Wednesday, April 30, 2025
Home Blog Page 90

Is UDP to be Blamed for Barrow turning into an Inept ‘Political Animal’

The Gambia has been dealt with a heavy hand in the arena of leadership. After a feckless, corrupt 30-year rule of President Jawara, under the patronage of the People’s Progressive Party (PPP), a new euphoria was welcomed with much excitement following a coup d’état by the Armed Forces Provisional Ruling Council (AFPRC), under the leadership of Yaya Jammeh in 1994. The young 29-year-old Jammeh, gave the people hope for a much better live. The excitement and the long yearning for change compelled Gambians to celebrate the new breed of leadership. Four months after the 1994 coup, another group of soldiers plotted a counter coup but failed. They were captured and one killing led to another. The need to cover-up those killings necessitated the silencing of anyone that spoke against the ruling government. Despite widely held belief that Jawara’s government was corrupted and failed to lay a proper foundation for the country’s infrastructural and human development, his government was democratic, and freedom of speech and association abound.

 

However, a small poor West African country like the Gambia was easy to win over with much needed construction of roads, a new airport, more schools, health centers and a first national television station. The Jammeh government constantly reminded the citizenry of these new infrastructure ad nauseam and the demand for gratitude. Anyone dared to remind the people that it was a right to have infrastructural developments and should not be seen as a privilege, would be jailed, killed or will abruptly disappear. Gradually, the democracy enjoyed by Gambians was hijacked in a systematic way unnoticeable to the majority. With a high level of illiteracy, it was also easy to convince the people that the leader that ‘had done so much for Gambians’ needs to be repetitively glorified. Oppression starts to creep in, and the press could no longer hold Jammeh’s government accountable as they would be risking lives, censorship or exile. Beyond journalism, thousands of Gambians were victims of state sanctioned Human Rights abuses.

 

Consequently, these illiberal practices continued for 22 years until the long-divided opposition challenged by the younger generation—most of whom had studied from the very university established by the Jammeh government and the instigation and full support of Gambians living in the diaspora, suggested the formation of a coalition. A convention was setup and the opposition voted a flagbearer that emerged from the United Democratic Party (UDP) to lead the Coalition in the 2016 presidential elections. UDP was the Gambia’s biggest opposition party and has been in existence since 1996. Earlier in April of 2016 one of UDP members, the late Solo Sandeng had been detained and died in police custody. This was as a result of a protest he together with other members of UDP youth wing organized in the streets of Serrekunda demanding for electoral reforms. His dead forced the party Leader Lawyer Ousainou Darboe and some other party executives to come out and demand for the release of Solo Sandeng, under the slogan: “Dead or Alive”. They were also taken into police custody and charged with ‘unlawful assembly’. The courts presided over by Justice Dada, one of Jammeh’s missionary judges found them guilty and on July 20th, 2016 were sentenced to three years in prison. Many agreed that this fueled the anger of a population with Jammeh’s regime and contributed to the spark for the youth uprising and challenging the opposition parties to form the coalition and reclaim the country.

 

Adama Barrow, a real estate agent and Assistant Treasurer of the UDP emerged winner at the convention and was bound to lead the coalition. Barrow who was described as humble with a modest personality reluctantly got admitted to his role to take on the brutal dictator in the 2016 presidential election. At the time of the election, a lot of Gambians were hopeful and confident; however, a good many were skeptical about the viability of the coalition because they believed the incumbent would suspiciously win the elections AGAIN. Essentially, Gambians in the diaspora through a lot of funding campaigns, financed the ‘Coalition 2016’ campaign and also convinced friends and families back home to vote for change. As election day gets nearer, it became clear even to Jammeh that Gambians were up for change. December 2nd, 2016, results were announced and Adama Barrow was declared the winner.

 

The Gambian political landscape was upended—ushering in a wave of excitement and jubilation. There was a lot of goodwill from the masses, people vowed to show relentless support to the new government. Democracy was restored and so was press freedom. A ‘New Gambia’ has been born, and this new dispensation seemed hopeful. From an inept, corrupt 30-year rule to a 22-year dictatorial rule, Gambians felt the need to take part in the governance of their country. With the help of social media, Gambians all over the globe are informed about the developments in their country.

 

Comments and critics begin to fill up the Facebook timelines and Twitter feeds. Everyone had a thing or two to say about the new government. Who should be hired, what new laws should be prioritized and what institutions should be disbanded or retained? The political discourse took center stage on every thread and those that felt they fought more than others thought more government positions belonged to them whilst others believed that everyone fought in their own different capacity. It seems like every week—there is something new coming out of the Gambia’s political sphere, sparking a myriad of online debates. Eventually, members of the cabinet and the diplomatic missions were appointed. A lot of people thought the allocations of these appointments only favored the UDP whilst the UDP felt that it was deserving of them to get those appointments because their party sacrificed more than anyone and the president came from their party. That led to a formation of two camps: one camp seeing the shortfalls of the government and criticizes it and the others thought the government needed time to settle in and ignored all red flags sans reservation. Many questions ensued, some even broaching and questioning if the appointments were for national interest or to reward party sacrifices.

 

Thereupon, the newly minted president started to feel comfortable because he felt he had the support of his party members and thought he could get away with much. The banter continues as the president indicated in an interview that he was not sure if he would step down after the agreed three-year mandate given to him and his coalition partners. Online critics heard the news and, as expected, took on their keyboards to call out the president on betraying the coalition agreement. Again, UDP members supported by their party leader—Ousainou Darboe—reminded people of the five-year mandate powered by the Constitution of the Gambia, alienating the coalition agreement and vowed to take anyone to court for insisting on the president to step down after three years. President Barrow ‘grew wings’ as described by his critics and revealing that his plans for the Gambia could not be completed within a three-year mandate.

 

Gambians went back to the polls to vote for their parliamentary representatives. Out of 53 seats, the UDP swept off 31 seats. Leaving the remaining 22 seats distributed among the other political parties and independent candidates. President Barrow as president is mandated to nominate an additional five national assembly members, including the speaker and deputy speaker. Most of his nominations again favored his former party as three of the five were UDP members or sympathizers. None of the coalition parties got nomination into the Assembly. Again, the two camps took on to social media to debate the landslide of the National Assembly (NA) Elections and the President’s nominations. The feud lasted for weeks with critics calling out the irrationality of the nominations and the UDP supporters continued to defend the president’s nominations. A couple of months later, these newly sworn in NA members were all gifted with a brand-new vehicle each from the office of the president. The President claimed the vehicles were donated by an unknown philanthropist who wished to stay anonymous. As expected, the argument continued demanding for the donor’s name and reasons for the donation. Hoping that the National Assembly responsible for checking the executive would also question the sources of the vehicle but shockingly, most of the members quietly accepted the gifts.

 

To test the ‘newly found democracy’ and protest what they said was culture of increasing corruption and impunity in the country, Human Right Activists took to the streets in June 2018 to demand for better living, health and education conditions. Their freedom to assemble was limited by the security forces. The Police Intervention Unit sent armed riot police and allocated a time frame for the protest. The activists were also shunned by the UDP supporters and labelled as ‘Disgruntled Entitled Youths’ and further indicated that they ought to be grateful for living in a Gambia with zero killings.

 

Many people believed that, these actions, among other things, emboldened the president to engage in a war of words with his critics; asking where they were when he single handedly defeated the dictator? Questioning their interest in seeing a more developed Gambia with better living conditions for her people. He continues to take part in throwing jabs at his critics and those he felt were threats to his leadership. Toward the end of June 2018, Barrow embarked on a massive cabinet reshuffle. He manifested the powers as the Executive President of The Gambia. He fired most of his coalition partners and replaced them with former Yaya Jammeh enablers. And goes further to redundant the powers of anyone standing in the way of his quest to entrench himself to the Presidency. The members of his party whom he had initially appointed to the following cabinet positions; Vice President, Minister of Trade and Agriculture were equally later relieved off of their positions following a UDP convention that elected Lawyer Darboe as party Secretary General.

 

Looking at where the political dynamics of The Gambia is, a lot of people are blaming the UDP for blindly supporting Barrow despite all his reckless decisions and ignoring all signs of ineptitude. They were allegedly ready to go to war with anyone that challenged the government and constantly massaging Barrows ego in order to stay in his good graces. A lot of UDP’s opponents similarly accused Lawyer Darboe for selfishly defending the most argued five-year mandate, to help him and his party better situated to take on the mantle of Presidency come 2021. Today, it seems the UDP have lost the influence they have had in the executive with their party executives being relieved off of their positions after purportedly stumbling the country in a deep hole. They have now decided to strategize and restructure their party and position in the political environment with continuous reminders of their existence. Their online members have once again joined their former counterparts in the struggle to critically criticize the same Barrow government that they sided with only three months ago.Can we conclude that the UDP that gave us the humble Barrow in 2016 also upgraded him to the ‘political animal’ that we now see? What the political field holds for Barrow, UDP and other political parties is difficult to predict now but it is obvious that 2021 will be another interesting year in Gambia’s political evolution.

Author:Sukai Gaye

Media and Communication Studies Student,

University of Washington, USA.

 

A Nation En-route to discovering truth and justice; but some want it quick and low-cost!

The argument that there is no shortcut to justice is valid but it has been challenged by those critics of ‘plea bargaining’ who see the practice as a form of shortcut to justice. However, the saying that ‘Justice is very expensive’ has not been challenged by anyone due to having no reasonable grounds to do so. In her book “Uprooted”, American writer – Noami Novik justified this by stating that the reason there is little justice out there is because of its expensiveness and affordable only by few who either have enough money to pay for legal fees and or are influential enough to press some buttons and make things work their way (paraphrased). With the above, one can deduce that to follow due process and attain proper justice, there must be a lot of mechanisms in place, backed by the required resources. Otherwise, a shortcut will be the option – an option that will go against the same principles intended to be displayed and maintained.

 

At the dawn of a new government in The Gambia in early 2017, majority of Gambia started calling for justice for victims of former President Jammeh and his government. Some even wanted a more radical approach by calling for the attack and possible arrest of Jammeh while he was still the substantive holder of the Office of the President. After his departure to exile, the former NIA Director Yankuba Badjie and his senior officers were arrested and charged with the murder of a national martyr Solo Sandeng  – two years on, the case is still ongoing. In addition, there has been arrest of other soldiers believed to be members of the hit squad – the Jugulars, alleged to have planned and executed various human rights violations, including killing of Gambians and non-Gambians alike perceived to be opponents to the then regime. Unfortunately, the reported operation leader of the hit squad, Sana Manjang left the shores of Gambia right at the fall of Jammeh. Manjang would have made investigations into killing easier because he has been a long time member of that group. Allegedly initiated in 2003, his first operation was the arson attack of the Independent Newspaper in October 2003.

 

Time went by and some Gambians became so impatience with the Government of Adama Barrow and others went far as rebuking the Attorney General and Minister of Justice for what they believe is a show of ‘lack of sympathy to victims’ or ‘lack of commitment to deal with those who committed abuses in the previous two decades’. The calls for action were genuine but the manner in which those agitators wanted government to handle the situation would have made the claimed defender of justice turn into a violator – that was the system of the former regime. Correcting it means doing things differently and in line with law and procedure. Jammeh and his closest security officials never believed in due process. For them, the law is not what is in the books but what Jammeh says it is and whoever commits an action perceived to be wrong need to face the consequences there and then – from the interpretation of their actions, the courts was somewhat a time and resource waster. Even if one is lucky to get to court, the outcome was very obvious because what use to be, was a judiciary where the Gambian born judges were confined to the civil courts and the Nigerians, mostly, machinery unqualified judges presided over the criminal courts, including the court of appeal where all government interested cases are brought.

 

The downfall of Jammeh’s empire was greeted with overwhelming joy and a sigh of relief for the thousands who wanted change. It will be meaningless if only Jammeh is not in the country but his system is glued to our minds. It was an entrenched system that we must disentangle ourselves and accept the obvious – that what use to be wasn’t in anyway right and as such we must strive to follow the rule of law. It will be expensive and time consuming but we should be ready to go through it to the end because the intention is not just to know the truth, put on trial and possibly jail the guilty ones, confiscate some illegally gotten properties and close the chapter. We want formidable outcomes with recommendations on how to set up strong systems and institutions to prevent a reoccurrence of what happened in The Gambia – not just in the presidency of Jammeh but that of his predecessor, President Jawara. Our failure – identical all over Africa, is the lack of well-established and strong institutions, made complex by a majority population that is either politically not inclined or not awareness of their civil rights and power as citizens or just focus on trivial matters and a pathetic situation of unreasonable selfishness.

 

The encouraging factor is the government of “New Gambia” through the Justice Ministry established the Financial Commission. They went on to table, and National Assembly ratified the Truth, Reconciliation and Reparation Commission (TRRC) Act. While the Financial / Janneh Commission submitted its report to the President on Friday 29thMarch, the TRRC is just starting what will be a very long and tedious work to unearth the hitherto out-of-sight activities of Jammeh’s government 22.6 years reign over Gambia. The revelation so far are chilling. What is yet to come will not just shock us but has the potential to break some families and relationship.  Some will argue that it is not worthy – it is, we will get over it, reconcile and move ahead as greater people who will work together to avoid allowing a few mess up a whole country and its future. At this stage, the atmosphere is favorable and we must take this opportunity to correct what was wrong in our criminal justice system. The government, by all indication is committed to get to the bottom of what happened under Jammeh. Fact that it was done over two decades in a guileful manner explains why the financial commission took more time and resources than envisage.

 

Some Gambians have cause to complain about the money used, especially those cost relating to the venue, which could have been reduced if government had used its own facilities for the sittings. However I am of the believe that if one is to apply the principle of cost benefit analysis, the advantage far outweighs the bad – and this I say in full confidence that President Barrow’s government will implement the recommendations of the commissions – he cannot let us down and must not be selective or scapegoat some in implementation of the recommendations. This will also be the right time to remove from cabinet, in the security forces or other government departments anyone found to be adversely implicated in the wrongs of the pass. Doing it now as some people have called for President Barrow to do will be wrong and certainly not in line with due process – the foundation on which legal matters between people and state is premised. There is a reason why the law frowns at beating a thief who is not physically violent. Same reason why despite a thief admission of stealing at Police, he is still taken to court instead of incarcerated and the victim asked to stop work or other more important commitments to come to court and testify – failure which the thief will be let go. It is the law and must not be bypassed simply because we are sure someone did wrong. Patience and following the rule of law is demanding but we must not be pressured to act ultra vires. In the end, we will not just be recovering money, we will also move forward in creating institutions and setting up a system that will dictate how government business is done and not leave it to the whims of a person serving as leader at any level. We will also be sending a clear message to the international community that Gambia is serious about fighting corruption – but in the rightful manner.

Major Misstep at the TRRC – Beautiful yet Wrong!

By Sana Sarr

Prior to the beginning of sittings, there was much skepticism about the Truth, Reconciliation and Reparations Commission (TRRC). Was it a good idea for our small Gambia? Would the revelations open old wounds that can’t be healed? Rather than reconciliation, would it lead to vengefulness and jeopardize the peace we enjoy? Were some of the employees the right people to steer its affairs given that they themselves had been victims of the former regime? Etc. However, since it began sittings, much of that noise has died down. Firsthand accounts of the horrific crimes and abuses perpetrated by our own Gambian brothers on their fellow citizens has shocked the nation. There have been revelations of great suffering, of deceit and of betrayal. The TRRC has been must-watch television, thanks in large part to those leading and working at the commission. The competence and professionalism of pretty much everyone there has been recognized and appreciated. The TRRC has been almost flawless…well, until March 28, 2019.

 

By hosting the awards ceremony of gifts to Mafuji Sonko, one of the witnesses who testified at the TRRC, leaders of the commission made an unforced error that was completely unnecessary and easily avoidable. I understand how and why such an error was easy to make. It’s unheard of to find a Jola who is honest, charismatic, strong or handsome. The fact that Mafuji, a Jola, combines all these admirable qualities makes him a miracle worthy of being made an honorary Serere! I mean, the boy (yes, all Jolas are BOYS) is dripping with sexiness and simply irresistible! This appeal makes it understandable that everyone wanted to show support for the kind gesture extended by Gambians putting funds together to support Mafuji. It was generous, it was kind and it was commendable. One can also make a good argument that the gesture aligns neatly with the spirit of compassion and support for victims that the TRRC is meant to bring. Despite all that, the ceremony was completely WRONG! Those leading an ongoing commission of inquiry to establish truth and justice should never have been seen participating in such theatrics on the national stage.

  1. It was out of the TRRC’s mandate.
  2. It blurs so many lines between reparations and private gifts.
  3. It sends the wrong message to individuals that appearing at the TRRC will earn them sympathy and they can reap financial/material rewards.
  4. It suggests that being dramatic, charming or charismatic while testifying is more important than simply telling the truth as you know it.
  5. It suggests that the commission is not impartial and is taking sides with certain witnesses.
  6. It suggests that Mafuji was either more honest, that his suffering was greater than the rest of the witnesses, or a combination of the two, and that he was being rewarded by the commission.

 

The TRRC “courtroom” should NOT have been used as the venue for such a ceremony. It should NOT have been held smack in between the morning and afternoon sessions of serious testimonies, like some halftime show at a football match.  There should NOT have been speeches by Deputy Chairman Adelaide Sosseh, Secretary Baba Galleh Jallow and lead counsel Essa Faal. At best, TRRC workers who are also Mafuji sympathizers could have attended, in their own private capacity as citizens, an award ceremony held at a different venue, away from the TRRC premises. The repeated disclaimers by both Secretary Baba Galleh Gallow and Lead Counsel Essa Faal, trying to reassure viewers that “this was not a TRRC event” tells me that they all knew something was not right about their participation and the chosen venue. Yet, they defied their better judgement and gave in to the sentimentality. They say actions speak louder than words, and no amount of reassurance by Baba Galleh or Essa Faal was enough to undo the damage that was being done. Ultimately, the images being broadcast around the world was that “Mafuji Sonko, a witness at the TRRC, was receiving gifts at the TRRC and with the participation of the TRRC Secretary General, Deputy Chairman and Lead Counsel.” The images are powerful and lasting. If you have doubts, just watch the ceremony with the sound muted. The photos will be circulated around the world and they’ll have no accompanying audios of what was being said. How will they be perceived? Think about that for a minute and you should understand what I mean!

 

From the testimonies, we have seen how deeply wounded our nation is. The TRRC is arguably the most important instrument for healing those wounds. At the end of the hearings, the commission will give a report and make recommendations on how we can move forward as a nation. The credibility of the commission must therefore be jealously guarded against any suggestion or appearance of impropriety. With their selfishness and greed, the political leaders have proven that material and partisan political interests, not national interests, are at the top of their agenda. Citizens have lost any and all confidence in trusting them to aid the healing process. This leaves the TRRC as one of very few institutions that still has public trust. It would be tragic if, due to negligence, the TRRC leadership loses the confidence of the people by making such unnecessary and avoidable mistakes.

For the assistance rendered to Mafuji Sonko, the performance was so beautiful, but the venue and participants made it oh so wrong!

Never Again!!!

The views and opinions expressed on here are those of the author and do not necessarily reflect the position of The Fatu Network.

 

 

News Review, Monday March 25, 2019

0

News Review, Monday March 25, 2019

‘A Date with Destiny’ by Demba Ali Jawo

Book Review 

Launching Ceremony Saturday 23 March 2019, Paradise Suites Hotel, Kololi


By: Madi Jobarteh

 

Salutations

 

It is said that a person, in writing about himself or herself, writes about his or her age, its trials and tribulations, triumphs and glories, and wishes and aspirations for the future. The book ‘A Date with Destiny’is therefore not only about the life of the author but also a reflection of our society and struggles within.

For that matter let me make an unsolicited disclaimer on behalf of the author. That is to say that, autobiographies are often blunt, uncharitable, revealing, disturbing, upsetting and unsettling. So is this autobiography. I can tell you that Demba has been mercilessly blunt, frank and unequivocal about himself, family, friends, colleagues and indeed anyone and everyone he has come to interact with over the course of his life including the President of the Republic and the issues that surround them. That notwithstanding this autobiography is devoid of pettiness or bitterness but hugely responsible, forward looking and mature as the author himself!

 

I have known Demba Ali Jawo for more than 20 years now, I can say, since I started as a cub reporter at Radio Gambia in 1992. I used to know him as an editor at the Daily Observer where I had my first journalist training in June/July 1994 before that 22nd day of infamy erupted to change our lives forever!

 

Since then until today he has earned my respect and admiration for his stance on fundamental issues in defence of his principles and the common good. It is therefore an immense honour and privilege that he has asked me to review his autobiography – how can a younger man review the life story of an older man, I asked myself when he handed me a copy of the book last week Friday! But this is from where the honour and respect came which has grown exponentially as I read through the pages of ‘A Date with Destiny’!

 

This book is more than an autobiography. It is a testimony of a man with a mission or should I say, a rebel with a cause! In this book DA, as we affectionately call him, did not only narrate, with so much imagery and metaphor, his birth and childhood as a young Gainako and the circumstances of his family and the Gambia of his youth to adulthood, but DA also gave us insight into his convictions and the trials and tribulations he encountered in the first and second republic to life as a minister. More than a life story ‘A Date with Destiny’is also about a public servant rendering account of his tenure; his performance and the management of affairs and resources entrusted to him as a Minster.

 

Rest assured that in this book you will notice the same DA as the author of the ‘Focus’column in the erstwhile Daily Observer – blunt, critical, direct but progressive! Let me give you a taste of this fact in few of the pages of this book as he talks about his stint as a Minister. In his final chapter entitled, ‘An Encounter with Reality’ DA acknowledged that while indeed the country suffered a longstanding period of dictatorship during which governance and life revolved around one person however two years is also enough time for a new government to find its footing right.

 

Unfortunately, his experience in the Cabinet points to a government that is in disarray where ministries and agencies work in parallel with little to no consultation among them – a situation that has constantly put him in embarrassing situations. As the Minister of Information and Government Spokesman then there was huge expectation that he would have had first-hand information on issues, or he could pull and make things happen such as arranging for a foreign television station to interview the President. But the reality was that he was actually hardly involved, consulted or given information!

 

On foreign travels, DA was honest that indeed given the previously pariah status of the Gambia there was need for ministers to travel to connect the country with the outside world. However, he also acknowledged that a lot of the travels by ministers were too many, unnecessary or could be delegated to other officials or even to embassies abroad so that those minsters could attend to issues at home. It was for this reason that he used to delegate or turn down a lot of the travels to which he was invited.

 

What he found even more perplexing was the frequency of the President’s travels with huge entourages and on chartered flights. DA has indeed given us an extensive information and analysis of his personal experience and perspectives as a Minister about the current dispensation, highlighting the challenges and missed opportunities. But more importantly he has also given lot of suggestions to the President and his Government including local governments in terms of how to better govern, build institutions and serve the people of the Gambia. At the same time the book has also offered invaluable advice and suggestions to public servants in general and especially to his immediate successor Ebrima Sillah and the current Government Spokesman Ebrima Sankareh while of course also appreciating them for their longstanding friendship.

‘A Date with Destiny’is a beautifully written piece of work; easy to read and understand that gives a very succinct analysis and contrast of many things in the Gambia – society, culture, history, religion, politics, leadership, the flora and fauna of the Gambia and even humour! For example, he lamented the fact that while as Minister scores of people had sought to engage him, befriend him and seek his support, at personal and professional levels, but he became quite shocked to notice how he was immediately abandoned by most of these people as soon as he received his marching orders!

 

Demba Ali Jawo was born in the village of Choya, a predominately Fula community in the Central River Region in the “beginning of the 1950s” as he said, to his father Ali Mawdo Jamanka and his mother Abbeh Baldeh, both of blessed memory.

 

DA comes from parents and a community that was traditional in form but liberal in substance. It is no wonder that this man here became a voice for all regardless of ethnicity, gender, nationality or vocation; which is why he can defend any issue or take any position without fear of contradiction because he was guided by universal principles that underpin humanity, learned from his father and mother.

 

The late Ali Jamanka was one person who would walk from his community to visit their Mandinka neighbours to share milk and pleasantries to discuss issues in order to ease tensions as the cattle of the Fula would encroach on the farms of the Mandinka, a scenario that could have potentially led to a Rwanda-type situation if not well managed. His father addressed that matter in those days.

 

In this book we therefore see the life of a village boy going to herd the cattle and even sleeping in the kraal when wild animals like hyenas lurk around. In the environs around Choya to the Sofanyama Bolong DA gave us an interesting insight about the fauna and flora of his childhood period when that stream was infested with crocodiles. He laments that due to climate change and human activity including his own, today there are no crocs in that bolong.

 

As a child DA and his fellow kids would go near the stream to steal crocodile eggs for the family’s evening meal. But the day that young boy, Demba saw a gigantic crocodile on the banks of the stream gaping its mouth wide open – its only when you read this book you will know that even the bravest men and women have something to fear! Yaya Jammeh could not get Demba to flee the Gambia, but a single resting crocodile made him take to his heels! Read the rest in the book!

 

Demba has been a rebellious type ever since. Anytime his mother placed jujus around his wrist, arms or waist, rest assured Demba will throw them off. When society considered women to be weak Demba, since as a child, believes in the equality of men and women. Like his father he has never raised his hand to hit his wife or children. Thanks to his upbringing around cattle and other animals Demba upholds animal rights. He strongly believes in one-man-one-wife and certainly not in favour of ‘wife inheritance’ as he turned down the offer when his late brother Ilo Sonko died, a man who was extremely instrumental in his education.

‘A Date with Destiny’is an insight into the life of a people, particularly young people in the provinces, a reality that still confronts them – i.e. the limited to lack of facilities and opportunities while beset by several sociocultural barriers. Demba would have never known how to read and write if not for some unpleasant events and the determination of others and of course because of the open-mindedness of his father. It was in 1961 that the catholic Bishop of Banjul visited Choya to hold a meeting with villagers for the possibility of setting up a school there given that the nearest school was in Sare Gainako, six kilometres away.

 

When the villagers agreed, the plan was each compound would send at least one child to school, and in the home of Ali Mawdo Jamanka, the lucky child was Yero, the younger brother of Demba Ali Jawo! But as fate would have it, Yero unfortunately got sick and therefore could not make it thereby creating the unpleasant opportunity for Demba to go to school. Happy that he was going to school, the story however nearly got sour because his father was adamant that Demba had enough schooling and should now go back to herd the cattle. If not for the determined intervention of Ilo of blessed memory, Demba would have been one of the world’s celebrated Gainako today!

 

From Mount Carmel School in Sare Gainako and then moving higher to Crab Island Modern Secondary School in Banjul, Demba recounts the people he met and impacted on his life until today. It was headmaster Jacob Baldeh in Mount Carmel who defended his right to put on a beret in class because of ringworms all over his head which embarrassed him in front of his peers. But more significantly thanks to Jacob, Demba was able to secure a guardian in Banjul with Jacob’s brother Pateh who worked in the then Cable and Wireless company so he could go to school. Pateh was unmarried then and despite his meagre income happily accommodated Demba and fellow provincial boys in a strange city with lot of people and cars whose hooting scare the hell out of him! But by then, as he recounts, Banjul was a very clean city with every street paved and people indeed looked after one another, a far cry from what we see today, not only the Banjul but in our entire society!

 

Demba lived a difficult life nonetheless in Banjul; hunger was his constant companion. Without parents around and with poor guardians, DA had to watch with watery mouth as richer schoolboys would buy ‘nyanbeh nyebeh’ while he gazes incessantly because he had no money to buy for himelf.

 

In exposing the life of DA, ‘A Date with Destiny’also gives an account of the story of a host of individuals in the 70s who would become the movers and shakers of the Gambia years to come. From Crab Island to Gambia College and eventually into the teaching field, DA built acquaintances with a myriad of folks who would become part of the future leaders of the Gambia. Some became comrades in the fight against dictatorship and others became targets of his resistance!

 

His college mates included former APRC Vice President Isatou Njie Saidy, former PPP Minister Alkali James Gaye and former IGP Pa Salah Jagne while former Cabinet colleague Badara Joof was not only a friend but was in fact part of his inner circle of friends known as ‘The Gang of Four’ whose other members were Abdou Rahman Sise and Momodou Lamin Faye. It is interesting to note that DA was also a student of the current TRRC Vice Chair Adelaide Sosseh at Gambia College and before that, at Crab Island. The late former Minister Omar Sey, the late Mrs. Belinda Bidwell former Speaker as well as the late Ralphina de Almeida all taught Demba at college! But also, during the first year in teaching practice in 1973, he also taught the current ambassador to the EU Tenengba Jaiteh. The Gang of Four of course expanded eventually to include Imam Baba Leigh, Samsudeen Sarr former deputy CDS under Jammeh and others!

 

An insight into the nature of the PPP Government came to light as the author moved out of the teaching field to pick up a job in the then GUC, Gambia Utilities Corporation. Not only did he encounter discrimination, favouritism and denial of opportunities but he also became a person of interest because of his writings in The Nation newspaper and his association with its publisher the late William Dixon Coley, the doyen of Gambian journalism! At GUC and living in Haddington Street in Banjul DA’s apartment became known as the ‘Temple’ – a meeting place of many young radicals and an avenue that saw him become hugely active in youth and sporting activities.

While serving as a staff of GUC the author continued to publish articles in The Nation until sometime in 1979 when he was arrested and detained by the police for publishing a very critical article about police administration. It was clear that indeed the time has come for him to abandon his Government job due to harassment and suppression and enter into the journalism field in full to pursue his convictions without fetters.

William Dixon Colley is undoubtedly one of the Gambia’s foremost and bravest, if not the leading human rights and democracy activist ever! It is no wonder therefore that the moment DA encountered this great man, he could never rest until today!

 

William had an immense impact on DA in every way imaginable and the author loved and respected and admired this patriot beyond measure. In fact many people even came to consider Dixon Colley as his father! It was his association with this great man, at whose office at No. 3 Box Bar Road in Banjul that DA would spend his entire time that he also came to meet many more young people as time went by who were also attached to the doyen!

 

Among these young people included current presidential adviser Mai Ahmad Fatty, current National Assembly Member Halifa Sallah, former ambassador Sarjo Jallow and former MOJA member Dumo Sarho. DA was scheduled to meet Koro Sallah eventually who was seeking to recruit him to join MOJA when the Kukoie Samba Sanyang insurrection took place in 1981 thus thwarting that meeting in Half Die. Consequently, DA could not become a member of the left-wing group as Koro himself was eventually implicated in that incident and had to flee the country.

Here is the bombshell: Demba Ali Jawo was a founder member of the People’s Democratic Organization for Independence and Socialism (PDOIS) and much more; it was DA who designed the PDOIS flag! Wow!

 

‘A Date with Destiny’is therefore not just a book about the life of Demba, it is a documentation of the socio-political history of the Gambia. Think of any Gambian of stature in government or business and society today and you will find his or her name in this book! However out of principles and dedication to service as a journalist. DA had abandoned all political affiliation to PDOIS and never to align himself ever again with any political party. This is a trait of all great journalists who wish to remain independent and credible in the eyes of the society that one cannot belong to any group, no matter how well meaning they are! Journalism is DA’s destiny and he has fixed a date with the profession for which he does not wish to betray!

 

‘A Date with Destiny’is hugely about journalism and one cannot find a more up to date account of the trials and tribulations of the Gambian media than what is provided in this book, particularly with the advent of the military coup in 1994. Not only is the account quite detailed but it is also glaring for the fact that DA was himself a key participant in all of the ups and downs that the media went through under the dictatorship.

In the first place DA described the emergence of the Daily Observer as the beginning of the golden era of Gambian journalism as we saw for the first time a newspaper printed on newsprint and not on an ordinary A3 size xerox paper! But also, in terms of content the earlier emergence of Topic magazine of Nana Grey-Johnson and The Point newspaper of the late Deyda Hydara, the late Baboucarr Gaye and Pap Saine all contributed, together with the Daily Observer, to witness a marked turning point for the Gambian media into modernity, professionalism and recognition!

The life of a journalist in the Gambia is a bitter-sweet story. While Daily Observer in practice also became a school of journalism as it massively churned out large numbers of smart young journalists, at the same time the Jammeh dictatorship ended becoming the beast that also nearly devoured the media to extinction! Yet it was the Gambian media that stood its ground, as a protagonist as well as a tool to be employed by many other forces, not least our political parties to fight that monster to extinction! In traversing the plains of journalism, the book gave an interesting account of the various actors, incidents and issues including the disappointments and threats in which we witnessed physical assaults, arson attacks, assassinations as well as closure of media houses and mass exodus of journalists!

 

Hence the killing of Deyda became a watershed moment in the life of the media and journalists. As the author narrated, that assassination generated fear, but DA refused to be silenced as he continued to write critical articles against the Government to the discomfort of his family and friends afraid for his safety. Even when DA had a very good paying job in Dakar, he insisted on coming to visit family in Kanifing periodically, against the wishes of his wife, just that Jammeh does not think that he had succeeded in banishing all journalists out of the Gambia.

 

DA joined the Gambia Press Union in 1980 when Dixon Colley was the Secretary General. DA himself became the Secretary General in 1992 and then president until 1998 when he stepped down. The story of GPU is intertwined with the life of the author who, together with Deyda had to seriously struggle in ensuring that the union survives when there was little support. Not only did the union face resource challenges but it also went through lot of turbulence as internal wranglings among members over benefits nearly derailed it. However, the book reveals that DA traversed a path that was laden with difficulties – from financial to security issues to social pressures and personal fears especially after the death of Deyda!

 

Life in exile in Senegal brought lot of gain and pain to DA. Not only did he gain a more rewarding job financially and built strong and lasting relationships with a myriad of people and institutions, but he also became a huge source of support to fellow Gambians in Dakar or those Gambians fleeing through Dakar or coming there to seek visas or medical attention. In fact, his kids would tease that their father’s house became a ‘Transit Hotel’ because of the numbers of people who would come by.

 

Like many Gambians DA joined the current Gambia Government not because he wanted to share in the spoils of war. His fight against the dictatorship was for nothing other than to salvage his country and secure the freedoms and progress of his people including himself, in any walk of life one might be. Hence, he never imagined becoming a minister such that when a request came for him to send his CV to the Government he flatly refused. Thanks to the intervention and encouragement of four remarkable fellow women fighters – Fatou Jagne Senghore, Aisha Dabo, Ndey Tapha Sosseh and Veronic Wright that DA eventually succumbed; and of course, because Pres. Barrow had expressed to him that he admired and also preferred DA to become the Minster of Information.

 

Life as a minister was indeed instructive for Demba. Instead of the environment becoming smooth and supportive rather DA actually became a victim as soon as he accepted the office of a minister. The book has given a rather vivid picture of the environment inside the Government. DA pointed to a situation of chaos, flaws, missed opportunities and unnecessary reactions. As the Minister of Information and the Spokesperson of the Government DA was not only side-lined on fundamental issues of the Government but was poorly or not consulted at all in many instances and even where he sought answers from even the top, he either gets no response or a very diluted explanation without head or tail!

 

Indeed, DA did not enjoy his time as a minister. Not only was he excluded and even labelled as ‘Mr. Complain’ because of his incessant demand for answers or explanations, but he became extremely disappointed at the amateurish manner of addressing issues and the failure of the Government to be transparent or accountable.

For example, the confusion about the Brussels roundtable that the Government was coming home with money when only pledges were made could have been better addressed if enough information and engagement was made. Amazingly DA was left out of that meeting. The immature reaction of the President towards Dr. Ismaila Ceesay of UTG or the question ‘where were you’ should not have come from a President. The donation of vehicles or the D11 million provided to pilgrims or the China money transferred into the First Lady’s foundation account are all incidents that were badly handled by State House simply because the necessary sharing of information, coordination and engagement were not taking place. Consequently, DA faced series of embarrassments when he faced local or foreign journalists asking about simple issues about which he had no idea because no one shared information or true information with him.

 

Not only was DA a victim of exclusion and non-cooperation from even inside the Cabinet, but he faced incessant interference in his ministry on issues such as the liberalization of the International Gateway or the granting of TV licenses to applicants such as the Ahmadiyya among others. DA was seriously committed to transforming the media landscape through legal and institutional reforms but unfortunately received little to no cooperation from Cabinet colleagues including the President except for the Minister of Justice who seemed to recognize and value his role as a fellow minster.

 

Above all the book gave us insight into the kind of leadership in the country where courtesy and the national interest do not seem to drive the agenda. For example, the author’s termination letter was handed over to him by the Secretary General and he wondered why the President could not have simply invited him to discuss why he was being sacked as a matter of courtesy and leadership. But as the book recounts nothing like that happened in the first place when VP Tambajang or Mai Fatty was sacked. Hence when it was his turn to be also fired unceremoniously, the author acknowledges that he and his Cabinet colleagues must also take blame for that because they also never stood up to enquire from the President why their former colleagues were being sacked. If they had demonstrated such responsibility probably, they would have seen a different and better show of leadership by Barrow next time he wanted to sack a minster. But since they never cared to ask the President, it means the President also considered that he is indeed the bus driver and he can onload and offload minsters as he likes!

 

DA is not a bitter man after all. Rather his stint in Government gave him a better understating of our society and its circumstances. He came to better understand where our troubles lie and how to solve them. While he seems concerned that there are some invisible forces and interests driving the agenda around Barrow, he however offers quite succinct pieces of advice and recommendations to the President, ministers, local government authorities, fellow journalists and indeed every citizen.

 

For example, he cited the various cabinet reshuffles as missed opportunities where Barrow could have re-branded himself by adding more women and young people or appoint someone from the other smaller ethnic groups into his Cabinet to reflect diversity and unity of our people. Furthermore, he cited the lack of a Christian in the National Assembly which could have also been addressed if the President had utilised his authority to nominate a Christian person. Rather we see how Barrow further closed his Cabinet to women and youth by appointing more elderly men! He reminded the President to stick to his words as a mark of honour and refuse ‘wakh wahet’ noting that even Abdoulaye Wade could not survive the trick!

 

In conclusion, I have never been prouder of DA after reading this book. It is rich, blunt and accurate in its information content, objectivity and user-friendly in its consumption! As he said, he and many Gambians supported the Coalition in 2016 to salvage the Gambia and not to seek power and privilege. He remained unflinchingly committed to that agenda as a minister even though he was frustrated and concerned at the limited support of this Government to empower Gambians by protecting fundamental freedoms.

 

On the Coalition – whether it exists or not, and the political future of the President and the risks and threats, and the intrigues of partisan politics and the rest – I won’t tell you. Read the book!

 

Thank you for your kind attention.

 

Gambia at crossroads?

Hmm ?. Don’t think so. it could be a mirage. I remember OJ Garmeh Jallow being let go, NO crossroads! Tambajang Jallow, Same fate, NO crossroads! Super Interior Minister, Fatty, NO crossroads! Why are we then now scaring folks that Gambia will no longer develop because your corner got damp? Not trying to equate talents here but aren’t all coalition members created equal with the mighty #70Delegates? EXACTLY. True, the broom took some legends but hey, the former removed are legends in their own rights! We respect and salute them for standing tall when many cowered under some rocks! It’s POLITICS as one hot and cold dude laments on his “platform”, “in politics there are no permanent friends or foe but permanent interests”! I think that’s how he sings it! ?. Anywho, separate the men/women from the posts especially public posts!!!!!

That being the case, let all dress their wounds in their comfy corners and not proverbially “pee” in the public pool!!! Remember the kid in the movie that peed in the pool and it turned different color? Blue to green? Whether it was a chemical that did it or the compounds of the urine changing the pool color, the boy and parents dashed out with guilt and shame! So, it’s very advisable to NOT pee in the pool to safe your face!:)

There is no need to run around looking for “fence sitters” to win over or call for others to resign just because the birthday boy unvited you to the cake cutting! Hey, at your rehearsal cake cutting you chose your favorites di! Let Others be and if they are cutting cake, not frown as they revel in the creamy portion of the cake! Bear in mind, the presumed fence may only be an imagination. Politics is a spectator sport to some hence, not participating doesn’t mean “spectators” favor one over the other. They may just be waiting for half time to pick team or not at all. It ain’t that serious for some. Let people be and do YOU!! The marbles you lose may be your own!:) It’s sometimes repulsive to see how an issue gets sectionalized, it’s sad actually in National discussion ?. See the red white and blue as a uniting force and don’t further tatter our once unpatched social fabric! You’ll live to regret it after the dust settles!!!

Oh! Quit the guilt trips and fear mongering! The Gambia I see, is like the shark tasting blood! They believe in the strength of the teeth and speed to race to the source of food without miss. Removing Jamus with marbles empowered and will forever empower and embolden generations to come. #NeverAgain will my people take that for granted! Best believe! If anything, the biggest concern should be about anyone flamboyantly waltzing with what the majority fought against as in APRC. This however is sadly happening on both ends!!!

The bus driver may cross white line, in some areas the yellow line (pun intended) and get ticketed, but as long as the double yellow lines are unbothered, he may live to drive again! Crossing the double yellow line in this instance is the Gambian populace. They, at the end of the day, hold the final verdict with the beautiful shiny marbles!

God grant us the serenity to change the things we can, accept the ones we can’t and the wisdom to know the difference ??❤

The Honourable Ya Kumba Jaiteh and the Imperative of Executive Adherence to Legality

By Lamin J. Darbo

With mounting interest I follow the debate on whether there is authorisation under the 1997 Constitution of the Republic of The Gambia (“the Constitution”) for His Excellency, Adama Barrow, President of the Republic of The Gambia, to fire the Honourable Ya Kumba Jaiteh (“Jaiteh”) as a nominated member of the National Assembly.

Is there indeed incontrovertible authorisation for the President to nominate National Assembly members, or is section 88(2) nullified, or at the very least seriously called into question, by section 96 of the Constitution, on the one hand, and by accepted principles of democratic constitutional theory and practice on the other? According to section 96 (1), “there shall be a general election of all members of the National Assembly which shall be held four months after the date of election of office of the President”.

What schizophrenic Constitution!

Our Constitution is a disaster for even the theoretical underpinnings of democratic pluralism, effectively emasculating, as it did, the National Assembly, and Judiciary, by reducing these constitutional pillars of the state to mere appendages of the Executive through the unjustifiable centralisation of all power in the President. Be that as it may, the Constitution remains valid and I approach the Jaiteh controversy in that context.

The Jaiteh saga is a spectacular rerun of Ramzia Diab’s firing in 2004 by our eminent man of letters doubling as President of the Republic. Entering the ring on the side of his employer, then Attorney General S T Hydara postulated the highly questionable assertion that “the drafters of the Constitution were no fools”. Writing out of the jurisdiction, I advanced the counter contention that the “drafters were clearly no visionaries for saddling us with a document which must be revamped in the Gambia’s impending Third and final Republic as its general thrust was inimical to both the doctrine of the rule of law, and the concept of the separation of powers”.

Witness the establishment of the Constitutional Review Commission!

Some fifteen years later, and a peoples revolution as backdrop, our nation is faced with an incomprehensible replay of the Ramzia affair under circumstances more egregious and unjustified than that original Executive misadventure into forbidden terrain.

Without question, the Constitution’s convoluted nature is a glaring manifestation of its perverse intent. In a laughable, if tragic way, the hope was nurtured that this may constitute a blessing in that under properly mounted challenges against routinely arbitrary Executive conduct, the courts will find it impossible to anchor sensible and defensible decisions favouring any President in this greatly compromised and labyrinthine document.

That hope is clearly misplaced as spectacularly demonstrated by the Supreme Court in its interlocutory decision in the Jaiteh saga!

In the debate that ensued over Ramzia’s dismissal, the late legal luminary, Pap Ousman Cheyassin Secka of respected memory – in his defence of the President – refers to the entrenchment of separation of powers in the Constitution. Then as now, I wonder which document that postulation refers to. The preamble is not a part of any Constitution, and even where it would ordinarily constitute a true reflection of the letter and spirit of the main document, it has no edifying character as regards our law of laws.

As in 2004, my interest in the Jaiteh saga is public spirited and constitutionally focused. But how little times have changed! In reaching their conclusion on the legality of Ramzia’s dismissal, then Attorney General, and Cheyassin, that late giant of jurisprudence, contended that there is a universal “age-long aphorism that he who has the power to hire also has the power to fire”.

Then as now, I emphatically reject that proposition as a principle of general application.

Under both constitutional theory and practice in a proper system of democratic governance, a president who nominated, and, or, appointed, a NAM, or Judge, should become functus officio on the basis of the doctrinal logic that a particular hiring traverses constitutional demarcations.

In other words, he should have no authority whatsoever to fire either NAMs, or judicial officers ranging from Magistrates, to Justices of the Supreme Court. In similar vein, constitutionally envisaged independent agencies like the Independent Electoral Commission must reside outside the purview of presidential influence. This is not to suggest that these categories of officers are exempt from legitimate control mechanisms, but that they must not be subjected to the whims of the Executive as preeminent wielder of the police power. Once appointments are made in these areas, there must be no removal powers available to the President as an individual.

As demonstrated by the overwhelming public interest in the Jaiteh saga, the values at play constitute the silent tributaries along which the streams and rivers of democratic life flow to the great seas and oceans of personal conscience and freedom. We must learn to restrain our leaders within the boundaries of legality and their legitimate authority. The presidency is a majestic office with awe-inspiring powers, but that notwithstanding, it is a short-term tenancy, and a tenant must not have the capacity to destroy the landlord’s estate. As landlords, our estate, The Gambia, its nurture along the paths of tolerance and pluralism, must remain our supreme project.

It is common territory that the Constitutional text is silent on how a nominated NAM should be unseated. In that case we must step outside the document to examine the architecture of democratic governance and the underpinnings of republicanism with its entrenched values of limited government anchored in separated power and the rule of law.

On a straight application of the doctrine of separation of powers, the President can have no authority to fire a NAM. Notwithstanding baseless assertions by some commentators, the powers under sections 167, and 231(5) are not triggered as a NAM – nominated or otherwise – is not a public office, thereby making it unnecessary to refer to the Interpretation section at 230 as Jaiteh is explicitly excluded from holding a public office by section 166 (4) (a) of the Constitution.

It is indeed instructive that Jaiteh’s dismissal, communicated through no less a figure than the Secretary General – that great supervisor of the Public Service, sounding board of the President, and his preeminent confidant in normal times – relied on no authority other than a baseless Executive Directive for such a momentous missive. It was disconcerting for the SG to convey a Directive of such magnitude without anchoring it in any legal provision. The holders of the great offices in public service must learn to say no when occasion demands.

Even a casual reading of Chapter XI, sections 166-171, provide insight into the Constitution’s understanding of public office, especially at: 168, on Head of Civil Service; 170, on Restriction of Political Activity; and 171, on Retiring Age. The perversity of the Constitution to clothe the Executive with power to micromanage every aspect of national life has needlessly triggered a constitutional crises in the Jaiteh affair. The document is proving to be a minefield, especially considering the plethora of superficial analysis against the clear command of section 166 (4) (a).

In similar vein, the attempt by some commentators to categorise Jaiteh’s purported dismissal as the functional equivalent of an electoral recall is clearly unworkable considering there must be legislation to activate the recall provision in the Constitution. Even assuming that this provision is available to the President – and it is not – the Constitution suggests that it must be a serious matter as one third of registered voters in a constituency must support the recall petition.

What did Jaiteh do? Absolutely nothing going by the letter from the Secretary General! If indeed the Constitution authorises the President to nominate one in every ten members of the National Assembly, the fate of this category of member must not be left to chance as sooner or later a political relationship in a developing democracy like ours is bound to poisonously collapse.

In the Constitution, power is theoretically separated between the Executive, the Legislature, and what the document itself calls the Judicature. Globally, these are the traditional demarcations in constitutional democracies. The abiding principle is that power must not be concentrated in one branch of government, a philosophical position triggered by the conduct of the mighty monarchs of Europe in the long stretch of history to the Enlightenment, also known as the Age of Reason. “Enlightenment thinkers in Britain, in France and throughout Europe questioned traditional authority and embraced the notion that humanity could be improved through rational change”.

Enlightenment thought was the inspiration and precursor of the great and hugely transformative revolutions in America and France in the eighteenth century, an era when absolute power was fully located in European monarchies. The clamour for diffusing power led to the establishment of the legislature and the judiciary as independent arms of government. Then as now, it was always the Executive that needed restraining due to its centrality to public life and same applies in the Gambia of modern times.

When a president is accorded authority and opportunity to overreach he will do so and that is a historical fact. A brilliant example was the relationship between President Eisenhower and Earl Warren, his nominee to the US Supreme Court. Both were blue blooded Republicans but on the bench of its hugely influential Supreme Court, Warren stood for America and its enduring values of equality before the law as enshrined in the pivotal and liberalising fourteenth amendment to the U S constitution. Eisenhower referred to his appointment of Warren as “the biggest damn fool thing I ever did”.

When in later years he was asked whether he made any mistakes, Eisenhower eagerly answered “Yes: two. And they are both sitting on the Supreme Court”. The other mistake was William Brennan Jr., one of the great liberal jurists to sit on the Court in the twentieth century. Like Warren, and Brennan, to Eisenhower, Jaiteh too owes President Barrow nothing. Her loyalties must first and foremost be to The Gambia and her dismissal as a NAM on the grounds of disloyalty was wrongful and regrettable.

The closest thing to our nominated NAMs is the United Kingdom House of Lords. After nomination by the political leadership and appointment by the monarch, the appointing authority became functus in the fortunes of a member of the Lords. Any removal must be done within the rules of the Lords but not by an unhappy political leader or monarch.
About unhappiness and redress, Jaiteh went to the Supreme Court for a declaration of the invalidity of the President’s attempt to remove her as a NAM. She also asked for a restraining order to forestall the wrongful swearing of her replacement. Although a decision on the substantive question remains pending, her application for a restraining order was refused on the grounds of “… the presumption of regularity of all official acts [and] the applicable principles of law relating to the grant of interim restraining orders”.

The Supreme Court was wrong in its conclusion.

The decision was a Judicial Directive in that offered no reasoning on what it meant by “… the presumption of regularity of all official acts [and] the applicable principles of law relating to the grant of interim restraining orders”. Jaiteh went into the Court whole and came out reduced. She came back empty handed and shackled by the weapon she pleaded with the Court to interpose between her and her traducers.

For the benefit of the reading public, there are settled principles around the grant or refusal of interlocutory injunctions/restraining orders. It is of course an accepted legal position that the grant or refusal of an interlocutory injunction lies squarely within the jurisdiction of the Court (Madikarra Jabbi v Alhagie Lansana Sillah (2014-2015) GSCLR 246, at 253. An injunction is an equitable relief and consequently it is granted at the discretion of the court. It is not granted as a matter of grace. The discretion must be exercised judiciously and judicially” (see Ayorinde v AG Oyo State (1996) 2 SCNJ 1998).

The Court’s discretion notwithstanding, a judicious application of that discretionary power based on law and reason anchored on the particular facts before the Court is expected (Madikarra Jabbi v Alhagie Lansana Sillah (2014-2015) GSCLR 246, at 253. “For a Court to declare whether or not to grant an injunction … it has as of legal necessity to go into the consideration of the competing legal rights of the parties to the protection of the injunctive relief. It is a duty placed on an applicant seeking injunction … to establish by evidence in affidavit(s) the legal right she seeks to protect by the order which of necessity makes it mandatory for the court to go into the facts to determine whether such entitlement has been established” (Aboseldehyde Laboratories Plc v. Union Merchant Bank Limited & Anor. (2013) 54 (Pt. 1) NSCQR 112, at 144).

According to the Gambia Court of Appeal “a discretion is judicially and judiciously exercised if it is done with regard to what is right and equitable in the peculiar circumstances of the case, the relevant law, and is directed by conscionable reasoning of the Trial Judge to a just result” The State v Isaac Campbell (2002-2008) 2 GLR 354).

The Supreme Court offered no reason whatsoever for its conclusion!

In its highly celebrated decision in American Cyanamid Co. Ltd v Ethicon Ltd (1975) 1 AER 504, the widely considered primer on interlocutory injunctions, the United Kingdom House of Lords, as it then was, stated that in considering an application for an injunction, regard should be had to the following:

Legal right
Substantial issue to be tried
Balance of convenience
Irreparable damage or injury
Existence of alternative remedy
Conduct of the parties

That Jaiteh has a legal right in retaining her status as a NAM is clearly uncontested.

On that basis alone, there is compellingly a substantial issue to be tried.

As to the balance of convenience, Lord Diplock, in American Cyanamid Co. Ltd v Ethicon Ltd (1975) 1 AER 504, supra, at 507, states:
… when an application for an interlocutory injunction to restrain a defendant from
doing acts alleged to be in violation of the plaintiff’s legal right is made upon contested
facts, the decision whether or not to grant an interlocutory injunction has to be taken at
a time when ex hypothesi the existence of the right or the violation of it, or both, is uncertain and will remain uncertain until final judgment is given in the action. It was to mitigate the risk of injustice to the plaintiff during the period before that uncertainty could be resolved that the practice arose of granting him relief by way of interlocutory injunction; but since the middle of the nineteenth century this has been made subject to his undertaking to pay damages to the defendant for any loss sustained by reason of the injunction if it should be held at the trial that the plaintiff had not been entitled to restrain the defendant from doing what he was threatening to do. The object of the interlocutory injunction is to protect the plaintiff against injury by violation of his right for which he could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial; but the plaintiff’s need for such protection must be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated under the plaintiff’s undertaking in damages if the uncertainty were resolved in the defendant’s favour at the trial. The Court must weigh one need against another and determine where” the balance of “convenience” lies.

The Supreme Court settled for a Judicial Directive by reaching a conclusion without offering a scintilla of reasoning in support of that result.

On the “…presumption of regularity of all official acts …” it has no relevance to this case.

On whether non-lawyers can competently comment on this matter, I merely state that a Barrister-at-Law designation is not a dispenser of super wisdom or of any wisdom at all. Gambia’s public intellectuals must engage with the public space and help dissect the great issues of the day for the benefit of larger society. I urge them to emulate the likes of Anthony Lewis, legal columnist for the New York Times, “… an American public intellectual and journalist” who covered the United States Supreme Court for his paper. “Early in Lewis’ career as a legal journalist, Supreme Court Justice Felix Frankfurter told an editor of The New York Times: “I can’t believe what this young man achieved. There are not two justices of this court who have such a grasp of these cases”. Eulogizing Lewis, the Dean of Columbia University’s School of Journalism said: “At a liberal moment in American history, he was one of the defining liberal voices”.

I therefore urge our Nieman Fellow, and our Country Representative of the Westminster Foundation for Democracy, among others, to plough on and empower their people.

In his anger, the President wronged Jaiteh and the country he leads. On one of these moonlit nights, I urge him to take a lone walk along the serene grounds amidst the beautiful flowers and trees of the national house he calls home. I urge him to reflect on the rise and fall of the previous tenants-in-chief of that house, to come to terms with his mortality, and the transiency of his office. Let him survey the majesty of the presidency and reflect on the purpose for which he was sent to Number 1 Marina. The monuments we will remember and celebrate him for are not going to be the physical structures he left behind but the unseen symmetric beauty of governance under law.

The President was wrong to purportedly fire Jaiteh, and the Supreme Court was wrong to restrain her whilst refusing her application to restrain her replacement and others from violating her accrued legal rights under colour of law.

On the Paradox of Self-Regulation: Letter to the Minister of Information

Honourable Minister,

I am not a fan of Nobel Prize-Winning Economist Joseph Stiglitz. In fact, in the clash of the titans between him and then IMF Research Chief,  Kenneth Rogoff, I sided with Rogoff; but one thing Stiglitz said really resonated with me and I have since held it as a sacred natural truth. Stiglitz once asserted  that the word “self-regulation” is an oxymoron. And that is certainly true.

So when I started seeing claims and lobbying from professional groups in our own country trying to get government to endorse their proposals, or even to pass bills, aimed at entrenching self-regulation, I cringed…

I do know that you are a career journalist and you would naturally be inclined

to support your brethren in the media fraternity but the business of self-regulation should never be accepted by our government. For very obvious reasons, backed by tangible evidence, self-regulation should not be entertained in our system. The recent case of the brazen attack on an innocent journalist by the current GPU President and the GPU’s uncharacteristic silence on this matter is a serious signal.

It is true that the media is a critical element of democracy and the protection and empowerment of media practitioners is of critical significance; but where elected bodies and individuals are subjected to independent external oversight in our governance system, I see no reason why another arm of the same national structure should be treated as a sacred cow and allowed to be referee and player at the same time.

Therefore, it is urgent  that an independent body be set up for oversight of our media practitioners and the GPU’s overtures of self-regulation should be rejected in the interest of the public.

Our evolving democracy has had its ups and downs and the executive branch of government has (in the past) taken undue advantage of the media and other institutions due to the dominance handed over to them by our statutes but it is a fact that the conduct of some of these media personalities and institutions has also had adverse effects on other entities and persons weaker than the media behemoths in our state of affairs.

So while we labour to correct the errors of our past by empowering institutions like The Gambia Press Union, we must not make the mistake of rendering these institutions too powerful to the extent that they could become oppressors of the weak and meek.

Honourable Minister and my dear brother, beyond the potential effects of media malpractice on individuals and organisations, it is my conviction that the greatest threat to our new-found freedom and entrenched peace is the actions of some unregulated, untrained, misguided,  ill-intentioned operators in our media space. We still have competent and prudent journalists in this country doing a good job for the common good; but when the floodgates of press freedom were flung open with the advent of the current dispensation, the media waters became muddied by some dangerous elements.

Daily we witness insults, incitement of violence and tribal acrimony in our media space and nothing is being done to control this. As if the Rwanda’s tragedy is not enough of a lesson, we sit and fiddle in our cosy zones while our precious Pax Gambiana is slowly but surely being poisoned with insidious cinders.

Lest the charge comes against me of speaking against press freedom, let me categorically state here that I am all for press freedom and a highly conducive environment for the efficient operation of our fourth estate. But that does not obviate the need for reasonable and effective oversight in the Business of our fourth estate. It is fitting to pick an import quote from a brilliant article by the current Secretary General  of the GPU on the undesirable activities of some media outlets titled “The Gambia: Towards A One-Stop Media Regulator”: “Supporters of the press are reconsidering their position: well, I’m a believer of press freedom but how could they do that. Oh, no.”

The current Chief Justice of our country recently made a statement to the effect that

The Gambia is blessed with a unique opportunity hard to come by of in the evolution of many nations: The opportunity to change and virtually rewrite all our laws and transform our institutions of governance . If this opportunity must not be missed, or under-utilised,  then we must not be infected by the bug of irrational exuberance by trying to overcompensate institutions that were negatively affected by our past to the extent of creating new Frankenstein’s monsters in our governance process.

In conclusion, Honourable Minister, I respectfully submit the foregoing premises with a view to re-ignite a national conversation on the relevant subject matter. I am hoping this dialogue is not muted but promoted. We must never lose sight of the fact that democracy and its institutions are not meant to be ends in themselves but vehicles towards the attainment of optimal human welfare and progress. Therefore it behooves us to be objective in our quest to hold one another to account in the interest of our common welfare.

In the service of our dear nation,

Momodou Sabally

Former Presidential Affairs Minister and author, Momodou Sabally is the Former Director General of the state Broadcaster GRTS as well as Managing Director and Editor-In-Chief of the Observer Company, publishers of The Gambia’s erstwhile leading newspaper the Daily Observer.

Call it Self-Sabotage: How Gambian Journalists are Jeopardising their own Freedom

Call it the absurdity of the year! The Gambia’s press corps has been yearning for freedom of operation for decades and one would only assume that once that freedom is finally earned, they would cherish and protect it like a piece of diamond or the first born child of a Kanyelengwoman and name it Maabally (untouchable).

Alas, Gambians are good at endangering their own good fortune. Indeed we have witnessed several cases of individuals and entities throwing their very own victory right into the jaws of defeat in New Gambia, but the press as a group should know better; and definitely a group that is well placed to enlighten the masses should never be in want of wisdom as a collective entity.

So what went wrong at the nation’s apex body responsible for the welfare and protection of Journalists in this country?

Those who are familiar with the set up at the executive committee of the GPU would not be too surprised. Their carefully choreographed election surely delivered for the wheelers and dealers of the GPU when close friends captured the key positions as the top guns of the media union.

As if that is not enough of a risk for the effective running of the affairs of this institution of the most crucial importance to our nation building process, executive members started showing their political colours way too soon. It is an open secret that Gambians know exactly which political party key members of the GPU executive dally with. Indeed the American philosopher Ralph Waldo Emerson is right “What you do speaks so loudly that I cannot hear what you say.”

The recent verbal assault meted out to journalist Lamin Njie by the current President of The Gambia Press Union Sheriff Bojang Jr. on the sidelines of the Ya Kumba Jaiteh case at the Supreme Court revealed a lot. Why would an innocent request for an interview on a matter so critical evoke so much negative emotion and palpable sense of vengeance?

There are many cases exhibiting the inherent malaise within the top echelons of the GPU and the space here would not allow a full rendition but a recent case is worth a mention. A local journalist with close blood ties with the GPU leadership was caught trafficking drugs but once the incident happened there was a quick complot among the leading journalists to hush that news and indeed they succeeded in making sure that the case, that was dropped due to interference from relatives of that journalist in the government, was ‘silenced’. If this case involved a non-journalist, it would have been all over the Gambian news cycle and in search engines.

With all the whistle blowing about the abuse of human rights during the former regime, some major media houses played roles, active and tacit, in the suffering of certain victims but you can be rest assured that those matters regarding the press will be muted in our current TRRC process. The case of the late Ousman Koro Ceesay was ‘investigated’ by a particular newspaper and declared an accident at the time; but was this matter mentioned in the TRRC’s investigation of that particular incident so far? The late Famara Jatta was fried as Finance Minister thanks to a case of unprofessional journalistic conduct. Certain people fell victim to circumstances due to the unprofessional conduct of certain media houses; this is a known fact. But there was no admission of guilt or apology about such unfortunate incidents to date.

We must acknowledge that the President of the GPU did publicly apologise for his unwarranted toxic attack on a fellow journalist. Personally I am not calling for the GPU President to resign but the silence of the GPU as an institution in this matter is deafening.

If we must make genuine progress as a nation, those tasked with holding others to account must behave in ways above board by all means. I am hoping the GPU as an institution will rise up to the occasion and use this particular case as an opportunity for soul-searching and rectification.

We are all Gambians and we must nurture the spirit of magnanimity and empathy that is characteristic of us as a cultured nation. But truth must be told and accepted for what it is if our collective conscience should remain healthy and resilient.

Momodou Sabally

The Gambia’s Pen

Bold Barrow’s Sacking of Dinosaur Darboe Signal’s Putting Country Before Party

It all had the ring of a soviet coup, political machinations of the Politburo, the death hand of courter comitas and perfect plot of backroom operators. If it was not true, it could have been taken straight from a non-fiction book on the wrangling and wrestling of power at the heart of the soviet union. Or from a highly sophisticated sci-fic novel. But it is true, and it is real: the sacking of Ousainou Darboe, the big beast of the UDP, with Amadou Sanneh and Lamin N Dibba from the government of Adama Barrow. The Gambian media, for once, like a thermostat, not a thermometer, was able to shape public opinion, not reflect it – a sign of how an independent media can inform the citizenry, keep the-powers-that-be accountable and strengthen democracy.

Last Monday, most of the newspapers splashed on rumours rumbling on social media: that President Barrow sacked his scared cow deputy Ousainou Darboe. Like Joseph Gobbles, the suave, savvy and smooth propagandist of Hitler, Ebrima Sankareh, Barrow’s spin doctor pirouetted: the story, he claimed, is “false”, cooked up from the figment of the overstretched imagination of people.

If it was an act of displacement activity, designed to distract his master’s prey from jumping the ship of state before being pushed, well he succeeded. And Darboe, his sharp political acumen betraying him, believed in the false sense of security he was lulled in. It is akin to having your lawn being packed with tanks pointed towards your direction for complete obliteration and annihilation, and being told “ hang on a minute, don’t read too much into it, because it is a simulation exercise, working out ways to rescue you when Armageddon struck.” For Barrow and his team, pulling this trick was a stroke of genius. For Darboe, it was political miscalculation over-masticated. How could he not see it coming?

For months relations between Barrow and Darboe were enveloped in envenoms chalice. As president and vice president, they cut an odd couple. That their bromance degenerated into such pitiful state was extraordinary. To Barrow, Darboe was a self-admitted political god-father. The latter saw the former as a protege who would parachute to the direction pushed towards. But power pinches a paroxysm of poison into what could have been a solid political partnership.

I used the cold war analogy in my previous article to put into sharp focus the power struggle going on between the two. Victory of the  first skirmish, no doubt after the successful putsch of Barrow’s team, belongs to them – yet. Brace yourself up Gambians, fastened your seatbelts and shot your heads towards the direction of travel, because the fight over who will control the wheels of state will drone on until 2021.

The starting pistol was fired after the firing of Darboe and his political chums. It might come as a surprise that Barrow wielded the political knife, and scalped the head of his political paterfamilias, rendering himself a political patricide. There will be howls of betrayal, cries of heresy and damnation of apostasy against him for doing so. But are they justified? Are they politically sound? Could he not live with the causation and forget about the consequences his frosty relationship with Darboe wrought? To the eye of the politically uninitiated, the simple and straightforward answer would be: cohabitation, not casus belli, should be the modus vevendi. How wrong! To come to such black and white conclusions, risks being wrapped and woofed, into – to use the former British Prime Minister who deftly lifted the political fortunes of the political left moulding “the white heat of technology” in its favor , Harold Wilson’s phrase – you are either a charlatan or a simpleton. The former is risible. But the latter is reprehensible.

In our presidential system of government, like any of its kind around the world, there should be complete confidence and trust between the president and his deputy. The vice president serves at the pleasure of the president, must command his/her full confidence and abide by collective cabinet responsibility. To have a rivaled power block within government shatters the authority of the president, fatally undermines the authority to get things done and paralyses the machine of state. The buck stops with the president. The clue is in the name: the president presides, and the government governs. The vice president is like the other half of the president, responsible for deputising where instructed and authorized to. That was precisely why Barrow’s decision to sack Darboe was as bold as it was bang on point. By doing so, he has signaled to Gambians and the wider world that, contrary to conventional wisdom, he is not a  touchy-feely headless chicken. He has shown that his famous death stare exudes determination, his sombre face seriousness, his slow purposeful steps practicality and his clip responses in conversations a solipsistic sphinx with a riddle.

He could have decided, as president, to turn a blind eye and deaf ear to his authority being shredded, but he acted decisively, putting paid to that. He proves that he is made of steel, had balls of steel and a ruthless streak to unleash when push comes too shove. For days – weeks, even, it seems – he has been wrestling with the Shakespearian dilemma: to be, or not to be? To fire Ousainou Darboe or not? The decision to get rid of Darboe was a difficult decision, hence, as he pondered about the enormity of it, he dithered, equivocated and tergiversated. Like a Trappist Monk used to paying homage to a useful God that has gone rogue, diminishing any lingering hope and decimating trust – cornerstone foundation for faith – he turned against a Jupitererain salvation. No one can accuse him of not reaching out: he did extend a hand of friendship and frisson to Darboe and other UDP officials jailed by former president Yahya Jammeh on frivolous charges, after taking over power, using his presidential prerogative of mercy.

One reality of leadership is to face up to opponents, faces them down and fences them off. Ducking or diving from it is irresponsible and could lit the chateau castle of political power in flames. Politicians are, should be, realist, not fantasist fitting their political aprons on fantastical fictions. Reality is the yin and yan. You have got to have your feet on the ground, ears in the air and eyes on the horizon to be in tuned, on time and on target. As the leading American 20th century philosophical science fiction writer, Philip K Dick, stirringly quipped: “Reality is that, which, when you stop believing in it, doesn’t go away.” That is the cue: if you believes in something, you have got to have the courage of your conviction, and do what is right, with the capacity to convince to hammer home your reasons to the people.

The tussle between Barrow and Darboe reflected a battle between two strands of the UDP: the purist and the pragmatist. The purist wants to detoxify the government, and its institutions, from anything reeking of Jammeh’s vestiges. While the pragmatist – and Barrow belongs to this camp, as inferred from his public stance and statements – wanted to bury the hatchet of the past, focuses on challenges of the here and now, and get on with the job. It is the right approach. Even though it exposes the pragmatist to flaks of renegade revolutionalits, they are the sensibles going with the wind of history. Because the mandate given to the president from Gambians in 2016, under a coalition ticket, was for him to be president for all Gambians, not a partisan person. In twisting the knife on Darboe and co. he fulfilled his duty and responsibility to Gambians.

There is no point having epicaricatic delectation over the political misfortune of the political dinosaur, Darboe. He has been in the political jungle long enough to see this as a blip, a flash in the pound that will come to pass.  Down but not yet out of the political game, history records that his party still commands majority support in the country post-Jammeh. If the country is to go for election tomorrow, he will be swept to power in a resounding victory.

It is a straight fight for the heart and soul of The Gambia between Barrow and Darboe. Forget about Barrow’s Youth Movement. It is a fig leaf for the political vehicle he will ride on to fight re-election. If proof was ever needed: his decision to fire Darboe, throwing caution out of the window. Battled-hardened, ready and willing: he has signaled readiness to  go mano-to-mano with his former party, with all the consequences that entails. Political spectators, the race bell for the 2021 presidential election has tolled: on you marks, get ready, go! To quote the former French king Louis XV ( 1710-1774), who, so cocksure about his indispensability, simpered: “Apres moi, le deluge (which roughly translates after him, the flood, meaning  France would plunge into chaos). After the Barrow v.s Darboe showdown, expect both flood and political earthquake!

Amadou Camara Studied Political Science at University of The Gambia, and Currently Resides in The United States

The Masses Are The Most Reliable Protection And Power Behind Our Revolution: Not GNA, PIU, Sis Or ECOMIG

By: Ousainou Mbenga

From the Gambian front of the African revolution, we want to inform President Adama Barrow that his braggadocious claim of being more powerful than Jammeh because he has the Gambia National Army (GNA), Police Intervention Unit (PIU), State Intelligence Service (SIS) and ECOMIG behind him is a delusion of grandeur. It was the Gambian masses whovoted you into office and not your state instruments of repressionand you betrayed them.

The presence of ECOMIG with your previous ‘Jungler’ – NIA infested national security and even yourrecently exposed gun-slinging ‘sponsor’, Abdourahman Jawara can’t intimidate the increasingly disgusted and betrayed Gambian masses. If you really want to hear the masses views; you haven’t done anything. Yourincreasing exhibits of power drunktendencies comes asno surprise. It is typical of the treacherous African petit bourgeoisie and its aspirants such as yourself. In just two years, you and your hungry pack of “get rich quick” administration are undoubtedly inspired by the rabid aspirations to build individual wealth at the expense of our impoverished and crippled Gambia.

Many among us never expected your regime to “drain the swamp” that Jammeh had turned Gambia into. Instead you protected and continue to dirty up the swamp with your selective and disingenuous constitutional reforms such as the “age limit” for the presidency while the repressive “public order act” is entrenched. Furthermore, you expose our veins for anyone to draw and drink the blood of the suffering masses in the name of “foreign investments” with the deliberate exclusion of the sons and daughters of our beloved Gambia as “local initiatives” for genuine and sustainable development.

Consequently, the Chinese, Indians, “newLebanese”, Turkish and a host of other unscrupulous investors control the livelihood of our people with no relief in sight. Your belief that these unscrupulous “foreign investors” are the solution to our wretched social conditions exposes your gullibility and “leadership” of questionable integrity. And itconfirms your treacherous intentions to only accumulate personal wealth and further cripple our beloved Gambia. The environmental degradation on land, sea and air are of no concern to your mal-administration. You continue to call upon the “diaspora” including exiles to return and contribute their “quotas”. But what will they return to? The foul swamp you adopted from Jammeh? The “diaspora” is now aware of your game and finally realize their blunder in your rise to power.

                              

        THE SCRIPT IS FLIPPED!

Now that the Barrow / UDP hegemony (regime) is in a state of dissension, whether perceived or that it’s just our imagination as some “militants” would want us to believe, we see it as a  vindication from our informed analysis of the inevitable implosion of the Barrow / United Democratic Party (UDP) regime following its “tactical betrayal” of Coalition 2016 and the subsequent flip — flopping on the 3 year or 5 year term limit for the Barrow presidency.  As the genuine struggle continues, it is imperative that we know who to form a coalition with the next time around.

The apparent divorce between the opportunist “tactical coalition”, the once upon a time Barrow / UDP regime, has rendered UDP a mere appendage of the Barrow administration. An appendage can serve a function when intact but can be excised without posing any imminent danger. This is what Barrow has relegated the UDP to, take it or leave it role. Both the Barrow administration and its UDP appendage are bursting at the seams in their own internal contradictions, a crisis of blatant mis-leadership which to this date have shown us no direction but to return us to the swamps of “business and politics as usual”.

The intent, if we allow it, is to hold the Gambia hostage to substandard performance while unscrupulous practices are on the rise with no relief in sight. We must demand the best for our beloved Gambia. Their contradictions are not the makings of the Gambian masses but that of the most unreliable sector of our society, the impotent self — acclaimed “intellectual elite”, known best for their ravaging consumerism under the most wretched and despicable conditions the length and breadth of the Gambia. Indeed, the bug has also bitten Barrow, which explains his increasing pompous behavior of entitlement to a wasteful life style at our expense. A trail of betrayal is what the neocolonial state (colonialists in black faces) paved in Africa. The Barrow mal-administration is blazing that trail of betrayal.

To put it fittingly, the Barrow administration and its UDP appendage is as chaotic as the traffic on the horrible roads in Banjul and other cities and towns in the Gambia. Our beloved Gambia is deliberately being crippled by:

. Thoughtless and horrible plans or no planning.

. Indiscipline from the top to the bottom and back.

. Corruptibility – FaBB, 57 vehicles, chartered flights, Mansions, NAM bribery,

  Supplemental Appropriation Bill (SAB), bloated bureaucracy of sycophants.

. Lack of foresight and hindsight.

. Normalizing the abnormal.

. Mediocrity.

. Feather your own nest, to hell with all else.

. Arrogance.

. Youth abandonment, secret deals of mass deportations of Gambian Youths.

. 17 empty promises.

.  Begging and the dependence on AID.

.  Insecurity of our “national security”.

    2019 UP FOR GRABS OR REVOLUTION?

 

Recently, Barrow declared 2019 to be the “turning point” for his unspecified plans despite the catastrophic dead end turns that he has repeatedly made in only two years. As the whole world witnessed, Barrow’s first opportunistic turn in 2019 was the calculated inauguration of the not fully complete “SeneGambia Bridge” to appease Macky Sall and honor one of the agreements following the impasse of 2016. Known for their “secret society” operations, such as the secret agreement to deport Gambians from Europe and America, Barrow and his enabling administration has equally vanished the discussions around FAR Limited (First Australian Resources) findings of oil and gas reserves in The Gambia, just as the $78,000 that crawled into the FaBB foundation went off the radar of inquiry (“FATOUMATA KODOO LEY”). Barrow’scurrent strategy is to win us to take his side in the ongoing “power struggle” between him and his “political father’s” party, UDP. The Barrow administration and its UDP appendage represent the neocolonial state, not the interest of the people who “voted” them into office. Both Barrow and UDP are fighting to survive the political catastrophe of their own making at our expense. National governance is being held hostage by the raging internal “party politics” which all indications suggest has degenerated to name calling at tit-for-tat rallies while we wallow in misery.

The vast majority of Gambians will take neither the side of the Barrowregimenor its appendage, UDP but would rather defend the national interest of our beloved Gambia at all cost. The Gambian masses are awaken from the nightmares of the Jammeh era and will not fall for your empty promised “dreams” that are turning into nightmares. In the two years since the Gambian “voters” entrusted you with the task for a 3 year transitional period into a “New Gambia”, you and your enablers have stayed on the same disastrous path as Jammeh.

All evidence shows that your ability to be corrupt will no doubt surpass that of Jammeh. The two sticking point examples that prove that you can be worsethan Jammeh are the $78.000 (D33, 000,000) that crawled into the bank account of your wife’s foundation (FaBB) and the cost of the chartered flight to attend the United NationsGeneral Assembly, which you defended as normal for a president to do.

  THE REVOLUTIONARY ALTERNATIVE

 

Emerging from 22 years of neocolonial terror in the Jammeh era, preceded by 32 years of suffering peacefully, a sum total of 54 years of “flag independence” punctuated by two coup d’etat and a miserable trail of mal-development, it is time for a revolutionary alternative to rise to the occasion and chart the revolutionary path for a genuine New Gambia.

We therefore, declare 2019 as the revolutionary turning pointfor our beloved Gambia away from the rudderless Barrow regime, its current appendage, UDP and all the enabling tapeworms, whether civilian, in the army and the incompetent “national security service” (PIU & SIS). This revolutionary turning point will present to the downtrodden masses the revolutionary alternative to “politics and business as usual”. We must reach and win the masses to revolutionary politics, the only politics that will change our lives fundamentally.

Following 22 years of terror, brutality and betrayal by the Jammeh regime and the deliberate continuation of that betrayal by the Barrow administration, the“New Gambia” is nothing but a mockery and an insult. With all the corruptible practices of the Jammeh era intact, such as the retention of the known killers, torturers and rapists from the army, junglers, police, NIA and civilian enablers, who would doubt that Barrow will unleash these gangs of thugs on us when we escalate our fight against his reactionary regime. We continue to witness the brutish arrogance of the Inspector General of Police (IGP) and his thuggish Police Intervention Unit (PIU) making intimidating warnings against our rights to protest. All evidence and signs from the Barrow regime points to another disaster. Some of us will not idly sit by and watch the Barrow administration, its UDP appendage and its “tapeworm enablers” to drown us in the swamps.

Therefore,to what end we ask? Did we fight Jammeh for 22 damn years only to have the Barrow administration become another Jammeh in “sheep’s clothing”? The answer is a resounding, hell no! We fought the Jammeh regime and handed power to the most unreliable sector of our society. Our revolutionary turning point will be the “new beginning”in our beloved Gambia. This is the time to create a formidable and revolutionary opposition in the Gambia. The opposition that Jammeh said never existed — “I don’t have an opposition” Jammeh once said and to his credit, he was right. We must cultivate the conditions for revolutionary professionals to capture STATE POWER, nothing less. Anything short of capturing state power and the willingness to govern is a pipe dream and another betrayal of the aspirations of the Gambian masses for a better life with prosperity. The vast majority of our downtrodden people are fed up after 54 years of betrayal, we deserve the best our motherland has to offer. Let all the sons and daughters of our beloved Gambia rise up and join us in cultivating a revolutionary Gambian front for the African revolution.We will win!

WILL ALL THE DISCIPLINE SOLDIERS, POLICE AND INTELLIGENCE STAFF READY FOR REVOLUTIONARY CHANGE PLEASE STAND UP!

             

The Recent Supreme Court of the Gambia (SCoTG) Interim Ruling: A Dreadful Judicial Precedent

By Pa Louis Sambou     Sunday, 17thMarch 2019

 

 

Since the coining of the phrase ‘New Gambia’ and its widespread use to reference this post Jammeh era, one could be forgiven for assuming that we are now a functioning democracy. Unfortunately we are anything but. The ‘Democracy Implementation Project’ (DIP) is not yet a foregone conclusion; in actual fact, it has not even commenced yet.

 

The existing state of affairs is a semblance of democracy which it can be argued is extremely volatile.

 

The Supreme Court of The Gambia (SCoTG) in the Case (Injunction application (SC Civil Court No: 001/2019)) concerning an interim application against an Executive act, in dismissing the application relied on the Public / Constitutional Law principle of ‘Presumption of Regularity’ (PoR). The PoR is a Common Law doctrine which it has to be said is widely used around the world. The effect of this legal principle is that the courts will presume that the official duties have been properly discharged (by the person / institution against whom legal action is taken) until such a time the challenger presents clear evidence to the contrary.

 

In this specific case the Justices of the SCoTG presume the revocation of Ya Kumba Jaiteh’s nomination by the President a lawful act until such a time (at the hearing of her petition) evidence is presented to suggest otherwise. I must state with some degree of reluctance that the reasoning behind such uncomfortable determination / judgment is very problematic: The application of the principle is deeply flawed and, the legal precedent it sets is very adverse to our democracy and a leap into the dark.

 

The Flawed Application of the ‘Presumption of Regularity’ (PoR)

 

‘Presumption of Regularity’ (PoR) is a deference doctrine. Its application is dependent on the existence of a functioning constitutional order, not a semblance of it. The existing constitutional order (the 1997 Constitution) is widely discredited. This is evidenced by the ongoing consultations to have it replaced, an exercise which commissioned by the current Attorney General, endorsed by Parliament (hence the Constitutional Review Commission Act (CRC) 2017) and spearheaded by a SCoTG Justice who ironically was a sitting Judge on this matter under review. Even more farcical, the Attorney General who on the 11thDecember 2017 stood before Parliament (to present the CRC Bill) and denounced the existing Constitutional order as being unfit-for-purpose appeared as Defence Counsel defending the very constitutional order he already denounced and pretending that the respective denunciation (by him) on the 11thDecember 2017 never even happened.

 

It is widely accepted that the existing constitutional order is unfit for purpose and, the current political state of affairs exceptionally extraordinary. Therefore the application of the PoR in circumstances which are anything but ‘Regular’ adversely narrows Judicial scrutiny and widens Executive indiscretion. Given what our country is reeling out of (30 years of terribly bad governance and a subsequent 22 years of bitter dictatorship) this is very worrying.

 

The remedy for our unworkable constitutional and political order is not the application of an off-the-shelve Constitutional Law principles as usual but the adaptation of such principles as dictated by circumstances.

 

Courts have in recent times departed from the PoR in key cases. In the case involving CNN and the White House (WH) (following the revocation of the WH press pass of CNN journalist Jim Acousta) the Court, departed from the PoR and ordered for the temporary reversal of the revocation as an interim measure. The same was the case in almost all of the 50 cases following the attempt by President Trump to implement an election manifesto pledge (the ‘Muslim ban’). The PoR is certainly not applicable in circumstances which are extraordinary or not the norm.

 

The SCoTG ought to have on this occasion adopted an implicit neutral approach in deciding the legal question before it rather than erroneously making a determination relying on the PoR which key precedent(s) from around the world suggests is inapplicable in extraordinary circumstances.

 

The Precedent is a Adverse to Democracy and a Leap into the Dark

 

Never mind the respective parties and the underlying politics behind this specific case (both of which are, as far as I am concerned wholly  irrelevant and insignificant in the public interest argument I put forward here), the effect of this ruling from the highest Court of the land presents very gloomy prospects for the future and until it is overturned it will have the adverse effect of frustrating (if not inhibiting altogether) future legal (interim) action(s) against ultra vires actions by state agents / agencies. This is most certainly the polar opposite of what is in the public interest.

 

From the ruling on the subject of the constitutionality of the Public Order Act (which the SCoTG endorsed as constitutional), then the riling on the issue of False Publication & Broadcasting (which the SCoTG also endorsed as constitutional) and now this unfortunate precedent. For a post dictatorship Supreme Court, this is a very uncomfortable trend and track record which must worry us all.

 

The SCoTG appears to be too Conservative, resistant to progressive change or, the Justices are simply too unduly hesitant to progressively develop logical Judicial precedent and caselaw consistent with 21stCentury democratic society.

 

There is indeed  credence in the suggestion that the SCoTG is gradually and inadvertently opening Gambian society up to the very risks and excesses it is meant to protect it against. This must dread us all.

 

Shock as GPU president assaults fellow journalist

By Molefa Touray

Thousands of viewers at home and abroad were thrown into a major shock when Sheriff Junior, the president of Gambia Press Union verbally assaulted Lamin Njie, the editor of Fatu Network. The assault happened on a Facebook live video coverage when Lamin Njie appeared to ask the G.P.U president about his take on the outcome of the Kumba Jaiteh case before the Supreme Court.The award-winning journalist snapped and rained insults on the innocent reporter. Sheriff junior even went as far as telling the reporter to “fucking put the mic down”. The profanity laden video went viral with over twenty thousand viewers watching and many more sharing it on whatsapp .

Apologizing on his Facebook page sheriff junior wrote: “A video showing me snapping at Lamin Njie, a journalist with Fatu Network has been going viral on Facebook since early this afternoon. In the video, I got frustrated after he insisted on interviewing me about the Supreme Court ruling on Ya Kumba Jaiteh’s case earlier today, and I used profanity.From the bottom of my heart, I take full responsibility for my behavior and I want to unreservedly apologise to Mr. Njie and the management and staff of Fatu Network for my behavior”

Reacting to Sheriff Junior’s viral video Matthew K. Jallow, a Gambian writer and social critic wrote: “I find a rather disturbing video circulating in social media where the president of the Gambia Press Union, Sheriff Bojang Jr. used curse words in reaction to a journalist seeking his views on a salient subject matter. This is a serious breach of GPU’s unwritten moral & ethical codes. I think it’s in order for the GPU Executive to meet and censor Mr Bojang, and to ask him to desist from such very disrespectful behavior, as it will tarnish the good name of the GPU as a body”.

Also reacting to Sheriff junior tirade against a fellow journalist, Sainey Darboe the editor of Gunjur News Online called for the resignation of Sherriff junior as he has lost all moral grounding to lead the press body after attacking the very people, he is elected into office to protect. “The profanity-laden assault on Fatu Network editor, Lamin Njie, by no less than the president of Gambian journalists, Sheriff Bojang, defies conceptual grasp. To have a GPU president who didn’t have qualms about launching a vitriolic attack on a fellow journalist, memorialized in a viral video, is nothing short of an insult to the memories of slain Gambian journalists like Deyda Hydara and Chief Manneh.”

The furious former Editor-in-Chief of Standard newspaper- Gambia called for the resignation of Sheriff junior as GPU president:  “And let me put it better: If he cannot conduct himself with decorum at the point of supreme challenge he doesn’t deserve to represent Gambian journalists. It is high time for  Gambian journalists to put an end to his presidency because he has dishonored the position and profession by his contempt of all journalistic ethics and basic human decency.”

 

 

Beware the Ides of March – Winners and Losers

By Sana Sarr

Friday, March 15, will now be a memorable day in the history of Gambian politics. In Caesar’s Rome, it’s the day the soothsayer warned Julius Caesar to beware of. It’s also the day Caesar was literally stabbed in the back by his most trusted friend, Brutus.

President Barrow vs Vice President Ousainou Darboe and UDP – I don’t think anyone will accuse President Barrow of reading, much less of being a scholar of Shakespeare, but students of literature will appreciate the coincidence that he chose March 15 to finally fire his mentor, trusted “friend” and Vice President, Ousainou Darboe – the same man he once called his “Political Father” and the one who dubbed him the “Moses” that came to deliver Gambians from the clutches of tyranny. Social media went wild with many of Darboe’s UDP supporters calling Barrow a traitor and many UDP critics celebrating the president’s move. Some neutrals expressed concern at what impact such a fallout will have on the country. To the keen observer, this fallout could be seen from a million miles away. You cannot encourage me to cheat on my wife with you and then expect me to be faithful to you. After Barrow, with the encouragement and support of Darboe, broke away from the MOU and all his coalition allies including his campaign promise of a 3-year transition, we did not require a soothsayer to predict that Darboe himself would eventually be a casualty.

Personal and political party interests aside, I think the fallout is a net gain for Gambia. In my blog of February 27, I explained why Darboe continuing to serve as Vice President does not serve the best interest of the nation, so i won’t bore you with the same reasons. Proponents of democracy place great value in the existence of checks and balances. If a strong opposition is good for democracy, then this fallout is a huge push towards having a strong opposition. UDP supporters may be upset that they’ve lost a Vice President (and two ministers), but Gambia just gained more than UDP lost. The opposition has gained a strong voice – the leader of the majority party in parliament. Now out of government, Mr. Darboe is no longer restrained and is free to stand stronger and speak louder in holding the government accountable. His political experience and professional experience as a lawyer will be more useful to the nation as a critic, activist and political leader than as a mute yes man to President Barrow. He will no longer turn a blind eye to Barrow’s many transgressions, but will speak up and challenge him where necessary. If Barrow tries to bribe members of parliament with cars from “anonymous donors,” Darboe will be there to advise the majority UDP members to reject the “gifts” and call out the President. Now when Ya Kumba goes to court, she will have one of the veteran legal minds and prominent faces standing by her side. Now Mr. Darboe can spend more time organizing his political party in readiness to challenge Barrow and his big advantage of incumbency. A loss for UDP? Maybe. A loss for Barrow in the long run? Perhaps. A win for Gambia? Absolutely!

Ya Kumba vs President Barrow – The Supreme Court of The Gambia also made a ruling in the case of Ya Kumba Jaiteh, a nominated National Assembly member who is suing the President for revoking her nomination from the country’s legislative body. The court ruled that Ms. Jaiteh should abide by the President’s decision and that her newly nominated replacement can be sworn in to begin duties while the court makes a decision on whether the President has the power to revoke her nomination. To many, especially Ya Kumba’s supporters, the ruling is an indication that the court will side with the President. Many are angry and have started accusing the Supreme Court of aiding a Barrow Dictatorship. The topic has been one of great contention even among legal scholars. Many, including the President of the Gambia Bar Association, argue that the President does not have the right to revoke the nomination of a member of parliament once the individual has been sworn in. Many others argue that the same powers the president has to nominate a member give him the right to revoke the nomination. I’m no lawyer so I’ll trust the judiciary to do their job. My personal opinion though, is that since the elected members of parliament can be recalled by the constituents who sent them there in the first place, it only makes sense that the nominated members can be recalled by the constituent who sent them there – in this case, the President. Despite that opinion, I will respect whatever decision the Supreme Court makes. I hope other Gambians also learn to trust the process and respect the court. Storming the court to express one’s anger can be seen as an attempt to intimidate the judiciary and anti-democracy. We should also note that it’s not a dictatorship simply because you did not get your way. Is Barrow right? Maybe. Is Ya Kumba right? Perhaps. The court will decide. The good I hope will come out of this is that the biggest party, the UDP, will now join the rest Gambians to work on making constitutional changes so we no longer have any nominated members. The Parliament is supposed to hold check the powers of the President. It therefore makes no sense to allow a President to handpick 5 members, including the Speaker, to be in the body.
I hear some argue for the nominated members to represent certain minority groups who may otherwise not be represented in parliament. While i am all for inclusive representation, I don’t think the system as it currently is is the solution. For starters, at no point since Independence has the President ever filled those seats with minority groups. It’s always been privileged people or political carrots for the President’s political allies. Second and more importantly, if we want minority representation, then how about allow those minority groups to elect their own representatives? That’s a lot more empowering than giving the President powers to nominate. I hope this move by Barrow is a reminder and an inspiration for all of us to fight hard to stop allowing nominated members inside a body of elected representatives.

Gambia Press Union President vs Journalism – Finally, we saw the video of Sheriff Bojang Jr, the president of the Gambia Press Union, thrown F-bombs at a journalist who simply asked him for commentary on a case at the Supreme Court. Mr. Bojang screamed that the journalist was “reckless” for asking him to comment because he (Bojang) was not a lawyer…and then told the journalist to “f**king put the mic down.” Of all the day’s stories, this one was the most disappointing to me. Journalists around the world continue to face harassment and persecution, including death and imprisonment at the hands of authoritarian leaders. Gambian journalists in particular have been murdered, tortured and sent into exile over the past 2 decades. As the nation emerges from such times for journalism and freedom of the press, journalists need all the help they can get to build the confidence to do their jobs without fear. Nobody should understand this more than someone who assumes the position as leader of all the journalists, and the editor of his own paper, The Chronicle, in the country. It is therefore sad and shameful that Mr. Bojang, for whatever reason, acted in such a manner…and the calls for his resignation are highly justified!
To his credit though, Mr. Bojang was quick to issue an unreserved apology to the journalist he abused, all journalists and all Gambians. This apology supports the many who came out in his defense to attest to his character as a decent guy and argue that his resignation would be a loss to the Press Union. While i take their word for it and hope Mr. Bojang stays on, I must say that his actions are utterly disappointing and I hope he learns from the moment and uses the video to teach how not to treat a journalist. I hope he works extra hard to prove his supporters right through his work at both the Chronicle and at the Gambia Press Union.

Marina: How an entire nation let a harmless 13-year-old student down

0

By Lamin Njie

When news first emerged on social media that Marina International School has expelled a student over driving offences, many greeted it with pleasure. Thanks to the way in which the news is told, the whole nation could only applaud the school’s decision. But maybe, just maybe, it is time to think again.

It was 18:09 pm on February 1, 2019 when Kinneh Sillah Senghore received an email informing her that her son has been suspended. Baba, school authorities say in their email, was the architect of his own misfortune. They said Baba was 17 minutes ago caught operating a motor vehicle in school and they were left with no option but to answer his action with fire.

“To be honest with you, I was very mad with my son. Anyone who knows me knows that I’m someone who trains her kids well,” Kinneh says.

Young Baba was not home when his family learnt about his suspension. His mother tried to understand how on this very large earth her son could be suspended.

“I waited for him to return home,” Kinneh says.

Kinneh unloaded on young Baba as soon as he knocked on the family’s Bijilo house front door. Young Baba spent the next hour or so crying. He then walked up to his mother and asked if he could explain.

“I wanted an explanation on why he was suspended and after he finished explaining, I was not convinced,” Kinneh says.

Young Baba then approached his sister and aunt. His aunt, after listening to him, asked Kinneh to visit Marina to find out what really happened but Kinneh said she won’t. But four days later things took a new twist.

“I received my son’s suspension email on Friday and on Monday February 4, 2019 I got a called from Mrs Sonko who informed me that my son has been expelled,” Kinneh says.

“The woman told me there was a expulsion letter that I should come and pick. My sister went to school to pick up the letter. She first appealed to them to change their decision but they said no. She came home with the letter.”

Marina International School didn’t just stop at handing a letter to Young Baba’s family. It also called an emergency assembly where it named and shamed Baba. The unsuspecting students were made to believe Young Baba was like a terrorist. According to Kinneh, she discussed the issue with her daughter and her son.

“I discussed with my daughter about the expulsion who told me there was nothing that could warrant an expulsion,” Kinneh says.

“Muhammed told me it could be possible the school was using his case against Young Baba. Muhammed was involved in an incident at the school.”

Muhammed who attended Marina was ran over by a bicycle by another student who ended up being injured after falling from the bicycle. One would expect the teacher who witnessed the incident respond to it strictly as a school matter. She instead called the parents of the boy who came to the school and manhandled manhandled Muhammed.

Meanwhile, as Monday (the day the expulsion letter came) coursed down, Kinneh who was clearly not sure of what to do plumped for the needful. She met her lawyer.

“My son was with his cousin who gave him a ride to school when the purported incident happened,” she says.

“Before going to see my lawyer, I called him and asked him what happened on that day. He said my son didn’t do anything. That he wasn’t that careless to allow the boy drive a car.”

Kinneh then asked Muhammed (not her son) if he could come with her to meet her lawyer.
“We meet my lawyer and the lawyer took his statement and that of my son,” she says.

“But when the lawyer came out and saw the car that was when he told me the car’s number was different from the one in the expulsion letter. My son then said, ‘mommy, this is the car that Muhammed gave me a ride with to school.'”

One of the two reasons advanced by Marina International School in the expulsion of young Baba is that he made an offensive hand gesture towards the school’s principal. But Kinneh’s lawyer while looking at the car that was parked by his office told her how could someone see a hand gesture from a car that has tinted glasses. But then the lawyer advised her to appeal the decision.

Marina International School had given Young Baba’s family five days to appeal but shockingly enough, the school didn’t give him a chance for him to be heard. Yet, on 7 February 2019, Kinneh personally handed in a letter appealing the school’s decision.

“I met the principal who I handed the appeal letter. But while he was walking away, he was reading the letter and tearing it,” Kinneh says.

Kinneh’s and her family didn’t despair. They handed in a second letter on February 13.

“It was driver who took this second letter of appeal. We copied the chairperson of the board of governors of the school. Under three hours, I received a call that I have a letter in the school. I asked my daughter to go and pick the letter. She picked it and read it to me over the phone,” she says.

“In the letter, I was told by the school that the appeal has been rejected. I went to my lawyer and showed him the letter. He told me the ball is in my court.”

Marina didn’t hear from Kinneh for the next two weeks. Her lawyer, apparently was working on a lawsuit. After two weeks, she received a call from her lawyer’s assistant that their case has been assigned to a judge.

The judge who had seen young Baba and convinced that such a small boy could not be guilty of spinning a car, granted an ex parte injunction on February 28 that he be allowed back in school. The following day March 1, 2019, young Baba was taken to school by a bailiff.

Young Baba’s classmates were happy to have him back. The Fatu Network visited the school and investigations show the students were even clapping to have him back contrary to what school officials made everyone to believe that they were all running away from him. But the class teacher told the bailiff he got instructions that young Baba shouldn’t be allowed to be in the classroom. The bailiff and young Baba returned to the principal’s office where the the principal corroborated what the teacher said.

The principal told the bailiff the school got the injunction yesterday and that it didn’t state the date young Baba should return to school, even as the court was very clear that young Baba should return forthwith. The school’s principal also told the bailiff that if the boy should return to school, he was going to call all parents for them to come and get their kids.

At this stage, the bailiff asked young Baba that they should leave. The principal knowing that the bailiff was going to return to court with young Baba and report that the school has refused to take back the boy, set off the school’s fire alarm system. Teachers massed the gullible students and asked them to chant, “We Need Arthur.”

After almost an hour, the bailiff returned to the school with some police officers. The Fatu Network investigations also showed the officers conducted themselves well as they asked the principal that he was needed at the court. By this time, the school has called its lawyers.

At the court, the judge asked the principal if he understood what defying a court order means. The school’s lawyers, convinced that the school had blundered, applied that the principal be granted bail. During the hearing, the judge enlightened that the parties when such civil matters occur, settling it out of court is always the first option. But the school’s lawyers shocked everyone when they said they were not aware of the matter.

But lawyers on both sides spent the next hour conferring over the matter. At the meeting, the school’s lawyers told the lawyer of young Baba’s family that they were surprised to learn that Baba’s family had reached out to the school to allow them to be heard. The lawyers said were not aware.

Young Baba’s mother, Kinneh, was at this meeting which took place at the high court in Banjul. This was the very day the principal was hauled up before court.

“One of the school’s lawyers said I should apologise because I went to the school and insulted the principal,” Kinneh says.

“I she wasn’t going to apologise because I didn’t insult anyone. I didn’t create any scene at the school as is being alleged. The school has cameras everywhere. There was this teaching who was shouting.”

At the meeting, Marina International School lawyers said they will find a way of addressing the issue so that things could return to the way it was and young Baba returns to school. They meant speaking to the school authorities so they could end their campaign against Baba.

Young Baba himself was at the high court on that fateful day and traumatised by the events told his mother he was scared of going back to Marina.

“He looked and me and said, ‘mommy, I’m scared of going back to the school,'” Kinneh says.

“Two of the school’s lawyers Bori Touray and Lubna Farage who heard him say this felt sad.”

After everything ended at the high court, the school’s board chairperson who is at the heart of the campaign against Baba called an emergency meeting where it was decided that the school be closed.

On Saturday March 2, 2019, all parents were sent emails regarding the closure of the school. The unsuspecting parents quickly bought into the story that the school sold them – that young Baba was caught spinning a car, blowing dust and putting the lives of hundreds of students at risk.

On Monday March 4, 2019, a well-attended PTA meeting was held in the school and the principal who spoke at the event said he will not come to school if young Baba returned to the school. Teachers said they will not teach, students said they will not come to school.

But at this meeting, one of the school’s lawyer’s said young Baba should return to the school as it was a court order. One parent shouted, ‘to hell with the court order.’

On her part, chairperson of the school’s board who many accuse of fronting the campaign said if young Baba returns to the school, he would be put to a corner and no teacher would teach him. The meeting ended with almost every parent convinced that Baba is a criminal whose return is unthinkable. They all said if young Baba was going to return to the school, they were not going to allow their children go to the school.

At home, family members asked Kinneh not to allow young Baba to return to the school.

“They came and asked me not to allow Baba to come to school on Wednesday. They also wanted me to withdraw the case,” Kinneh says.

On Wednesday February 6, Marina reopened to business. Young Baba, as per the court’s order, was to resume school. Teachers, parents and students were all braced up for Young Baba to turn up. Young Baba didn’t show up. And he hasn’t since.

“As at now, we are all traumatised. They have spoilt my son’s education. The boy’s image has already been tarnished. Wherever he goes now, people are going to run away from him,” Kinneh says.

Young Baba whose father was one of the biggest contributors to Marina International High School is now out of school. His family isn’t sure of what the future holds for him.

Young Baba is just 13 years old. This is why his real name has not been used.

HOMOSEXUALITY: Kenya Court Postpones Decision on Colonial-Era Laws

0

By AFP

Kenya’s High Court on Friday postponed a much-anticipated ruling on whether to scrap colonial-era laws which criminalise homosexuality, citing a heavy case load.

“The files are above my height… we are still working,” said Chacha Mwita, one of the judges, who added that one of his colleagues was on leave and other members of the three-judge bench were juggling multiple cases.

He set the decision for May 24.

“We plan to meet in April if all goes well and see whether we can come up with a decision. You do not appreciate what the judges are going through.”

Gay rights organisations are asking the court to scrap two sections of the penal code that criminalise homosexuality.

One section states that anyone who has “carnal knowledge… against the order of nature” can be imprisoned for 14 years. Another provides for a five-year jail term for “indecent practices between males”.

The petition was initially filed in 2016, and activists had been eagerly awaiting the decision, which could reverberate around Africa where several nations are grappling with similar laws.

On social media Kenya’s LGBT community and allies have been anxiously counting down the hours to the ruling.

“To say we are disappointed would be an understatement,” the National Gay and Lesbian Human Rights Council (NGLHRC), one of the petitioners, wrote on Twitter.

LAMIN NJIE: President Barrow can go ahead and do five years but there will be a cane swinging over his head

0

President Barrow should by rights step aside in December. He has in the past 24 months proven to be not good enough for what is definitely one of the toughest jobs in the land.

On the face of it, that president Barrow is of a mind to serve for five years instead of the three years he promised us shouldn’t come as a surprise. What about the furore it has set off? We’ll get to that in due course.

Certainly, while many rejoiced when a tired-looking president-elect told a French journalist he will leave office after three years, there were some to whom it never seemed unthinkable he could have a change of heart.  And then suddenly this has come to pass.

It is not hard to pick together the president’s action. Human beings are always human beings. Sometimes, they make a hash of things. That’s what has happened in this case. It’s not the end of the world. Not at all.

But ever so loudly, the debate of whether President Barrow should step down after three years or stay beyond the period has become rather heated. Everyone is so invested, everyone so ensnared in it. Much continues to be made of it, quite awesomely.

Of course, those against the president staying beyond three years are more than those who support his plan to do five years. It’s something I pin on his inability to find his groove after over two years in office. A little mean, perhaps, but understandable.

But let me put this one this way then: it shouldn’t come off as a big deal for the president to want to do five years as sanctioned by the constitution to finish up the key projects he has started. Any reasonable man should have no problem with this.

I think the reason why so many people are these days urging the president to go home in December is that he has stumbled at every turn, something that is due to his lack of preparedness.

But somehow, President Barrow has strong backing in some quarters. The UDP quarter is a huge fillip even if many of the party’s adherents have now started pulling away.

Still, for Barrow to have the temerity to say he is going for what the constitution says knowing full well it doesn’t constitute a crime if he resigns after three years now sets the stage for a bitter political row. Ladies and gentlemen, this will be enervating so buckle up.

Yet, even if the president survives, there will be a cane swinging over his head. Gambians will still be lying in wait for him. It will be a case of eating a well done Super Kanja and tearing up because there’s too much pepper.

OJ’s Torturer Bah: I Was Misguided, Satan Was also Involved

0

A senior Gambian army officer who broke Omar Jallow’s eye socket in 1995 said Tuesday that his level of maturity at the time led to his savage act against the former agriculture minister.

Below is a full transcript of his testimony on his encounter with OJ…

I worked that time still with the Gambia National Army Training School which was of course located in Fajara Barracks. At the training school we don’t have an armoury of our own. We keep the weapons of the training school with the Fajara Barracks main armoury. And time and again, we do go to the armoury from the training school to signed out our personal weapons from there or to signed out any equipment from the Fajara Barracks. So it’s just a walking distance maybe 12, 13 minutes, 15, 14 minutes from the school to the Fajara Barracks armoury.

So occasionally, we march from the school or you walk individually on your own to go to Fajara Barracks and then collect your weapon go back to the school. When you finish the function or the duty with the weapon again you walk to Fajara Barracks and return your weapon. This was our routine. It was one of our routines at the training school.

So actually the issue with uncle OJ Jallow happened when one day we were going to the armoury to collect our weapons and I was also going to the armoury to collect my weapon then upon reaching the area of the armoury which is very close to the main gate, I saw some vehicles – pickups with trucks. They were bringing some detainees. Already that time there were other people who were detained there but when I come to the armoury going home as I am passing I used to see them on the sides you know sitting there or some of them standing there with some other soldiers.

On this occassion, once I arrived there, these vehicles were also coming and bringing some detainees. So among the group I saw Almamo Manneh I think he was among the main people who were escorting these guys to the Fajara Barracks. And Almamo I happened to know him, he comes from the North Bank, Sitanunku. I come from Buniadou, North Bank Region. When he was going to school like many other students in the cluster villages because our village was close to Berending, they bring their students to stay in our village.

There were a lot of students from the cluster villages almost the size of the boys of our village. Almamo was older than me. He was contemporary to my eldest brother Alieu Bah he also passed away. They used to move and you know at our home in Buniadou if you know my father used to have cows that time he was alive. And at our home, there is no time for breakfast, there is no time for lunch, there is no time for dinner. Anytime you come to our house, you will eat milk and then what we call cherreh. So most of the students, you know Almamo was moving with my brother plus some other guys because they are age groups…

And most of these students used to come to our home to have food there. My mom was very generous to everybody. In fact when we used to have a guest in the village the guest will go to the alkalo home, they will tell him, ‘go to Pa Ousman’s compound.’ So we used to have guests every time and these students also used to come. So that mingling with my brother and then myself I was young that time, also going to school I think I was in primary five or six and Almamo was in the senior school in Berending. I happened to know him and we used to chat. They used to send us with my brother. So I knew him from that time. Eventually when he finished school, then he enrolled in the army. When I also finally finished the school, I also enrolled in the force. So this was a person that I valued as much as I valued my own brother. And when I happened to join the army also, I used to take advice from him, if I have things that doubt me. I used to ask him because he was my senior. So even though we were not at the same unit we were very close and occasionally we used to meet at our village during programs.

So they were channeling these detainees going to those where they kept them, those hangars… if you, maybe the commission one day will go to Fajara Barracks to see for themselves. You have the armoury then when you pass the armoury a little bit on the left you have two hangars. They are both vehicle hangars. The other one is a bigger hangar and the other one if where the vehicles that are ready for use in the morning or the ones that are going for maintenance they keep them there. The other one, the spare parts and other vehicles that are not needed are usually kept there. So while they were channeling these detainees there, then Almamo had already seen me, so he waved at me and then he called me.

So then after a while, I went to the armoury. I said, ‘I will, I will come and sign my rifle but I am coming’. So I went there. So when I went there, then I saw Almamo and he pointed and said, ‘do you know these people?’ I said, ‘I have recognised some especially one.’ I think OJ was the most fair coloured among them. And also because he was a minister, I recognised him. Seen him in newspapers I read, so I recognised him. And then he (Almamo) told me, ‘this guy especially’, pointing to OJ. He said, ‘if there would be any problem in this country, a guy who wants to spoil this country it’s this guy.’ And then he started to explain to me that OJ is conniving with the Europeans. You know that time there was sanction, embargo on The Gambia and [Almamo told me] he is working highly on modalities to bring mercenaries into The Gambia and they will overthrow the new government and and the mercenaries who are mercilessly will end up killing all of us. This is the man, this is the main man who is doing that despite the fact he has been warned again and again this is what he is doing and their plans are almost ripe.’

Once he said that, of course that time, I was young. I was in my 20s and the fact that I knew him and the fact that many times I have confided in him with issues regarding some advice, personal advice and advice about the job. All those things and then pointing, telling me that he is the main problem who want to mix this country and wants us to be killed, when the mercenaries come to create mayhem and then the Gambians will suffer, our families will suffer and then on and on things like that. So definitely also around that time because of my age and my level of maturity really I was very gullible and I believed in him. And then that is what led me to join in torturing uncle OJ.

When Almamo said that and I came with Almamo, then few of them were isolated I think about three or four. They were already instructed to undress. Then I came close to OJ and Almamo himself hit him. When I came close to him, as I was coming close to him thinking of what Almamo has told me I was really angry why this guy should think like that. H has been in government for so long. These people just came in, we are transitioning. Why should he think in that line. So as I came close to him, I punched him on the stomach, I hit him on the stomach then he blend down and I started beating him with my hands. So suddenly you know because Fajara Barracks was the headquarters of the gendermarie, then when I looked around I was not satisfied with hitting and kicking him with my hands and my feet I saw these truncheons that were being used by the genderms. For some reason, they were littered around. I reached out for a good one and I was hitting him mercilessly on almost all parts of his body, his head especially. And then he fell down and I kicked him also and I was hitting him. So, this lasted for a while. Me particularly, I was concentrating on him because of what is told about him. So I was hitting him, I was beating him.

Of course like every reasonable man should be able to think that time the maturity was not there. I was in my 20s. Because God tells us in the Qur’an that when an evil monger or a perverted transgressor comes to you with any news, verify it. But also looking at the situation at that time, I was very young [and] this is a guy that I have trusted. I knew him well when I was in primary school at our village and I trusted him also. So I very naive. Definitely, I don’t have anybody to blame but myself because it is my duty as instructed by God to verify whether it was true and even if it was true, I think the most reasonable thing I should have done was to offer him some advice not to go into that.

So several occasions, I can’t remember exactly but I think three or more occasions I have been involved in beating him. And after that, later it emerged that all these allegations were not true. So, I really regretted why… It’s inconceivable why should just an information be given without verifying and then you go into beating the person like that. I accepted guilt in my mind. And really since then, I regretted it. Any time I read the paper and I see the story of OJ on the paper I feel very guilty to myself and I feel very bad. Any time I see him for example on television I feel so bad. Any time I think about it as well, I feel so bad. And after the issues of the OJs, definitely from then on I have even though I have had the opportunity to do some extreme things, I have never involved in anything whatsoever like torturing people and killing people. Even though at some point in the history of our country, everybody knows these were things that were frequent.

But Alhamdoulillah with the protection of God, since after that because this thing keeps on ringing in my mind continuously. I feel guilty and I feel that I have offended him. And ever since, I have been thinking of apologising him. And some people may wonder in their minds why since that time 22 years on now why this guy has never taken the attempt to apologise. My reasons, this was singing in my mind every single day, every single time especially when the issue of uncel OJ is mentioned. But then the reasons why I couldn’t face him to apologise him that time were two reasons; one is that the person under whose rule these things happened was still the president of the republic of The Gambia. And when you go to apologise, one you don’t know how the person you are apologising is going to react. Number two you don’t know under whose watch you did this is going to react. And for that reason, ever since I have not been able to apologise to uncle OJ although this guilt has since then been with me.

And as he mentioned in the Truth Commission, I watched it myself in the evening at my house. What he said about me is true and I want to accept the responsibility. I should not hide to accept the responsibility because if I do that also Allah will account for me. But I feel that if I come out and tell the truth and possibly apologise him, maybe with Allah’s will, he may be able to accept. Even before I was called to the commission, my brother is here, Ousman. I did call him. The whole of my family, I have never confessed to anyone that I have done this. But Ousman, we are very close I have told him about it. And then I have told him to help me. I am willing to face uncle OJ and apologise to him personally if at all it will not be a problem with him. I said to my brother Ousman that I am a human being. All human beings, knowingly or unknowingly we have offended people. And when you are young, you are not very formalised. Because after the OJ incident, I applied for this law programme to the GTTI and from 1996 to 1998 I was studying law at the Gambia Technical Training Institute. Subsequent to that, from 2000 to 2001 I was also studying diploma in management at the Management Development Institute. I was trying to build my knowledge and also trying to build my experience.

Because this is a mistake that has happened to me and I don’t want the mistake to happen to me again. So even before I was called to this commission, Wallahi Allah knows what is in the heart of everybody. I was already working on the modalities. Ousman is here, he can prove me if I am lying. Because the last time I asked him he told me uncle OJ has gone to Nigeria to observe the elections there. And that is why we did not actualise our movement to go and apologise to him.

I want to accept that I’m guilty. What I have done is wrong. I have offended him. I have offended the people of the country because I am a soldier I am supposed to protect the people of the country. And I have also offended my family with them knowing now. Is really very tormenting internally. I have accepted guilt 100 percent and I regret definitely why I have done this. I will urge the indulgence of the commission which is here to establish the truth of what happened from July 1994 to January 2017. I will urge their indulgence to try to show me the way and to help to make sure that I apologise to uncle OJ and I atoned for this sinful thing that I did.

I want to say that I’m sorry to the people of the country. I want to say that I’m sorry to uncle OJ. I want to say that to everybody in this country whether they are Gambians or they are not Gambians.

I know the armed forces is the protector of the people I should have found myself in protecting the people of the country. But like I said, I was young and crazy. So inevitably this is what happened.

Wallahi I will not sleep comfortably until and unless I face uncle OJ and I apologise to him, to tell him what happened around October 1995 when they were detained in Fajara Barracks. My part, I want to definitely apologise to him personally, to tell him, ‘I have treated you in a wrong way. I have accepted the guilt, I have accepted the responsibility and I am not perfect as a human being I will kindly request that you and your family the pain I have inflicted on you by extension the pain I have also inflicted on your family I want you to for the sake of God to you uncle OJ to please please forgive me for what I have done to you.’

Indeed I am willing to apply [amnesty]. This is why I came here and told the truth. Even if this commision was not in The Gambia, even if it was somewhere else I would not have hesitated even a second to contact them and tell things exactly the way they happened.

This is unfortunate. I don’t know how my family is thinking about me now. I don’t know the people of the country looking to this live what are they thinking about me. But I just want to say that we are human beings. We are not perfect. Sometimes when you are misguided and Satan is involved, you may do things that ordinarily you would not have done.

Gigantic Cost of Gambia’s political wars

0

By Sainey Darboe

That the founder of the United Democratic Party and Vice President,Ousainou Darboe, doesn’t enjoy the best of relations with incumbent president Adama Barrow is palpable and pellucid to trained political eyes despite numerous protestations to the contrary. In media interviews, both the president and his political-father-turned-adversary would come out swinging against suggestions that their relations teeter on the brink of deterioration beyond the reach of future mutual embrace, owing to the fissiparous turn of politics at State House since the defenestration of Jammeh regime a little over two years ago.

Enticed and emboldened by the vast lair of power in one of the most improbable ascents on The Gambia’s political firmament, Barrow appears convinced beyond reasonable doubt his best path to perpetuation in power past the constitutionally mandated five-year term is emasculation of the United Democratic Party whose membership he still retains, but continues to disunite and decimate from within with brutal efficiency and ruthlessness.

The setting up of Barrow Youth Movement, which attracted stinging public criticism due to its chilling similarities to one set up by his murderous predecessor, made the new president fodder for attacks by the battle-hardened UDP loyalists. Tensions escalated to a frightening crescendo when the UDP leader, Ousainou Darboe, categorically declared at their December congress he didn’t recognize any other youth wing bar that of the party he has skippered for over two decades. Upon arrival at the airport from a trip abroad, Barrow would issue a scathing riposte followed by more derogatory comments a few days later aimed at Ousainou Darboe whom he taunted for his inability to win previous elections compared to his feat on first attempt.

I can understand Ousainou Darboe’s withering desolation with the accompanying sense of precariousness as he finds himself subject of ridicule by a poorly educated and low IQ president surrounded by opportunists who clearly don’t know any better. It’s only by the grace of God Barrow burst on the political scene at a time when anyone else would have inflicted an electoral defeat on Jammeh due to the cascading effects of two decades of bad governance, disastrous foreign policy choices and economic mismanagement that left the majority of Gambians in crushing poverty. Instead of setting about the task of getting the country back on track, the clueless president is deeply immersed in party politics and embracing, with warmth, despicable pieces of human scum from the Jammeh era out of pure political expediency.

After two decades of hopelessness under Jammeh, Barrow was supposed to be a breath of fresh air. But when we left him alone with our nation and his power, he hasn’t bothered to raise his blood pressure with the comprehension of more nuanced aspects governance, but ruled orally and physically, present in every moment and everywhere with uncontrollable greed ,but also with a diligence inconceivable of his image, besieged by mobs of beggars who beg for salvation from his hand , and lettered politicians and dauntless adulators.

God damn it this is me,I hear Barrow ask, because he could not believe in his wildest imaginations that he could have such power and effect over men previously more privileged than him. He has become convinced of the vanity of power.He has got a massive boost in his business as vendor of houses. He has became savvy and covetous to the point of torture, while his wife accepts in her bank account substantial sums of money of dubious provenances He has renounced UDP for Barrow Youth Movement as well APRC in the belief he has confronted the most terrible risks to his power, laying corner stones for him to rule till the end of time.

Sainey Darboe is a Gambian journalist based in the United States. He serves as editor-in-Chief of Gunjuronline. The views expressed above are personal views of the author.

On the Rise of PPP: A Challenge Renewed

0

By Gibril Saine

Once Upon a Time – The nomenclature ”P.P.P” stood more or less synonymous with country-tag ‘The Gambia’. It came to signal a stabilised (Dalasi) currency and of affordable food prices for ordinary families in their daily sustenance. But it signifies something else – sovereignty – for a jurisdiction to be a centre for peaceful diplomacy. The PPP is the political home of Sir Dawda Kairaba Jawara, erstwhile agriculture minister, Omar Amadou Jallow (OJ), and of credibility in external affairs. It also happens to be the party of Alhagie Omar Sey, Alhaji Lamin Kitty Jabang, and of men and women across the land. The era of president Jawara represent a time when Banjul stood excellent as the hub of choice to conduct regional diplomacy, peacekeeping and peace-building exercises – supplanted by ‘Dakar’ in later times.

Mr Papa Njie, newly elected Secretary General of that illustrious political party has a lot on his plate if he is to revive and lead ‘anew’. He has lots to learn and live up to follow in the footsteps and avoid, mishaps, of the Jawara regime if he is to reinvent glory days PPP manuscript presents. Although i do not know the fella, indisposed to judge of Mr Njie’s leadership qualities, he seem a kindly man.

Writing the article, one sort for a comparative see-through on the times and legacy of sir Dawda, in relation to the ‘now’. To get close, one need not but to read the autobiography, Kairaba, relive nerving excellence and vision that great man possess. To underscore his democratic credentials, president Jawara had this to say in the runup to the 1982 general elections – ‘pressed’ to explain separate dates for electing a president and national assembly members respectively:

‘Well i think it’s neater and better in many ways; in the former (Cabinet) system of voting whereby the president is chosen through voting for members of parliament. It restricts the choice of the electorate. It’s fairer to the electorate to vote for who they want for president and those to represent them in parliament. With the new (Presidential) system, it is conceivable to have a president elected to a party ticket or as an independent who in fact may not command a majority in parliament .. [therefore] have to bargain with [other] political parties.’

Speaking at a press conference recently on the crisis that greeted the party after the 2018 congress, PPP leader, Papa Njie, was quoted as saying ”what happened in the past should be used to build today and the future.” Conciliatory terms indeed keeping internal squabbles in-house. But again, his appearance on QTV’s flagship program, Viewpoint, as it turned out but a rather dull affair. Given all the problems in the country, there was no question on how PPP plans to transform agriculture, education, renewable energy, infrastructure, plans for Banjul, revival of domestic industry and jobs. No mention of national security either, relations with Senegal or his plans on food ‘rice’ self-sufficiency??? All registered political parties in the country need to strategize, come up with better policies – not wild promises – but deliverable plans that improve and advance the lives of ordinary Gambians.

This is not a call on Mr Njie to follow in president Jawara’s footsteps, nor criticism as such. For him to learn the political ropes properly, he has to travel across the country visit local towns and villages, schools, farms et.al empathise with ordinary Gambians. Read the autobiography ‘Kairaba’, on the intricacies and raw tactical skills assembling administration on the birth of an ‘Improbable Nation’. I challenge the new PPP leader to revisit the legacy of Sekou Toure, Thomas Sankara, sense of high principle and loyalty in Omar Amadou Jallow (O.J), and of authenticity in PDOIS political operation. All that requires curiosity, humility, even urgency – ‘currencies’ deficient in politics today.

High educational attainment, which some observers put forth as prerequisite to contest the presidency is, although, necessary, not binding. Having had time to reflect, introducing an ‘education test’ as criteria to contest the presidency has the potential to discriminate, however well intentioned. For instance, how are we to decide over situation where an islamic or christian scholar wishes to contest the presidency? Will they be disqualified on the basis of some ‘high education’ test? But then again who define/decide what constitute ‘High Education – and if religious ‘Quranic’ / ‘Biblical’ strand stands? The constitutional review commission (CRC) holds the mandate to play with this one.

Even so, under Jammeh, we’re witness to some of the most educated men and women in Gambian politics also turned out to be the cause of much disaffection. And if seems a somewhat ‘talk-down’ on the subject for lack of better words, nothing beats a good education – and we should prioritise and ‘talk it up’ for the opportunities and possibilities therein! Government ought to invest more in our schools to repair, rebuild & re-equip them.

The Gambia government has to strategise for solar-powered presentation teaching toolkits in every classroom in the country. As in developed countries, this caters to quicker enjoyable sessions towards an educated/ enterprising workforce. Gambian teachers (doctors & nurses) need respite; a well remunerated salary may help attract the very best to the profession.

It is advisable for the PPP to make use of the knowledgepool at its disposal – former statesmen and women of the independence era in seeking a fresh start. Our politicians, legislators in particular, ought to read more, NOT facebook, but textbooks on political-economy concerning Gambia and global affairs. Young students should return to the habit of reading too – books by the historian, Hassoum Ceesay, Essa Bah and other writers gain valuable insights into socio-political history, arts, poetry – the lot actually!

Despite shortcomings in its thirty-year rule, PPP made great moves @ #Congress2018 by electing the young Papa Njie to lead them into the future. We should all give him a chance to showcase his ideas for the country. Mind you, modern political operation requires collaboration & teamwork toward a vision for the greater good of the many. Mr Papa Njie need understood he is in the big time; and that those working with him should exercise professionalism, help him to succeed. Public expectation on him is only going to accelerate from a generation of highly informed Gambians. The party boasts talented MP’s in the debating chamber; as well as strong diaspora links in ‘Musty Jabang’ and others. Time will tell on the re-emergence of a giant that is People’s Progressive Party (P.P.P). From a neutralistic standing – wishing the party every success in the years ahead.

Reset password

Enter your email address and we will send you a link to change your password.

Get started with your account

to save your favourite homes and more

Sign up with email

Get started with your account

to save your favourite homes and more

By clicking the «SIGN UP» button you agree to the Terms of Use and Privacy Policy
Powered by Estatik