expect migrant-student-citizens of The Gambia to survive while waiting for data collection to be completed in a lockdown situation with no food, no insurance and welfare from their countries of residence. Truly this is not the kind of leadership these students expected from you when they strived and prayed to see you replace Yahya Jammeh.

Your Excellency, in addition to the clearcut case mentioned above, there is yet another category of Gambian students studying abroad who have been completely neglected by your foreign Ministry. Gambian students pursuing degrees in Islamic studies or even other professional disciplines in Arabic speaking countries seem to be rated as second-class citizens who do not deserve any support or attention from your government. Is this fair Mr. President?

There is a whole group of Gambian students in countries like Sudan numbering in the hundreds who have been completely left out in your Higher Education Ministry’s attempt to gather information (and hopefully render support) to Gambians studying abroad. Could this be an oversight or deliberate policy? How can we conclude that this anomaly is a mistake given the fact that your basic education Ministry deliberately left out the Arabic and Islamic students in their televised education programmes aimed at mitigating the loss of class hours occasioned by the current COVID-19 lockdown?

I rest my case, Sir, for the English saying is trite, “a word to the wise is enough .”

Thank you Mr. President and may Allah bless you and yours.

Momodou Sabally

The Gambia’s Pen

Rash movements across the civil service

I was left bemused by recent press release issued by government as to reasons advanced for rash redeployments of civil service personnel. A big breaking news story swirling idly to a smart device at hand behoves technological dominance in the world of politics today.

To put it mildly, the administration’s moves are quite unusual. Even while the head of state has authority to reshuffle the pack as he sees fit, an executive order should be judged purely on certain sets of criteria & etiquettes contingent on result-policy engineering. I felt that the changes lack those merits, therefore, an overstretched executive hand.
Apparently, the president went about tampering with the civil service stream slicing and dicing his way through specialist technicians sent packing to unfamiliar roles, or distant shores. A classic executive overreach, antithetical to the Ethics and Ethos of democratic rule.

By choosing to effectively sack & exile seasoned experts from the centre of gravity – for soft ball players at his beck & call – the president, in essence may have not broke the law per se, but has run counter to its spirit thereof. Surrounding oneself with ‘Yes Men’ to sing praises on the dear hail leader – does NOT develop a country. I stand here wrestling with my conscience on these difficult words – for the respect one attaches to the office of the president!!!

In the United kingdom, success within the civil service is premised on continuity with minimal interference. An element of professionalism runs high, with neutrality what it swears by. After a thorough recruitment process, junior entrants from the lower grades will move around in an effort to equip them new skills cross-department, certain (sensitive) areas of government. Confidentiality is paramount of course; that these talented graduates later specialise in one’s entry line as leading experts, thereby, institutional memory is kept in tact.

The Barrow govt, for reasons known to it, has developed a rash addiction to reshuffle experts from post without the need nor rationale. A smart govt would not have removed the foremost expert on international trade in the case of Permanent Secretary Dampha. Given that competitive trade is the bedrock of 21st century economies, and the cornerstone of success – how has that move help the country???

Worst of all came to be the removal of Abdoulie Nyangado, head of Strategic policy. The man is a raving technocrat with multiple years in leadership roles. His team, I learnt, is the brainchild behind multi-faceted development projects with partner institutions all over the country. Again, how does such a loss of talent help advance the country???

I thought Fatu Camara’s take on the affair summarised it best; as with the sacking of SSHFC boss, Manjang. The idea that people participate in government on the premise to take as much as possible from the system makes me very sad for our country. Sincerely, I hope the president will revise himself, rescind according – put interest of the country above his.

The Gambian people need to look inwardly, reflect on issues and the causes of poverty. The population seem so distracted, even when China continues to exert considerable damage on its conscience. But hey, the black appears to be its own enemy, unfortunately.

Fellow Gambians – As the month of Ramadan impresses upon the Muslim world, no amount of money gives solution to an everlasting life. Let each one of us rush to do as much good as possible impact upon lives of our nearest & dearest. Profound gratitude to frontline nurses & teachers dedicated to the national interest. More than ever, I stand very much inspired, reaffirmed in the service of country.

The writer, Gibril Saine, wrote from United Kingdom.

Darboe’s World Press Freedom Day statement in full

My Dear Compatriots,

Over the weekend the World Press Freedom Day and the May Day of 2020 were marked with the cloud of the Corona Virus Pandemic hanging over all us and without the usual fanfare and bonhomie of the past years. We thank all of you for the prayers you continue to offer our nation and our people in this blessed month of Ramadan at a time when like the rest of the world, we are experiencing unprecedented challenges.

The United Democratic Party reiterates our collective gratitude to the front-line health workers who are exerting maximum efforts under the constraints of limited resources to help contain a deadly pandemic whose full scope in our society is yet to be determined.

UDP continues to appeal to our government to ramp up their mitigation strategies in ways that reflect the gravity and urgency of this big challenge especially in the areas of expanded testing and upgrading of our severely under resourced health facilities.

UDP commends the efforts of the Private Sector, Civil Society Volunteers, the Gambian Diaspora, Individuals Businesses and Donors across the entire spectrum of our society within and outside of The Gambia who are reaching out to the needy with urgent relief supplies.

The need is great, and it would require collective collaboration and coordination; a sustained spirit of shared sacrifice and generosity to see us through this rough patch. Let us continue to be each other’s keeper.

For these reasons the UDP wishes to take the two occasions to salute all Workers and Journalists on the special days dedicated to them and to send out solidarity messages to the Leaders of the Gambia Teachers’ Unions, Commercial Trades Unions and the Gambia Press Union.

UDP is mindful that without the work of Journalists and the media it would be difficult to hold power to account. and without transparency and accountability the people will labour in vain. A free and vibrant press is essential to the health of high energy high democracy. Therefore, UDP calls on the Government to enact a Freedom of Information Act to ensure transparency and integrity in the management of Public affairs.

This Pandemic offers crucial lessons in the stark realities of where we stand as a nation both in terms of short- and long-term challenges when it comes to the basic needs of our people. The uncontested truth is that we are lagging far behind in most indices of human development. We must therefore begin to think about how we can better prepare our country post Covid19 in ways that lift our people out of cyclical poverty and all its attendant problems.

For example, we can look at agriculture as a sector where the vast majority of our citizens depend upon for their livelihoods. For generations and to date our farmers mostly rely on small subsistence farming; dependent on hand cultivation to survive, leaving them trapped in poverty and food insecurity.

This situation is made more acute with the uncertainties of global warming and its effects on rainfall patterns increasing the vulnerability of farmers who even under the best of circumstances survive on marginal yields.

The key to our success as a country is to get Agriculture not only for providing the needed food for consumption but also for business by giving it the highest priority in our national development objectives. We have the foundational expertise, the land and water resources, appropriate climate and crucially a youthful population that can start, sustain, and grow a modern, diverse, and innovative agriculture sector that can anchor our economy into the future. We must look beyond business as usual and ensure that we see Agriculture as a business and encourage our youths to go into agriculture as “Agripreneurs”.

A robust and technologically advanced agriculture initiative that is carefully planned and managed, the establishment of agro-processing zones in which we can support the entire agriculture value chain would revolutionize farming, revitalize rural communities, create steady year-round incomes for farmers and ensure food security. It would create a stable economic base, positively impact the overall health of the citizens as both nutrition and income levels rise.

That is why the United Democratic Party is committed to make this vital sector one of our highest priorities. We strongly believe The Gambia should follow through with the AU declaration that was signed in 2003 in Maputo requiring member States to allocate 10% of their annual national budgets to agriculture and rural development. That would represent a significant departure from the paltry less than 2% we are currently allocating.

We can and must do better by our farmers because we cannot progress unless we address a sector in which nearly three quarters of our people depend upon. Like other nations that have succeeded in transforming agriculture, we must think big, we must sacrifice in the short term, we must invest in our people and pivot from hard scrabble subsistence farming to something better and more suited to the needs of our people now and into the future.

I thank you all!

Ousainou ANM Darboe
SECRETARY GENERAL & PARTY LEADER

Breaking news: State Guard soldier Nuha Conteh ARRESTED

By Lamin Njie

Nuha Conteh, the soldier that fled under dramatic circumstances after opening fire at Kalagi Police Station has been arrested.

Conteh last Tuesday opened fire in the air at Kalagi Police Station as drug law enforcement officers attempted to search his bag. He then fled.

Petrified officers later retrieved cannabis from his bag.

The soldier, since identified as Nuha Conteh, has now been arrested.

“He was arrested this morning. We alerted our military police at the State Guard because we understand the soldier works at the State Guard,” army spokesman Major Lamin Sanyang told The Fatu Network.

Conteh was arrested at the State House as soon as he reported to work.

The Fatu Network understands Conteh would be transported to Fajara barracks where he would be detained.

DR ISMAILA CEESAY – COMMENTARY: The case for mass testing in The Gambia as number of cases surge

By Dr Ismaila Ceesay

To help contain the novel coronavirus, it is imperative for The Gambia to conduct mass community testing as cases surge in the small West African country. The decision of the Ministry of Health to embark on a mass sample collection exercise in the coastal town of Bakau, following some local transmission cases, has been lauded as the appropriate measure. As at Saturday 2 May, 2020, the number of confirmed coronavirus cases in The Gambia had risen to 17, an increase of 5 from the previous day’s figure.

Following the report of the first local transmission in the densely populated town of Bakau, it is critical to test, trace, track and isolate the infected until they can no longer spread the disease. This can only be achieved through mass testing. Testing provides us the window into the pandemic as it helps us understand the pandemic and its spreading pattern. This knowledge helps inform our interventions, containment and mitigation strategies. Mass testing also enables the government to identify and effectively target hotspots and vulnerable areas.

Therefore, we must ramp up our efforts to effectively communicate with citizens to ensure that they are fully aware of the benefits of mass testing. Unfortunately, we have seen resistance to testing within certain communities and religious groups in other parts of the world.

The Gambia reported its first confirmed COVID-19 case on 17 March. With the lowest number of infections (17) in the ECOWAS region, the country risks becoming a destination for COVID-19 refugees. Experts are yet to establish the reason for the relatively low number of cases in Africa and The Gambia in particular. However, this can be attributed to a lack of case detection, due to the limited number of samples collected so far – or perhaps the virus simply has not yet spread fully.

Be that as it may, it is important for health officials about to embark on mass community testing exercise in Bakau and, subsequently, other locations across the country, to be able to effectively communicate with the population, ensure strict adherence to social distancing guidelines and quickly identify and protect the vulnerable – particularly the elderly and persons with underlying or existing health conditions.

In the meantime, members of the general public are encouraged to continue complying with government measures and regulations, observe WHO guidelines and importantly, cooperate and respect health officials as they go about testing people in various communities.

On the politics of COVID-19 and food aid: The Barrownites have lost it (Part 1)

It is by now quite evident that President Barrow and his political protagonists (dubbed the Barrownites by a savvy observer of our politics) will never get anything done right in this country due to the litany of incontrovertible evidence they have given us to to support that thesis.

Yet one would have thought that they would be able to squeeze some lemonade out of the bitter lemons thrusted upon the country by the COVID-19 Pandemic. But even the opportunity presented by the Coronavirus pandemic has been soiled by the Barrownites due to greed and excessive desire to grab every grain of power within their grasp. Perhaps they do not know the wisdom behind the old saying “grasp all, lose all.”

While the one man unanimously referred to as his boss, Macky Sall, brought in leading opposition figures into his office for consultation and collaboration in Senegal’s fight against the COVID-19 menace, President Barrow remains ‘quarantined’ within the thick walls of State House only to make the occasional dull speech after the social media thermometer shows the red alert.

But one opportunity the Barrownites would not miss is the battle for food aid and its attendant advantages. After sitting by and letting individuals and political organisations take the lead in helping Gambians with sanitary gear and food items, President Barrow and his clique were sure to appear on the scene in classic Indian-Police Style: to arrive at a Bollywood crime scene when the criminals had already escaped.

After a questionable declaration of approval of D500 million as government budget for the fight against COVID-19, the Barrow Administration could not provide a clear breakdown as to how the funds would be used. When a leaked budget associated with the said funds appeared on social media, there was a line item for the purchase of condoms which irked the public. Then came the furore associated with the huge amounts identified for the payment of allowances to staff of the Ministry of Health. This further angered the public and then the Finance Minister stated that D143 million had already been spent on the COVID-19 fight; again the reaction from the public was an accusation of siphoning of the funds since there was no tangible evidence as to how those funds were spent when frontline workers still lacked the appropriate tools to work with.

As if the foregoing missteps were not damaging enough for the Barrownites, they floated a tender for the procurement of rice only for the supply to be presented to the public barely 24 hours after the deadline for the submission of bids. Clearly there was something fraudulent about this process. The contract was allegedly granted to a lady with blood ties with one of President Barrow’s close associates even though the lady had no proven record of dealing in rice.

An observer of the COVID-19 rice palaver made the following allegation that has been re-echoed in many quarters:

“Long term President Barrow Financiers Fatoumatta Jawara and her Brother Abubacarr Jawara of GACH mining and security were awarded exclusive rights to the Covid19 Rice procurement contract without going through the formal bidding process . This was done at the directive of President Barrow. This is another scheme to boost the coffers of his financial supporters prior to 2021. It’s also noteworthy to point out, this Same Abubacarr Jawara won exclusive rights to Sanyang Sand Mining Contract without any bidding process, unilaterally awarded via the President’s directive. See the pattern here?

“These two are NOT rice importers. They are now scrambling to buy the Rice from actual rice importers who never got a chance at winning the contract.

The Jawara siblings are now currently having issues supplying all the required rice because the importers are now trying to sell their rice to them at higher wholesale prices, which in turn is pushing them to sell to Government at 1,450D/50kg bag, 300dalasis over retail prices.”

Having bungled the timing, and muddied the procurement process, of the emergency food aid programme, one would have thought the Barrownites would be extra cautious and especially prudent in the distribution of the rice. But again they went ahead and showed clear signs that they will never act in good faith. The first known recipients of the COVID-19 rice package are groups clearly affiliated with the Barorownite’s political bandwagon, the Banjul-based group dubbed “Benno Japalleh Adama Barrow”, and members of the President Barrow Fan Club.

A little bit of subtlety would have helped disguise this malfeasance, but the Borrownites are not known for mental acuity. Take a look at the announcement posted on one of their platforms; the Barrow Media Empowerment Facebook page made this post on Wednesday, April 29:

“Today Wednesday 29 APRIL 2020 more than 1500 bags of sugar was given to the people of NPP in west coast region by the Secretary General and party leader of National people’s party.NPP. H.E PRESIDENT ADAMA BARROW. we are so proud of you as a leader.MR President.”

And this clearly politically motivated skewed distribution of the COVID-19 rice comes fast on the heals of some really vitriolic remarks uttered by President Barrow’s Vice President as she presided over the unveiling of the first consignment of the rice package. The VP had some really tough words for Gambian youths whom she described as lazy for not turning up to load and offload the rice. She asserted that the daily paid labourer’s job offered for the transportation of the rice was a good source of employment.

Momodou Sabally

Equality or exceptionalism: embedding preferential treatment in the Draft Constitution

As we continue to interrogate the proposed Draft Constitution (the Draft) in the tradition of public conversation, issues central to equality and the fundamental precept of the separation of powers are being partially considered in this instalment.

Although not a part of the justiciable constitutional text, the preamble would ordinarily constitute a true reflection of the letter and spirit of the document. In the extravagant claim of the incongruent first and second paragraphs of the Draft preamble, the people of Gambia “… having had the opportunity to express our views and aspirations on how we wish to be governed, affirm that this Constitution is the embodiment of our will and resolve for democracy … separation of powers … equitable distribution and use of resources, the rule of law, equality and observance of the principles of fundamental human rights and freedoms”.

In light of the above, I propose to examine separation, equality, and equitability.

The concept, now a firmly established constitutional principle across the democratic world is rooted in the simple if sublime proposition that governmental powers must be located within the legislative, executive, and judicial domains of a polity in a manner that keeps them “separate from, and independent of, each other as the nature of a free government will admit; or as is consistent with that chain of connection that binds the whole fabric of the constitution in one indissoluble bond of unity and amity” (Federalist 47)

That separation also entails the branches acting as checks on each other.

On the physical layout of the Draft, separation is arguably adhered to.

But the spirit and actuality of separation are smothered by an ‘animal farm’ tendency that accords differential treatment to the doctrine among the branches of government.
For example, in the Draft, the President is removed via an elaborate impeachment mechanism involving the National Assembly (NA) and the Judiciary. The role of the Judiciary may be regarded as a safeguard against legislative vandalism but considering that an impeachment process is exclusively a public function, it is improper to allocate decision making functions to participants outside the three branches government.

In that regard the delineated process may be faulty but at least all three branches are involved.

If the process of presidential removal in the Draft is given a qualified pass, how should a Superior Court Judge (a Judge) be removed from the bench given the democratic principle of separating power and its concomitant philosophy of checks and balances?

In the Draft, the removal of a Judge is a wholly internal process. What role is accorded the President is merely ceremonial, as in merely suspending or dismissing a Judge after a decision was reached by the Judiciary’s internal and largely collegial deliberations.

By section 194 (1) of the Draft, “a Judge may be removed for – (a) inability to perform the functions of his or her office arising from infirmity of body or mind; (b) gross misconduct or misbehaviour; (c) serious breach of a code of conduct applicable to judges; or (d) bankruptcy or entering into an arrangement with creditors”.

The removal process is triggered by either the Judicial Service Commission (JSC) on its own motion, or a petition to it by a member of the public. If the JSC is persuaded it petitions the President for the removal of the Judge who then issues a suspension within seven days.

Inside fourteen days of suspension, the President, acting on the advice of the JSC, “… shall – (a) in the case of the Chief Justice, appoint a tribunal comprising – (i) a judge of a Supreme Court or its equivalent in a country with a common law tradition and jurisdiction, as chairperson; (ii) two other superior court judges from separate countries with a common law tradition and jurisdiction; (iii) a legal practitioner of not less than twenty years’ experience with high moral character and proven integrity; and (iv) one person, not being a legal practitioner, with not less than twenty years’ experience in public service affairs and of high moral character and proven integrity.

On the other hand, if the target of removal is “… a judge of the Supreme Court, other than the Chief Justice, appoint a tribunal comprising – (i) the President of the Court of Appeal, as chairperson; (ii) two other persons who hold or have held office as superior court judges; (iii) one legal practitioner of not less than fifteen years’ experience with high moral character and proven integrity; and (iv) one person, not being a legal practitioner, with not less than twenty years’ experience in public service affairs and of high moral character and proven integrity”.

In all other cases “… appoint a tribunal comprising – (i) a judge of the Supreme Court, as chairperson; (ii) two other persons who hold or have held office as superior court judges; (iii) one legal practitioner of not less than fifteen years’ experience with high moral character and proven integrity; and (iv) one person, not being a legal practitioner, with not less than fifteen years’ experience in public service affairs and of high moral character and proven integrity”.

As delineated in the Draft, removing a Judge raises troubling concerns, not least because it must be held in camera.

In CAMERA!

The process turns the separation principle on its head. As a sovereign country, Gambia must not look outwards for direct players in removing its Chief Justice.

Why must Judges decide the fate of other judges in a process that excludes any participation by the NA? In Kenya at lease a role is played by the Speaker of its National Assembly as Chair of the Tribunal constituted to investigate allegations against a Judge.

Even this is unsatisfactory given the separation principle and its handmaiden of checks and balances.

The Judiciary must subject itself to peer-scrutiny involving the NA in removing a Judge. It is a more transparent process and concentrates the mind of a Judge who may be more inclined to prolong matters given the nicer environment of close door removal hearings.
Far more troubling than the internal adjudication of a Judge’s fitness for office is the issue of retirement benefits as stipulated in the Draft.

According to 195 (1), “a judge of a superior court shall, on retiring, be entitled to any gratuity payable to him or her and shall, in addition, be paid a pension equal to the salary from which he or she retired, if on the date of retirement he or she has served as a judge of the superior court for an aggregate period of not less than ten years”.

At 195 (2) of the Draft, “where a judge of a superior court retires with less than ten but more than five years’ service as a judge of the superior court, he or she shall, in addition to being entitled to any gratuity payable to him or her, be paid a pension equal to three-quarters of the salary from which he or she retired”.

In the event the above provisions are unmet, (195 (3) of the Draft states that “a judge of a superior court who has not satisfied any of the conditions prescribed in subsection (1) or (2) shall, on retiring, be paid such gratuity and pension as may be approved by the Judicial Service Commission”

“Aggregate period”!

In effect, a Judge can work a few years, go international, utilised the revolving door to return with a view to accumulating the requisite period for a gold-plated pension package nicely carved in the Draft for a Judge by a CRC headed by a Justice of the Supreme Court. It is akin to what is called the military industrial complex in US political parlance.

Is this not the very definition of conflict of interest?

If earlier assertions of conflict regarding the appointment of a serving Judge as Chair appear esoteric and remote, is this unjustified “aggregate” policy written into the Draft not a crystal clear provision that will directly benefit a member of the CRC?

As if the CRC was afraid of retired Judges begging at Tippa Garage or the Traffic Light on Kairaba Avenue, 195 (5) of the Draft stipulates that “a pension paid to a judge of a superior court in accordance with this section shall be subject to increases as the salary of a serving judge of the superior court of the equivalent level”.

What the separation principle envisages is the operational independence of judicial officers and hence the protection of tenure in its fullest sense.

If this kind of pension is available to a Judge, how about a National Assembly Member and all other public servants who served decades and contributed immensely to the economic development of The Gambia.

What country pays a segment of the public workforce gold plated pensions whilst a vast segment of pensioners in the same public sector is mired in penury.

And don’t tell me about challenging the obvious discrimination in Court as the Draft state that its “validity or legality … is not subject to challenge by or before any court or other organ of the State” (see 7(3) of Draft).

The pension issue belong in separate legislation and not a national Constitution.

We urge the Judiciary to work collaboratively on a fairer pension scheme for everyone.
What is presented in the Draft for Judges is not “equitable distribution and use of resources”

Why amend if the Draft ought to be rejected for outraging the conscience of a conscionable people through blatant preferential treatment arguably informed by conflict of interest.

An equal not preferential and exceptional Gambia!

Lamin J. Darbo

Genesis of Gambia’s current predicaments

By Abdullah Samateh

The coming to power of Mr. Adama Barrow as president of The Gambia marked the end of the darkest chapter in our history and revived hopes that a bright future was in sight. It meant a return to the ideals and values we hold as a people, but which remained elusive during the 22-year reign of Yahya Jammeh. While on the campaign trail, the then coalition candidate promised commitment to the restoration of those ideals and attainment of the nation’s long-pursued aspirations. No one at the time cast the slightest doubt on his determination to deliver on his promises. After all, Mr. Barrow was widely perceived as a comrade in the fight against oppression who experienced firsthand our tragic plight under the dictatorship. In short, Barrow was the living embodiment of the future the people envisioned post-dictatorship.

However, the dramatic events that followed his rise to power, culminating in the growing discontent the country is witnessing today, is a testament that this was a misplaced trust and a serious misjudgment of the man the people entrusted with their future. Today, the president that was once hailed as the people’s hero during the heydays of the coalition government is now widely viewed as the villain-in-chief. He stands accused of plunging the country into a quagmire of chaos and uncertainty, as a result of his incompetence and lack of political sagacity.

Indeed, Barrow is central to any gains made or loses incurred under his watch. Yet neither the gains nor the losses wouldn’t come to pass without the actions or inactions of other stakeholders. Logically, accusing fingers will be pointed at him as the Commander-in-Chief while political turmoil sweeps the country. However, other stakeholders should not be left off scot-free without being held accountable. In fact, one could argue that the missteps made by the coalition members and other influential players in Gambia’s political landscape have inadvertently invited the current predicaments. Their actions allowed Barrow a convenient space to work quietly towards the realization of his hidden agenda. These include the coalition’s failure to abrogate the Jammeh-era constitution sooner by expediting the drafting of a new one, the coalition’s disunity and subsequent disintegration, and the rise of partisan journalism in the new dispensation.

It’s indisputable that the coalition succeeded a regime that had left behind a legacy of bad governance, dysfunctional institutions, and a staggering economy. Thus, it came in with onerous burdens on its shoulder. In well-functioning democracies, the succeeding administration assumes office to build on the successes of its predecessor and move the country forward. In the case of The Gambia, the coalition had to clean up the mess it inherited and begin de novo. Under such undesirable circumstances, priorities should be determined by the urgency of the moment. Given that the Jammeh era constitution — the document that decides our fates — is fraught with loopholes, draconian and self-serving clauses, the coalition should have prioritized the drafting of a new constitution that reflects the true aspirations of the people and ensures swift justice for the victims of the previous government.

Whether the failure to do so was a deliberate move on the part of the coalition is debatable, but what is crystal clear is that President Barrow had a vested interest in delaying a new constitution.

During his 2017 meet-the-peoples tour, Barrow sent a veiled warning that the laws of Jammeh dictatorship, including the Executive Order, were still in effect and he had them at his disposal. To show skeptics he meant business, he embarked on a firing spree of cabinet members – mainly his coalition partners – senior civil servants, and a sitting member of parliament whose loyalties, he believed, lied elsewhere.

He must have acted out of firm belief that the dictator’s constitution empowered him to rule as he wished. Since then, he has committed numerous, glaring legal blunders in his quest to assert his authority and cling on to power. His actions have often sparked firestorms of outrage and created deep divisions within the country. Regrettably, Mr. President cannot be denied taking ‘controversial measures’ that are in line with the provisions of that constitution, even whereas they provoke public indignation.

Thus, a new constitution would have curtailed Barrow’s controversial powers, delivered justice to the victims and deterred corrupt practices. It might have even stipulated the transitional term to be served by him. In other words, a new constitution would have spared the nation much of the noise triggered by the president’s actions. Interestingly, that unique moment to draft our dream constitution presented itself while the coalition was still a united front. In fact, it’s public knowledge that the coalition had among its ranks the finest legal minds and renowned human rights advocates, who could have produced the people’s constitution within a short span of time. Its failure to identify this as an urgent priority and our collective silence have contributed to the emergence of the status quo.

Equally, the rise of partisan journalism in the new dispensation — precisely in the build-up to the legislative and municipal elections – is in my view one of the underlying causes of the existing situation. This was the period when the political climate became sharply polarized over the best winning formula the coalition needed to adopt. It was apparent that the coalition members were on a collision course. The traditional role of the Fourth Estate is to represent the diverse voices of the people and hold the leadership to account. Strangely, this core value of media profession came into the peripheral vision of ‘some’ media practitioners during that critical period of our history. They chose to act as the mouthpiece and frontline fighters of their party leaderships or those they sympathize with amid the political tensions. So, the tensions heightened and division took root since then.

Similarly, ‘some’ civil society members, who are prominent members or sympathizers of certain political parties, were seen to be representing the interest of their parties and, as a result, lost listening ears among their opponents. Their fiery rhetoric and constant criticisms of other political leaders, while sparing their own arouse suspicions that these organizations were being used by ‘some’ to attain political ends.

Consequently, instead of promoting convergence of views and preventing the coalition from disintegrating at that critical moment, they partook in exacerbating political animosity amongst the rivals. In fact, the level of mistrust reached a point that propositions put forward by one political party, however genuine and practical, were perceived by others as a premeditated move to score some political points. The principle that ideas should be gauged on the basis of their merits and not who advanced them was flouted time and again. This is how partisan politics poked its ugly nose into the politics of our transition period at a surprisingly early stage. One would have expected that the unity of purpose and pursuit of the greater good that brought the coalition to power would reign supreme throughout the transition, not partisan politics that took over almost from the start. Worse still, the same pattern of politicking continues unabated.

Finally, President Barrow was, at his election, a novice leader, who was devoid of political knowledge. But to give credit where credit is due, he never tickled our ears, if anything he was very forthcoming about his slender governing background. He allayed our fears, however, by assuring us that the country was in safe hands thanks to his coalition partners, including erudite scholars and seasoned politicians who would help guide us to the Promised Land. In essence, President Barrow unequivocally informed The Gambians that the country would be collectively run by the coalition members despite him being the president. His utterances were received by his colleagues with a silence of consent, without expressing reservations or objections. Thus, it would only be fair for the successes and failures of the coalition to be attributed to all the constituting members. Now that things have started to fall apart, if Barrow is blamed for plunging the country into chaos, his estranged colleagues should equally be blamed for dereliction of duty. We must not be oblivious of their role in the difficulties we are experiencing today. Remember, after the rift had widened among the members in the wake of local elections, some of his partners distanced themselves from the coalition. They then shifted their energy toward fishing for and exposing every misstep made by him without offering alternatives. Others continued to defend his actions; achievements and blunders alike, saying they wouldn’t abandon one of their own at any cost.

As we can see, the coalition’s failure to mend fences and rise above their differences created a virtual power vacuum that allowed Barrow and his loyal underlings to work towards the realization of his hidden agenda. As political rivalry gained momentum, Barrow reached out to enablers of the former regime and a coterie of other opportunists that were ever willing to do what they do best: grooming a dictator and plundering our meager resources. Barrow could have been denied the time and space to do the damage he has already done if the coalition members remained united.

Yes, hold him accountable for the terrible situation we have found ourselves in, if you must. But do not spare his coalition partners and other key players. They are equally guilty.
In short, our current predicaments are the result of a collective failure. And the situation calls for a thoughtful reflection on our own attitudes and approaches, putting aside our emotions and biases to see where we went wrong as a nation. If we do, we can avoid the recurrence of such mistakes including future Jammehs and Barrows.

The writer, Abdullah Samateh, is a Gambian academic resident in The Sate of Kuwait.

Parody of a revolution: Gambia gangster republic

Take it for granted or consider it as a very special case of criminality and low expectations, our revolution, country, and government is hijacked by ‘incompetently incompetent’ thugs. Believe it or not, our president by design or by default is refusing to lead. What standard did our government and president use to justify having uneducated, unsophisticated loud mouths like Henry Gomez, Siaka Jatta and Dou Sanno as government and presidential advisers? What threshold and qualifications did they have to meet before they were hired as presidential advisers? Or is it a matter of political compensation with our taxpayers’ money and lives?

As I began to write this paragraph, I felt warm tears dropping on the keyboards of my computer. I was crying. Really, I was crying not for myself but for my people trapped under an incompetent and insensitive leadership in the Gangster Republic of The Gambia under Barrow. The thought of the betrayal of the sacrifices of our forebears, revolutionaries that went to prison and lost their lives in the fight for better Gambia. For now, it is safe to say they died for nothing until we get our country and government back in good hands. It is the height and biggest insult to our common struggle for Barrow to choose to surround himself with idiots like Henry Gomez, Seedy Njie, Siaka Jatta and the list goes on and on.

Any country that has incompetent, brainless political hacks like Dou Sanno, Siaka Jatta and Henry Gomez as government and presidential advisers is royally screwed. The word ‘competence’, ‘qualifications’, and ‘leadership’ has been bastardized in New Gambia. Incompetent men are appointed to run ministries they have no competence to run. Just this morning, I have had to make a post on Facebook to ask my Gambian friends who the current Gambia minister of youths and sports is. Since the former minister of youths and sports Henry Gomez was booted out in a cabinet reshuffle, his successor has been eerily and disturbingly quiet. Very worrying for a minister of youth and sports who has not come up with any noteworthy initiatives for the youths and sports in our country. If he has, he has not been seen and heard to be doing so.

Former American president, George W. Bush described it as the soft bigotry of low expectations that has been bedeviling most of our citizens in third world countries. It shocks and saddens me to see the Gambian minister of health trending on Facebook because he declined to be part of the pilfering of Covid-19 response funds. Incorruptibility and proactive leadership is expected of leaders and holders of any public office. With all due respect, he should not be celebrated for being what he should be and doing what he should do as a minister. He owe us loyalty, competence, incorruptibility, and respect.

Ask an average Gambian and village why they support the incumbent president. Their answer is hundred percent sure and likely to be because they have a relative in the cabinet or because the current government brought electricity and pipe borne water to their villages. These are not privileges accorded to them but their rights. Few days ago, I received 1200 US Dollars from the American government under Donald Trump. I got this not because I voted for him but because he owe me this responsibility of care as my head of government and state in these trying times for everyone in the world.

Right this minute, poor Gambians are going hungry because our president does not care. The Gambians that are not going hungry are fed thanks to the generosity of private Gambian citizens that are marshalling resources on and offline to feed their fellow but poor Gambians. Gambians need to stand up and protest for their rights. Gambians need to stand up and protest for their government to use their tax monies judiciously to hire the qualified advisers and minsters to guide the running of our government. It is our government and our president. We voted for our president and government. We pay for our government to be run with our taxes, bilateral grants sought and given in our name and loans even our predecessors would still have to pay long after we are all dead.

Alhassan Darboe is a Gambian Communication scholar, consultant, and Real Estate businessman. He writes in from his base in U.S.A. He is currently a graduate student at Arizona State University’s Hugh Down School of Human Communication. The views expressed in this article do not represent the editorial position of The Fatu Network.

EBRIMA NYANG – LETTER: This is not the government we deserve

Mr President, it is incumbent on you to visit the past and reshape the present condition of the country. You have toured the four corners of the Gambia yet your words cannot be matched with your actions.

The Gambian youth trusted you implicitly as you were characterized as an honest, humble and God -fearing person but with time that trust has started eroding. Today we are facing instability with our future as we have to lavish on our hopelessness and once more sing the song of hope. There are none of your promises that you have heeded to give us a way forward.

We have seen the direction of your government in trying to separate the future of this country from the future of the youth. For the Gambia to realize its dream our future must be incorporated for a better system that will entrust us the youth with better responsibilities that will result in a developed Gambia.

Mr President, we expected you to embody the spirit of youth services that will recognize our valuable contributions as we have everything it takes to move our country forward.

Your government has failed to establish a resolute alliance that will empower the youth. Your 3 years have been marked with regret as the youth are relegated to nothing than a youth movement to complement your political ambition for another five years or more in power.

Are we always ready to be in the forefront of a convoy when those given ministerial positions are not more qualified than us?

When our own Ministry of Youth and Sports is not entrusted with youth to be empowered when our own affairs are discussed, when our own development is being outlined, when the country has more than 5000 senior secondary, college and university graduates every year. Are you telling me none of them is qualified to serve to the expectations of the youth of The Gambia when the major requirement is a Grade 12 certificate?

Mr President, our agreement was that the sea of The Gambia will be utilized to create more employment for the youth and today the same sea is being mortgaged to the European Union, Senegal and China.

Mr President, you promised to support us for a better and quality education. Why did you introduce tuition fees at the Gambia College when most students have the right qualifications but cannot afford the tuition fees?

How serious is this government?

Mr President, our parents have bigger dreams for us – that through hard work, motivation and great hope of a better future that we will provide for them, for us and for our country.

These are part of our duty as sons and daughters of our parents. They dream of a Gambia where one does not need to be rich to realize one’s dreams, where one that does not need to come from a particular political party to be given a position, where one should not come from a particular ethnic group to be given what one deserves.

Mr President, the Gambia needs to be injected with new blood that has the drive and willingness to open a new chapter that will shape the future of this country.

We have observed that your administration is defined by nepotism, mispriorities, incumbent power as a way to outplay the opposition, divide-and-rule tactics

Mr President, your legacy will be celebrated with what you build to transform our lives as a one-time president of the Gambia and not the future you wittingly or unwittingly paralysed. You have a solemn responsibility to see what will make us better to reclaim your 2016 promises to us.

The greatest legacy is to install a change that will allow the vibrant participation of the youth in developing this country.

We don’t need leaders who would only promise us about our future but to avail us of the right and decent opportunities to remake Gambia.
I acknowledge the efforts of the UDP for having Talib Bensouda as the youngest mayor, the former APRC government for having Momodou Sabally as the Minister of Presidential Affairs, Secretary General and Head of the Civil Service of the Gambia and the GDC for having the youngest National Assembly Member in the person of the Hon. Omar Ceesay.

These are efforts needed to be recommended and it is a good start and with the belief that the same start will be carried out by the opposition parties if they become the next government to set the pace for youth empowerment.

I long for better lives for my fellow youth and we still matter to those who believe in our capacity to change the Gambia.

The youth efforts in this Corona epidemic period have been, to some degree , commendable and despite the challenges let us never give up in building this nation for a good inheritance to our great grandchildren.

We have a nation to build and our collective efforts are required now and in the future.

Mr President, I regret to inform you that it is imperative to remove you from the presidency for the greater good of the youth and the Gambia.

Ebrima Nyang
Ass. Administrative Secretary GDC

On the plight of Gambians abroad during this COVID-19 era: Letter to my president

Your Excellency Sir,

This is the 7th letter addressed to you in this series themed “On the Realities of our Current Situation: Letter to my President”.

I know that these are tough times for all countries and resources are scarce; but sometimes it is the gesture of goodwill and sense of care more so than material resources that could alleviate the pain of people. Mr President you are yet to make any significant social support move to alleviate the challenges of Gambians even as individuals and even opposition parties strive day and night to give out detergents, rice and other essential consumables to citizens who pay their taxes into your coffers; you have been reticent at home but the situation of many Gambians currently resident out of the country is of critical importance and you need to be seen and heard about their welfare.

It is not news to you that we have tens of thousands of Gambians living abroad. Among this lot is a large group that lives without necessary legal documentation by no fault of theirs.

I know you have bashed Gambians abroad before by labelling them as “goat tails” but this is not the time for vengeance and political rhetoric. We are dealing with life and death matters and we don’t seek your intervention on personal grounds. You happen to be occupying the most powerful seat in our country and your bills are paid by our tax money. It is within this spirit that I address these matters of urgency to the attention of your food offices. A couple of days ago, I made a post on Facebook and I believe that you have read it or someone has brought it to your attention. In case you didn’t notice, here’s my appeal:

Your Excellency Mr President,

You are yet to lift a finger to help alleviate the suffering of Gambians regarding the economic effects of the Coronavirus and your state of emergency declaration.

So we don’t expect much anyway even though you are quietly sending bags of rice to your political supporters…

I just want to respectfully suggest that you think of the thousands of Gambians in Europe and other places who don’t have proper documentation to enjoy COVID-related stimulus support; and yet they have lost their sources of income due to the lockdown…

I believe there should be a creative way to support these people if the political will is there. These people have been supportive of your journey to power both morally and financially; and they have been supporting thousands of Gambians through the remittances they have been sending back home for years…

In these trying moments, can we act as a nation united and give back some support to these young men and women hustling in the diaspora.

Respectfully submitted for your kind consideration Sir.

M. Sabally

A few days after I made the above appeal, I got a call from a Gambian who travelled abroad before the COVID-19 outbreak but cannot come back to join his family due to current global travel restrictions. So we have another category of Gambians abroad who need the attention of your good offices and that of your Foreign Ministry bearing the name of this group I am taking about. Shall we sit and watch as our brothers and sisters suffer abroad. My concern on this particular situation was also launched on social media and I reproduce my thoughts on this hereunder for your kind attention:

… Gambians who travelled out of the country before the global lockdown are stranded and can’t come back to join their families…

Talk less of action, there has not even been a statement issued by Barrow and his clique regarding their plight.

Lest some ignoramus jumps here to say our country cannot do what others are doing, I will remind them that Jammeh did airlift Gambians from Libya when that country was about to go on fire.

President Barrow needs to DO something or at least show some genuine concern for the citizens of this country at home and abroad in these trying times…

#CantCageMe

Mr President, I hereby submit the foregoing appeals to your attention and that of your Foreign Minister for urgent action for the sake of Allah.

In parting, Your Excellency, I have a little suggestion for you to try: just before going to bed tonight, please close your eyes and imagine your son (who is currently living a luxurious life in America) being in Libya or the asylum camps in Germany during this tough period of lockdowns. How would you feel?

Our brothers and sisters trapped in the desserts and asylum camps also have parents and their parents voted for you to become President. You may also imagine yourself being in England right now and you cannot travel back home; meanwhile, amidst this state of emergency restrictions, your spouses and children sit at home at Mankamang Kunda (prior to your recent construction spree in that village); how would you feel?

And I can sure you, Mr President, that I love you; and the foregoing suggestion is not meant provoke you in any negative way. Creative imagination is a great key to problem solving and motivation. Perhaps the images and resultant energy from the prescribed mental exercise might be the needed impulse for you to jump off the comfortable couches of State House and get into action mode in these critical moments. Or perchance this might move you to sell off some of your real estate assets in Senegal and give the cash to your Minister in charge of Gambians Abroad to send some help to our young men and women in Agadez, Libya and the asylum camps of Europe.

Your Excellency, your silence is too deafening, please come out again; and this time, please talk to our brothers and sisters abroad; they too deserve to hear from you.

While wishing you a blessed fasting season in advance, please accept the assurances of my highest consideration and esteem.

Momodou Sabally

The Gambia’s Pen

LAMIN J DARBO – OPINION: The CRC was not constituted to engage in copious copying and pasting of any constitution

In an interview with The Fatu Network, the Chair of the Constitutional Review Commission (the Chair) failed to refute the charge that the CRC significantly plagiarised provisions of the 2010 Constitution of Kenya (Kenya 2010), at times lifting whole sections and transplanting them into the Draft of a proposed new Constitution for The Gambia (the Draft).

And this notwithstanding claims by the CRC that the Draft embodies views of Gambians garnered in an involved national and international consultation process with them.

Exclusive views of Gambians indeed!

Rather extraordinarily, the Chair of the CRC, a Justice of the Supreme Court, and potential next Chief Justice given the personnel dynamics of that Court, complained about theorising by those who failed to participate in the process.

His anger was palpable.

Was I worried?

Obviously!

In July 2018, I contended that the CJ or his designee should not chair the CRC as it was in conflict with the doctrine of the separation of power. I argued: “Even a rudimentary understanding of the doctrine of separation will substantiate the contention that this type of law making is not a core function of the judiciary and must therefore not be chaired by the CJ or his designee from amongst the ranks of the active judicial bench”.

I relied on the ECHR decision in McGonnell v The United Kingdom thus: “The Court thus considers that the mere fact that the Deputy Bailiff presided over the States of Deliberation when DDP6 was adopted in 1990 is capable of casting doubt on his impartiality when he subsequently determined, as the sole judge of the law in the case, the applicant’s planning appeal. The applicant therefore had legitimate grounds for fearing that the Bailiff may have been influenced by his prior participation in the adoption of DDP6. That doubt in itself, however slight its justification, is sufficient to vitiate the impartiality of the Royal Court, and it is therefore unnecessary for the Court to look into the other aspects of the complaint”.

The Chair’s rather powerful position in the judicial hierarchy requires that he displays appropriate sensitivity to persons and issues, especially persons likely to appear before him in one role or the other.

Be that as it may, I will plough on regardless.

Reacting to the interim Draft, I did say on QTV to the hearing of the CRC’s media chief that it suffers from plagiarism. In constitutional matters there is no distinction between theory and its definitional opposite. Undoubtedly they swim in the same waters and the courts’ work is the application of theoretical principles to a factual context of the dispute and what comes out, especially before a Supreme Court, may represent its philosophical leaning.
In the democratic world, the values protected in the public space are of universal application with the forerunner being the first ten amendments to the American Constitution, collectively known as the Bill of Rights. The modern source document in international public life is the Universal Declaration of Human Rights (UDHR).

Together they embody values chiselled out of the same stone and faithfully speak to the same culture. In that vein, there will always be coincidence of thought.

That coincidence of thought and similarity in values notwithstanding, the words encapsulating them must of necessity be different. Words are not mathematical calculations where several people working separately may have the same precise answers for pages.
For example, the following national and international instruments on expression encapsulate identical values but true to the sacrosanct terrain of originality, the wordings are different:-

1st Amendment to the American Constitution

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Universal Declaration of Human Rights (Article 19)

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

European Convention on Human Rights (Article 10 (1))

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

International Covenant on Civil and Political Rights (Article 19(2))

  1. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

African Charter on Human and Peoples’ Rights (Article 9)

  • Every individual shall have the right to receive information.
  • Every individual shall have the right to express and disseminate his opinions within the law.

Driving home the point, the Prado, and Pajero are both state of the art four-wheel vehicle models but Toyota, and Mitsubishi dug into their engineering skill and technical finesse to impose and maintain brand distinctiveness and originality of the final product.

Is it too much for the CRC to do its own drafting? Why must it copy and paste significant sections, sometimes importing whole Chapters of its Draft from Kenya 2010?

For example, Chapter III of the Draft, on National Values and Principle, coincides almost identically with Chapter II (10) of Kenya 2010. Similarly, Chapter V on Leadership and Integrity wholly mimics Chapter VI of Kenya 2010.

More disappointing than importing these two Chapters into the Draft is that they are not provisions that belong in a national constitution. In separate legislation perhaps but even here they may not measure up to the prophylactic structure built around of the fundamental freedoms against discrimination. I refer specifically to section 28 of the Draft whose infraction is dubiously designated a “violation of the Constitution” with all that entails.

However plagiarising is designated, be it ‘international best practice’ or ‘adaptation’, the CRC was not constituted to engage in copious copying and pasting of any constitution.

What happened to coincidence of thought expressed originally!

Gambia’s national pride should prevent it supporting this so-called Draft for the ages.

Lamin J. Darbo

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