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Breaking News: Army Asks Soldiers Who Were Culled from Police to Leave

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By Lamin Njie

Dozens of soldiers who were culled from the police have been asked by the army to leave, The Fatu Network has learnt.

A report circulated in the army on Thursday is asking soldiers who were culled from the police to leave and return back to the police with immediate effect.

“During the past regime, there were some people who were picked from the police and moved to the army. Some were commissioned to officers, some were senior NCOs and some were junior NCOs but now there is a situation report which is dispatched in the army which directed that all soldiers to return back to the police with immediate effect,” a source told The Fatu Network on Thursday.

The spokesperson of the Gambia Armed Forces Major Lamin K Sanyang confirmed the development.

He said: “We call it inter-departmental transfer. It’s not a memo perse. It’s a long toing and froing between several correspondences. I think a request came from either the police or so wanting them to go back.

“I think this directive was sent to the headquarters. The details are sketchy but it’s true that that is going to be done but the details I have to check how the whole thing started.”

The Fatu Network understands at least 19 people have been affected by the decision in Farafenni Barracks alone.

Comedian Wagan Impersonates Darboe

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By Lamin Njie

Comedian Wagan has transformed himself into UDP leader Ousainou Darboe during last weekend’s edition of his show, Wagan Show.

The comic impersonated Darboe during the show which airs on QTV.

In a hilarious 52-second video uploaded on Facebook, a woman stands by Darboe by the left and is heard telling the UDP leader in Wollof he’s going to be president.

A crying Darboe asks: “I hope I will sit (I hope I will be president)?”

The woman is then seen trying to console Darboe but Darboe tells the woman: “No, I’m not crying. I’m not crying at all. You think I will sit on the chair? The way I suffered in this country, you people should help me to sit on the chair, even if it’s going to be one year.”

The video has gone viral and has amassed thousands of views.

WATCH: Wagan Impersonates Darboe

Breaking News: Army Dismisses Lamin Colley

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By Lamin Njie

The Gambia Armed Forces has dismissed Lamin Colley.

Colley, a class two Warrant Officer was dismissed from the army on Tuesday, the spokesperson of GAF Lamin K Sanyang told The Fatu Network Wednesday evening.

Sanyang could not immediately explain why Colley was dismissed.

Colley was among a raft of serving members of the Gambia Armed Forces who were accused of committing serious human rights violations.

Last month, the army medic testified before the TRRC where he admitted taking part in the November 1994 brutal execution of soldiers.

Colley confessed that he accidentally shot fellow soldier Fafa Nyang, an account which was surprisingly contradicted by other witnesses.

“It was an aimed shot. It was a deliberate one Because if it was an accidental shot, it would not have hit his target,” Modou Lamin Bah who was Colley’s colleague at the time told the TRRC.

Barrow Will Not Attend Crunch Coalition Summit, Says Ex-VP Tambajang

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By Lamin Njie

President Adama Barrow will not attend a crunch meeting of the coalition but he will be informed about its outcome, according to the former vice president of The Gambia.

In an exclusive interview with The Fatu Network on Wednesday, Fatoumatta Jallow Tambajang said the summit will take place at the weekend with all stakeholders expected to attend.

Jallow-Tambajang however said of the president not attending the summit: “I had the opportunity to meet him two Fridays ago in his office and I thank him for giving me the audience, which is of course his indication of his interest in the coalition. He will not be able to attend. What we have decided as an option is for us to meet as an executive first because he is the flagbearer, for us to meet as an executive to build consensus or to give the unanimity in the decisions that we make and then communicate the final decisions, which is the conclusions and recommendations to him.

“The next stage will be the humble recommendations that which is agreement of course. He will invite us later to his office and review the recommendations and the conclusions and then out of that he would also make an address to the nation.”

Coalition 2016 is a seven-party political consortium that won the 2016 general election but uncertainty has since continued to grip it.

Former vice president Jallow Tambajang who is also the co-chairperson of the coalition said they are going to discuss a number of issues.

“We’re going to discuss a number of issues affecting, impeding the reconciliation, the strengthening of the coalition. I cannot divulge the agenda of the meeting right now because of the procedure and protocol but generally the sense of it, the crust of the meeting would be to reconcile the coalition. You all know what the situation is today, a lot of crises among the coalition members and stakeholders and we need to resolve that in-house,” she said.

Profile of New United States Ambassador to Gambia Richard Carlton Paschall III

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Richard “Carl” Paschall, a career member of the Senior Foreign Service with the rank of Minister Counselor, is Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of The Gambia. Ambassador Paschall was nominated by President Donald J. Trump on August 16, 2018 and was confirmed by the United States Senate on January 2, 2019.  Until August 31, 2018, Mr. Paschall served as the Deputy Counterterrorism Coordinator for Operations Policy and Military Coordination, a Deputy Assistant Secretary of State-equivalent position.

Prior to his assignment in the Counterterrorism Bureau, Mr. Paschall was the Director of the Office of Central African Affairs (2015-2016), and the Deputy Director for Regional Affairs in the Office of Regional and Security Affairs, Bureau of African Affairs (2013-2015). Other assignments include as Foreign Policy Advisor to the Commander – Special Operations Command Africa (2009-2012), Director of the Office Allowances, Special Assistant to the Under Secretary for Management, Senior Watch Officer in the Department of State’s Operations Center, and Country Desk Officer for the Democratic Republic of the Congo and Burundi in the Office of Central African Affairs. He served on the National Security Council staff during the Administration of President George W. Bush (2001-2002), and his overseas assignments include service at both the U.S. Embassy in Baghdad, Iraq (2006-2007), and an extended temporary assignment at the U.S. Embassy in Kabul, Afghanistan (early 2002). Additional overseas assignments include at the U.S. Embassies in Chad and the Bahamas, and at the U.S. Consulate General in Jeddah, Saudi Arabia.

Mr. Paschall joined the Foreign Service in October 1991 following graduation from the University of North Carolina at Chapel Hill with a Bachelor’s Degree in Economics and International Studies. He holds a Master of Science Degree in National Resource Strategy from the Dwight D. Eisenhower School for National Security and Resource Strategy at the National Defense University. While born at Brooks Army Medical Center in San Antonio, Texas, to Colonel Richard Paschall Jr. (U.S. Air Force, retired) and Patricia Paschall, Mr. Paschall’s family roots are in the state of North Carolina. Mr. Paschall is married to Colonel Jane Ellen Miller Paschall (U.S. Army, Judge Advocate, retired), an attorney with expertise in international law, military justice, and rule of law capacity building, and is the proud father of two adult sons. Mr. Paschall speaks French and Arabic, and is studying Wolof and Mandinka.

Editor’s Note: This biographical information of Ambassador Paschall is from the United States Embassy in Banjul. 

Ousainou Darboe is Constitutionally Barred from Contesting Future Presidential Elections as Candidate under the Current Constitution

By Bubacarr Drammeh

The dismissal of Hon. Ousainou Darboe, the Secretary General of the United Democratic Party (UDP), was destined to happen. There has been tensions between the President and his number two after the establishment of the Barrow Youth Movement, the rejection of the movement by the UDP, and the UDP’s refusal to nominate and select the President as the leader of their party. The supporters of Mr. Darboe, majority of whom are his party militants, believed that he was betrayed by someone who once regarded him as his political father. The termination of his service, as the second most powerful person in the executive of The Gambia, seems to energize his base. Within a week of his termination, political rallies were organized to show support for him and perhaps to send a message to the president, that the UDP is the most powerful party in the nation. Mr. Darboe said that the outpouring support reminded him of two occasions: first, the inception of the UDP; and second, the day he was released from prison.

Majority of political pundits are of the opinion that Mr. Darboe would be the flagbearer of the UDP in the upcoming 2021 presidential election. Mr. Darboe when asked in an interview with The Gambia Time has refused to rule out himself as a contender for the next scheduled election. He insisted that the members of the UDP, not him, will decide the party’s presidential candidate. Mr. Darboe’s refusal to rule out himself as a contender, buffered by the high popularity he enjoys among members of the UDP seems to almost guarantee that he will be chosen to be the flagbearer of the party in 2021.

Mr. Darboe’s removal as the Vice President of The Gambia has sparked a national debate with respect to his eligibility to run for president under the current constitution of The Gambia. The paramount question is, whether as a result of his dismissal and termination from the public office as the vice president bars him, constitutionally, from running for office?

During the UDP Seattle Chapter inauguration in Washington State, Mr. Darboe was asked, by The Gambia Times Correspondent, his response to people who hold the opinion that he is not qualified to run for office come 2021 if the constitution Section 62(3) remains in the constitution or is adopted in the next constitution. He responded thus:

Let them come up with it. In fact, somebody mentioned it and told him if anybody is dissatisfied let them go to the Supreme Court. In any case, I think people misread that provision. I think is subsection 3. People misread it . . .. Can I sue the government for unlawful dismissal? So why would you say that section would apply. For termination you either give the person one-month salary in lieu of notice or you give one-month notice. So, is the president required to order for me to be given one-month salary in lieu of notice or one-month notice? That section is applicable to people who are public servants. Because it is a public servant or a permanent secretary whose service can terminate or whom you can retire or dismiss. If I cannot sue for unlawful dismissal, why would that section apply to me? If I cannot hold on to a ministerial position until I retire why would that section apply? They just don’t understand. They just read bare letters without really applying your mind to what you lawyers will call the purpose of the section.”

Former Vice President, Ousainou Darboe (Left) and Babucarr Drammeh (Right) of The Gambia Times

What is the position of the law as of now? Is Mr. Darboe right in his analysis of the law or those with the opinion that he is barred by the constitution are correct even though they have not, supposedly, averred their minds to “the purpose of the law?”

For the purpose of clarity, I reproduce below Section 62(3) ipsissima verba:

A person who, while holding public officein The Gambia has been—

(a)  compulsorily retired, terminated or dismissed from such office, or

(b)  has been found guilty of any criminal offence by any court or tribunal established by law; or

(c)  has been found liable for misconduct, negligence, corruption or improper behaviour by any commission or committee of inquiry established by law shall not be qualified for election as President.

Evidently, any person who once hold a public office is not qualify to contest for the Presidency in The Gambia, if, during the time he or she was holding such office, his or her service ended because he or she was dismissed or terminated or compulsorily retired; or during the time he or she was holding such office, he or she was found guilty of any criminal office; or during the time he or she was holding such office, he or she was found liable for misconduct, negligence, corruption or improper behavior.

The key words from section 62(3) are PUBLIC OFFICE. What then is a public office? A public office as per Section 230 of the constitution “includes an office the emoluments attached to which are paid directly from the consolidated fund or directly out of moneys provided by Act of National Assembly, and the office of a member of a local government authority or staff of a public enterprise.” Thus, any office, whose salary, fee or profit from employment or office are paid directly from the consolidated fund or directly out of moneys provided by an Act of National Assembly is a public office except if the constitution provided otherwise.

Is the office of the Vice President designated as a public office by the constitution? In The Gambia, those working for the state are either holding office in the public service or are holding a public office. The constitution as expressly provided in section 166(4) that the office of the Vice President is not an office in the public service. The said section provides thusIn this Constitution, an office in the public service does not include— (a) the offices of President, Vice President,Speaker or Deputy Speaker of the National Assembly, Secretary of State or a member of the National Assembly.” Therefore, it is clear from the aforementioned constitutional provision that the office of the Vice President is not an office in the public service.

Section 156 of the constitution provides thus:

  • The salaries and allowance, and the retirement benefits, of the holder of the offices to which this section applies shall be a charge on the Consolidated Fund.
  • This section applies to the offices of – (a) the President and the Vice-President;(b) the Speaker (c) a judge of a superior court; (d) a member of the Independent Electoral 
Commission; (e) the Auditor general; (f) the Ombudsman; and (g) the Director of Public Prosecutions.

Thus, from the aforementioned provision, it is clear that the salary and fees for office of the Vice-President are paid directly from the consolidated fund. That being the case and considering the definition of public office as per section 231 of the constitution, the office of the Vice-President is a public office.

It is a fact that Mr. Darboe was relieved of his duties as Vice President. He was either dismissed or terminated by the President. And having established that the office of the Vice President is a Public office as per sections 231 and 156 of the 1997 constitution of The Gambia. If the constitution remains as it is until 2021 presidential election, Mr. Darboe will be constitutionally barred from running for office if members of the UDP chose him as their flagbearer.

Mr. Darboe may be right when he said, “if anybody is dissatisfied, let them go to the supreme court.” The issue with his statement is that his nomination could be rejected by the Independent Electoral Commission (IEC) base on Section 62(3). If that happens, he and the UDP would have to go to the Supreme Court to challenge the rejection of his nomination. This would have consequences for him and the UDP. While other parties are campaigning for the presidency, he would be challenging the rejection of his official nomination of the ballot. On the other hand, if his nomination is accepted by the IEC, his opponents would likely challenge his nomination. And in that scenario, his party would definitely be in court defending his eligibility to be on the ballot for that presidential election. Such reactionary move could have an adverse effect on his party. Should United Democratic Party do something about this prior to 2021 in order to avoid any such distraction? Yes, it should. Can they do something about this issue before 2021? Yes, they can.

I respectfully disagree with Mr. Darboe’s position that “That section is applicable to people who are public servants. Because it is a public servant . . .  whose service can terminate or whom you can retire or dismiss.” The section 62(3) is applicable to holders of public offices which includes the office of the Vice President. Furthermore, holders of public offices can be dismissed or terminated from office or compulsorily retired as per S.62(2).

Finally, this provision does not affect only Mr. Darboe. It affects Mai Fatty, the leader of the Gambia Moral Congress (GMC); Dr. Amadou Janneh, the newly UDP member; Amadou Sanneh, former    Minister of Finance and Minister of Trade; and any holder of a public office dismissed or terminated by President Adama Barrow, and by his predecessor former President Yahya Jammeh.

Barrow and Darboe

If you are confused and angry about Brexit, then why you don’t try Gambian politics instead? The power struggle between President Barrow and his former deputy Lawyer Darboe reached its climax last month when the latter was axed, along with two other senior UDP officials. In the current political climate, it would not be surprising if more will follow them in the coming weeks.

However, it may sound odd to you, but in the Gambian political sphere, a power struggle between ruling elites is actually a common occurrence, But it has never before reached a situation where people belonging to the same political family clash so forcibly. As you can imagine, I am extremely discombobulated and I wondered how did we get to this stage so quickly? Well, while you may come to your own conclusion, this is my take.

From 2016, I closely monitored the major political debates taking place in the Gambia and I noticed that from the beginning of 2018 until relatively recently, the political trend in the country was rapidly nose-diving from ideological politics towards identity politics. It is quite obvious that political discussions in the Gambia are centred on tribes and regions.  Consequently, tribal sentiment and envious rhetoric has become prevalent, both online and offline. People used the virtues of democracy, such as freedom of speech and freedom of expression, as cover to incite violence and bullying. Thus, the country became a perfect breeding ground for hate speech and unruly behaviour. The reckless behaviour of the few, on social media platforms such as Facebook and WhatsApp, spread unfounded stories online as well as fake news offline, hence the violent tendency of the youth in the country is going through the roof right now.  Such behaviour has escalated tension, mistrust and grievance between people of the same political class.

This is how it began. Senior members of the APRC scuffled for a while over the party leadership. Then a massive resignation from the GDC executive followed, the NCP executive were fighting for survival whilst two senior members of the PPP battled to control the party. The power struggle surfaced between President Barrow and Lawyer Darboe which is currently tearing the UDP apart. Why… why… why, the wise man asked? Because democracy without responsibility meant that there was no substance in the political process, and social segregation and tribal prejudices would be the order of the day.

We cannot take democracy for granted. Our biggest challenge is no longer the threat of a military takeover like 1994, or a rebellion like 1981, but it may now be civil disobedience like that in the DRC and terrorism like that in Mali. We have lot at stake right now, and for God’s sake let’s allow Government to govern. Our development partners, particularly ECOWAS, the AU, EU and USA are closely monitoring the situation. Currently our biggest foreign exchange is peace and stability and we have a lot of potential in terms of human capital and natural resources.  We have approximately 31 months to go to the polls, hence all our major political parties have time on their side to put their house in order before is too late. Until then, Barrow’s National Development Plan is the only and best way forward.

Furthermore, I totally disagree with pundits who are insinuating that President Barrow will fight for his political survival come the next general election, citing the recent dispute between him and Darboe.  In reality a power struggle between two important politicians belonging to the same political family doesn’t usually affect the incumbent! Examples are many, but for now let’s use the UK, USA, Senegal and Kenya as recent examples. Elections are usually decided in the few weeks leading to the polls, not almost three years before. Barrow has many national and international advantages. For instance, Transparency International, the Freedom House Democracy Index and the Economist Intelligence Unit are all happy to rate the republic of the Gambia high in their measuring indices. This is a clear testimony which shows that the country, under the leadership of President Barrow, is actually on the right track.

In my opinion, all that he ought to do now is to focus on improving the economy for ordinary Gambians, empower talented citizens from the grass roots, and adhere to our international obligations. In addition to that, he must continue to engage people at all levels in pursuit of political unity in the country. Last week in New York City, Hon. Darboe said that “for 22 years the only agenda for the opposition in the Gambia was to dislodge President Jammeh from power”. Amazingly, in 2016, that was precisely achieved by the Coalition under the leadership of President Barrow. Hence it will be extremely difficult, if not impossible, for anyone to brand Barrow as useless and incompetent and set an alternative agenda which is not yet understood and approved by the public!
I bet you anything, if microeconomics continues to grow in The Gambia at current paced then in 2021 Barrow second term is not only possible but his landslide victory will be far greater than most people had predicted.

One Gambia, one people

Yaya Sillah

BREAKING NEWS: More Trouble for The Assassin! Police Arrest Lamin Senghore

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By Lamin Njie

Police in The Gambia have arrested Lamin Senghore.

Senghore was arrested Monday evening, credible sources have told The Fatu Network. It was not immediately clear why the former Gambian army private was arrested.

However, his arrest comes hours after he testified before the TRRC where he denied all allegations of human rights abuses levelled against him by witnesses.

Senghore who was nicknamed The Assassin while serving in the army told the TRRC he has neither seen nor has he participated in any human rights violations, remarkably contradicting the accounts of at least three witnesses.

His testimony has drawn him catastrophic reviews from among Gambians including the TRRC’s counsel Essa Faal who accused him of lying to the commission.

The Fatu Network contacted the public relations officer of the Gambia Police Force Lamin Njie for comment but he could not be reached on any of his numbers.

US Designates Iran’s Revolutionary Guards as Terrorist Organization

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The United States on Monday designated Iran’s elite military force, the Islamic Revolutionary Guard Corps, a terrorist organization, ramping up already far-reaching attempts to undermine the Iranian government.

President Donald Trump said in a statement that the “unprecedented” move “recognizes the reality that Iran is not only a State Sponsor of Terrorism, but that the IRGC actively participates in, finances, and promotes terrorism as a tool of statecraft.”

“The IRGC is the Iranian government’s primary means of directing and implementing its global terrorist campaign,” Trump said.

It is the first time the United States has designated part of a foreign government a terrorist organization, rather than guerrilla groups or other more informal entities.

The move comes on top of Trump’s decision to pull the United States out of an international deal with Iran that was meant to lift crippling economic sanctions in return for the government allowing its nuclear technology to be restricted and kept under close supervision.

The Trump administration argues that Iran’s government, which is locked in a deeply hostile standoff with top US ally Israel, cannot be trusted and should face “maximum pressure.”

Israeli’s prime minister, Benjamin Netanyahu, warmly welcomed the move by his “dear friend” Trump.

– Retaliation threat –

The terrorist designation for the Revolutionary Guards is meant to strike at the heart of the Iranian government’s power structure.

The elite force was formed after the 1979 Islamic revolution with a mission to defend the clerical regime, in contrast to more traditional military units that protect borders.

At home, it has amassed strong political and economic influence.

Abroad, the Guards’ prized Quds Force, named for the Arabic word for Jerusalem, supports Iranian allies, including Syrian President Bashar al-Assad and Lebanon’s Hezbollah.

Iran’s parliament has vowed to retaliate by passing an urgent bill putting American troops on its own terrorism blacklist, which already features the jihadist Islamic State group, the semi-official news agency ISNA reported.

“Even though we believe one should not play along with America’s extreme acts, the reality is that we must retaliate,” the head of Iran’s influential national security and foreign policy commission, Heshmatollah Falahatpisheh, told ISNA.

A statement signed by a majority of lawmakers in support of the bill said any action against Iran’s national security and its armed forces was “crossing a red line” and the US administration would “regret” its decision.

– Criminalizing contact with Guards –

Addressing reporters following Trump’s announcement, Secretary of State Mike Pompeo warned all banks and business of consequences to dealing with the Revolutionary Guards from now on.

“The leaders of Iran are racketeers, not revolutionaries,” Pompeo said.

“Businesses and banks around the world now have a clear duty to ensure that companies with which they conduct financial transactions are not conducted with the IRGC in any material way.”

A senior Trump administration official said the new measure would criminalize contact with the Guards and “enable our prosecutors to bring charges to those that bring material support to the IRGC.”

“The IRGC is interwoven into the Iranian economy.… The safest course is to stop doing business with the IRGC. If you do business with the IRGC you run the risk of bankrolling terrorism,” said the official, speaking on condition of anonymity.

Another official said the force has “been a principal driver of violence on a vast scale for many decades” in an attempt “to reshape the Middle East in Iran’s favor.”

The dramatic escalation of Washington’s attempt to undermine Iran’s leaders comes on the eve of Israeli elections where close Trump ally Netanyahu is seeking to extend his 13 years in office.

Trump, who describes himself as the most pro-Israeli US president ever, has recently recognized Israeli sovereignty over the occupied Golan Heights, as well as previously moving the US embassy from Tel Aviv to the contested city of Jerusalem.

“Thank you, my dear friend, US President Donald Trump, for having decided to declare Iran’s Revolutionary Guards a terrorist organization,” Netanyahu said in a statement issued minutes after the White House announcement.

“Thank you for responding to another important request of mine, which serves the interests of our countries and countries of the region.” (Vanguard)

The other side

With all honesty Barrow did his best with his UDP family. We all saw how posts were divvied up in 2017. He willingly or unwillingly left out all others not wearing yellow T-shirts. Ambassadors, Ministers, and other key posts save a few, went to UDP supporters or sympathizers. It was all milk and honey then. Any who dared speak or point out such facts got chastised and branded “haters”! “Give the government time you impatient haters and job seekers”! That was the rhetoric. Many folded, did own businesses, went on hibernation or totally gave up on publicly speaking about Gambian affairs. The labels were flying like cheap kites at wharfi nyago! HE was Moses. Those who dared even ask for right spelling of mankamang kunda got rained with “hater and wishes of heart attack” for having the guts!!! Don’t dare call him Adu, or Manasi. That’s the sacred baby and lifesaver so you better reckon. Even with “Banko Taa”, Barrow was still a loyal son.

Then I heard there were WhatsApp audios being disrespectful and saying they control him and other degrading remarks. He was the best since slice bread until he came up with Youth Movement and some started feeling threatened. The breakup started.

It was gradual but intense. At the same time, other Gambians who didn’t see themselves in Administration were speaking louder. Barrow started looking at non UDP and the fragment which was the size of a pebble on a windshield, stretched. The pea sized crack could have been cured but hey, confidence was at its max. Phrases like, “he came from us, we are the biggest, we made him, haters can’t divide us” started flying this time like helium balloons. The signs were ignored due to some false confidence.

That’s all cool but why not be gentler with the hand that was feeding you? Yakarr yap ma! No human will tolerate that! Be honest! Confidence of biggest in Bathurst shielded our outlook. Worldly teachings, tell us no matter our might, we always need each other! Remember you can get a lot with honey than vinegar! Manasi did his bit by filling public posts with his UDP family. Once he saw lack of performance or the need for change, he took action. Why kick your son for doing “the job”? Barrow reshuffle in order to add more Gambians shouldn’t be a problem only because you were affected. Barrow is your Barrow until the cows come home (forever). Nekh nahari ?. In Gambian culture we don’t throw our sons out once they reach age of eighteen.

Best thing would be to stop the insults and reconcile with your son, our dear President for 5 years?. Support National Development for all Gambia and NOT just UDP. He ain’t no Dictator and you know it. You told us he was the most humble guy, won’t hurt a fly and a great listener. Well we believe you and agree!!! ?You also told us 5 years or fe toch, again we yielded and agreed! You can’t unlearn or un hear so spare us! #GambiaNice where kick dae nyaka kick dae is our mantra!??

First Dispatch from The Gambia: “The Fierce Urgency of Now”

First Dispatch from The Gambia: “The Fierce Urgency of Now”

A Country Longing For a Better Moses, For a Better Mandela, and For a Better Polity

My last trip to Gambia was my first trip where I did not go to collect data or conduct any kind of research. It was also my first trip where I did not spend most of my time in the provinces. I was simply in The Gambia to observe, catalogue, enjoy my family, friends, and our wonderful country. However, there was so much happening in the country and I struggled to capture the essence of everything around me. I have so much to tell you but I need a bigger platform than this medium to dissect the many issues I would like to discuss.

Firstly, Gambia, in my view, is not a country on the ascendency, but on a precipitous decline. Secondly, and a point of emphasis, The Gambia is not a serious state. The folks at the helm are just winging it — etching and sketching their way to oblivion. Mediocrity abound and the ever swelling number of impoverished masses are more worried about their next meal than the governance of the state.

Consequently, the country has all the hallmarks of a failed state: massive unemployment, underemployment, inflation, economic contraction (if this happens in the West, we would call it an economic depression, with all the attendants of urgency and seriousness. But, since we are not a serious country, who cares what the hell we call it, it’s just semantics, right?). The loss of human capital due to lack of investment in human capital and human flight, a crumbling and decayed health and education system, and an inept and corrupt government. The security of the state has been mortgaged to foreign forces. Put differently, we are at the mercy of the Senegalese colossus for our security. The state does not have control over its own security.

Thirdly, the aging population in some parts of the provinces coupled with the youth bulge in the Kombos is a ticking time bomb. In addition, if the state does not do something about the land crisis in the Kombos, it’s going to get really ugly and nasty.

The Gambia is slowly becoming an urban country, where a good many of the populace lives in the urban, peri urban areas. Many people have been displaced from their ancestral lands in the Kombos, creating a huge housing and economic crisis.

Fourthly, what I have observed is that we are malignantly reliant on outside dough, from foreign aid, tourism (this includes semesters), and remittances. And, without remittances — the economy would catastrophically bottom out. We cannot build an entire economy around remittances alone. Evermore evident in the latest developments along the Kombo coastline, overwhelmingly funded by semester dollars — and remittances conservatively accounting for 22% of our GDP. The Semesters are a huge constituency and I reckon most of the youth would like to be part of this constituency, in order to escape the poverty trap.

JFK said that, the one true measure of a nation is its success in fulfilling the promise of a better life for each of its members. In the case of The Gambia, the state has failed in this capacity, as well — and this promise lies beyond the shores of the country, for a good many of the youth. As a result of this, traveling to “Europe” for our youth, either “Backway” or not, is not a choice, but a necessity. They also want to afford the the new D1.5 million homes on the Atlantic.

Because of Gambian fatalism, our “Bayee Ko C Loho Yallah” mentality, it seems like we, collectively, have lost the capacity to question the present, much less offer alternatives to it. Which begs the question: why is it so behind us to conceive of a different set of arrangements to our common advantage? The current arrangement, my comrades, has been disastrous.

‪Finally, for those of us who dabble in the world of theories, of academic exercise, of philosophies — we would be terribly disappointed, for, my friends, Gambia is where all of our great theories, galant literatures, and philosophies come to a seismic halt. All evident, given that absent for a few skirmishes — the state, for all intents and purposes, has failed in all aspects, every single one — to wit, security, education, healthcare, housing. I mean, the state cannot meet the basic demands of the populace. The fact that the state hasn’t collapsed beggars belief, honestly. ‬

To that end, is the Gambian state tenable? What does all of these foretold? I’m not sure but, I do know that, we need to charter a better path. We need a better polity. A better Mandela. A better Moses to lead us to the promised land, for this Moses, is myopically punching above his weight. And, perhaps, we need a better God of Gambian politics. To that, I say, we need a better Gambia.

Watch out for this space. For my next dispatch, I would offer suggestions and alternatives to our current situation. I have so much to say, folks. More to come from my dispatches from home — The Gambia.

So long for now,

Saul Njie, Ph.D.

Visiting Professor of Political Science, Bluefield State College &

Policy Analyst, The United States Government Accountability Office

 

Zeroes And Heroes-TRRC Witness Awards

By Sana Sarr

We have gone through 2 sessions of sittings for the Truth, Reconciliation and Reparations Commission. The testimonies have brought us some truth and some lies, but also left us with many unanswered questions. One thing is certain though, hearing first hand narratives of some of the horrific acts committed by Gambians against other Gambians has been sobering for many. There have been many tears, both for what these realities mean for the nation and also for what some of the victims and their families went through. While the commission took a break from sittings this week, here is, in humorous vein, my mid-season awards to some of the witnesses who have appeared at the commission so far.

  1. Zero! – SCHUPIT FOOL AWARD– Remember when your illiterate uncle or grandpa got so mad and wanted to hurl insults at someone they felt was an idiot? Yes, at their wit’s end, their go-to insult was “Schupit Fool!” This award is for the witness who came with the intention to lie to the commission, but is so dumb that they couldn’t even align their lies. The lies were so incoherent and insane that even a toddler could tell it was a lie. Unfortunately, the only person was still “schupit” enough to not realize how obvious they were…and this made them annoying enough to drive grandpa to his wit’s end.

    Ensa Mendy– by claiming that a private soldier making less than $50 a month owned a mobile phone in 1994 Gambia, Ensa really proved himself an *$$ clown!

    JCB Mendy– Annoying as Ensa was, he still couldn’t out-dumb his fellow lie man JCB Mendy. JCB’s lies were frequent, varied and schupit as can be. Dude was so annoying that Lead Counsel Essa Faal could no longer mask his frustration. JCB was like a ghost – one minute he was present at a crime scene and next minute he wasn’t. For example, despite confessing that he was one of the soldiers who confiscated the camera of a photographer, yet, he claimed he couldn’t tell whether the same photographer was beaten by those who took the camera. What did he do, grab the camera and then immediately close his eyes?

  2. Zero – COCKROACHAWARD – Following the saying that karma is a dog, many of those who participated in the gross human rights abuses for the former regime had their day at the receiving end of the evil they once supported. A good number of them, however, survived and to this day continue to wear the uniform and have their livelihood funded by taxpayer money. They did so much damage, but like cockroaches, they continue to survive…a shoe is required to squish them.

    Warrant Officer Lamin Colley– could have easily qualified for a number of other awards in the liar categories. Despite reports of his alleged direct participation in at least one gruesome murder, this man continues to serve in the army and actually appeared at the commission in his army uniform! Not only did he survive the evil regime, he also continues to survive today…at least for now.

    Alagie Martin – Although the former regime had slapped him around a few times, Martin has managed to survive the worst of it and continues wearing the uniform to this day. His record as both a supervisor of torture and/or a direct perpetrator himself has long been rumored around town, and it’s no surprise that victims continue to name him.

  3. Zero! – NOLLYWOOD AWARD– Have you seen those Nigerian movies, the ones where everything is so exaggerated to the point of absurdity? Yes, this award is for those who overdid it with the storytelling. Not only were the stories outrageous, they were also unnecessary.

    Warrant Officer Lamin Colley – knowing that many of those who saw him shoot and kill a man were still around and some had even named him as the shooter, this fool, still in uniform, decided to recreate the story. He’s not dumb enough to deny shooting, but he’s “smart enough” to spin it…and thinks we’re the dumb ones to believe that he, a medic, heard the voice of Sana Sabally, a man he “was terrified of,” calling for the shooting of a soldier. This “compassionate” medic then saw the fleeing soldier shot, and with Sabally and others who ordered the shooting watching, he, “the compassionate one”, ran to save the fallen soldier… and that’s when his hand “accidentally” fell on his gun and “accidentally” pulled the trigger to shoot the man he was trying to save… in the head! “Kii mor muna d**l!!!” Nollywood directors got nothing on him, and his story may have been funny if it wasn’t so heinous!

    That Jeng Guy – One of the first witnesses called, this dude probably had no reason to lie. I’m not even sure how much he lied, but his whole demeanor showed he was trying too hard to embellish his story just to appear cool. I wonder who he was trying to impress… or maybe he felt this was his 15 minutes of fame and thought to make the best of it. Whatever his reason was, I hope it was worth it, because he has since disappeared back into oblivion. I couldn’t even remember his full name… and no, I didn’t bother to look or ask!

  4. Zero! – MAKEUP ARTIST AWARD– We’ve talked about the dumb liars – the ones who embellished stories but because they’re not smart enough, were so incoherent that their lies were obvious. Well, there were smarter folks. They simply took a true story and carefully edited or adjusted parts of it. They did it so well that some people were unable to tell fact from fiction, just like when people use filters to edit photos for social media.

    Captain Amadou Suwareh– One had to pay close attention to Suwareh’s narrative to realize that he was one of the first punks to give in to the coupists on July 22, 1994. Left to man the Denton Bridge and stop the advancing soldiers, Suwareh simply laid down and joined the criminals.

    Alhaji Kanyi did quite well when he admitted to participation in some crimes, including murder, while still claiming innocence in others. He brought the tears and the ratatoyeto curry sympathy. Nyakajomm!

    Dr. Binneh Minteh, one of the plotters of the November 11 attack, who escaped and eventually made his way to the USA, also used his scholarly skills to portray himself as the hero who did nothing but attempt to save Gambia. He gave very little about how the plot was hatched, how he involved unsuspecting innocent folks like Mafuji Sonko or how he learned the plot had leaked, only for him to escape, leaving his partners behind. Yes, when fiction is based on a true story, it’s hard to tell where one begins and the other ends.

  5. Zero! – MR. HEARTLESS AWARD– For a long time, many Gambians believed Sana Sabally was the most heartless and wicked of the AFPRC council members. It was not unearned. Sabally’s guards and orderlies were notorious for abusing anyone that got in their way. They publicly shot at cars on the road, beat up cameramen and went around offices to terrorize civil servants. The hearings have revealed that while he made the most noise, Sana Sabally was a punk who relied on guards and orderlies to do the dirty job, much like Yaya Jammeh. Edward Singhateh, on the other hand, who many believed to be the quiet one, seems to actually enjoy inflicting pain on others. “Gee sumayaa mofaa laa” – we say in Mandinka.
  6. Hero! – FAVORITE MEAL AWARD– Here we have two. “Water water chu”was a favorite stew enjoyed by the soldiers at the barracks, but it was outdone by “Wet or Dry Cherreh”, the coos meal served at Mile 2 Prisons for prisoners and detainees. Even the notorious gangster rats at Mile 2 refused to eat it!
  7. Hero! – ESSA FAAL AWARD– named after the lead counsel because I suspect it’s his favorite part of the job. With name worthy finalists like Di cheb, Churoo, Achopin and Lie tulu Baa, the award for Best Nickname goes to none other than Njie Ponkal. Because of how much he enjoys saying the name, lead counsel Faal should give a plot of land to Mafuji every time he says the name!
  8. Hero! – BRAVE HEART AWARD – many will claim heroism. Who are the real heroes?

    AIG Ismaila Chongan– By all indication, Chongan seems like he was the only leader who tried to actively stop the soldiers taking over on July 22. It appears that Chongan never, not even for a moment, wavered on his belief that allowing the military to depose a democratically elected government was wrong. It’s not a surprise that the only shot fired on the day was on his orders. After being jailed, tortured and released, he left the jurisdiction and never stopped speaking out against the regime.

    Prison Officer/Medic Bubacarr Jatta – Buba’s story is evidence that one can work within a flawed system and still maintain your decency, integrity and humanity. He is also evidence that one did not need to be a high ranking official to make a difference. Despite working at what was basically a crime scene, at a time of gross human rights violations, under the most stressful conditions, not least of which was the knowledge that getting caught showing kindness to the detainees could land him in the worst possible situation, this prison warden/untrained medic displayed the best of humane qualities Gambians want to be known for. He did not cure AIDS or build an orphanage. He simply showed compassion and empathy for people when they were at their lowest and needed it most…and they all appreciated him for it. Buba is a national hero!

OJ Jallow– The Civil Rights Movement had MLK and Malcolm X. Apartheid had its Madiba. Many heroes are recognized and appreciated posthumously. He was arrested and tortured in the presence of his young children. He was detained for a long time. He was beaten so badly that he lost one eye. Yet, even while in detention and being tortured, OJ continued to speak truth to power, because he felt it was his responsibility to be a leader. This angered his captors even more and they chose to make an example of him to shut others up. The civilian leaders, Jawara, BB Dabo, Saihou Sabally and many others ran into exile. Security service leaders like Chongan also left the country when they had the opportunity. OJ chose to remain in the country and continued to live his truth, without apology and not for want of an opportunity to flee like the rest of his peers. I’m sure he has many flaws, but when it comes to principles and bravery, others may rise to his level, but none can can go higher than Omar Amadou Jallow!

  1. MVP – he won us with his candor, his honesty, his humility and he won us with his charisma. He made us cry and he made us cry. He gave us “tinki tanka” and he offered to demonstrate to the commission how to use the bathroom with both hands tied behind his back!!! Mafuji Sonkois the real MVP!!!

Facts about Sharia Law around the World

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Brunei on Wednesday introduced harsh new sharia laws — including death by stoning for adultery and gay sex — despite a storm of global criticism from rights groups.

Although most Muslim nations incorporate elements of sharia law in their legal systems, very few carry out the harsher punishments — known as hudud — which even Muslim scholars disagree on.

Here are some facts about sharia law and how it is interpreted around the world:

— What is sharia law? —

Sharia is a religious law forming part of the Islamic faith derived from the Koran and the hadiths — the words or actions of the prophet Mohammed.

The manner of its application in modern times has been a subject of dispute between conservative and liberal Muslims, and it remains a contested topic around the world.

Some aspects have been widely accepted — such as how it applies to banking — with even Western companies introducing Islamic finance products to attract Muslim customers.

Hudud, which means “boundaries” in Arabic, is the punishment meted out for sins such as adultery, rape, homosexuality, theft and murder.

Extreme punishments are rarely carried out as many offences must be proved by a confession or by having been witnessed by several adult Muslim males.

Countries which follow extreme sharia law include:

— Saudi Arabia —

Sharia is the basis for all Saudi law and until fairly recently extreme hudud punishments carried out in public were common. Homosexual acts are not only illegal but punishable by execution — although the usual penalty has been limited to flogging and imprisonment.

Beheadings and amputations by sword were usually carried out on Fridays, before midday prayers.

In extreme cases, such as the rape of a child, the condemned man is sometimes ordered crucified after execution.

The law also allows for literal eye-for-an-eye punishment, known as “qisas”, in cases of personal injury.

The family of a murder victim can pardon a condemned person — often in exchange for blood money.

— Afghanistan —

Afghanistan’s constitution is based on Islamic law but how that is interpreted has a complex history influenced by local custom and tribal traditions.

The Taliban followed a brutal interpretation of Sharia law during their rule from 1996-2001.

For instance, they confined women to their homes, only allowing them outside with a male escort and hidden beneath a burqa. Hudud punishments were widely practiced all over the country.

The militants now control more territory in Afghanistan than any time since 2001, and again are imposing their strict interpretation of Sharia, although they have also recently indicated they could loosen some of their strictest interpretations if they return to power.

— Indonesia —

Indonesia’s conservative Aceh is the only province in the world’s biggest Muslim-majority country that imposes Islamic law.

Public flogging is common for a range of offenses in the region at the tip of Sumatra island, including gambling, drinking alcohol, adultery and having gay sex.

Despite calls for it to end, the practice has wide support among Aceh’s mostly Muslim population.

Aceh adopted religious law after it was granted special autonomy in 2001, an attempt by the central government to quell a long-running separatist insurgency.

While Indonesia has the death penalty, the government last year warned that Aceh’s plan to usher in beheading as a punishment for murder was banned under existing national laws.

— Sudan —

Sudan adopted sharia law in 1983 but since then has implemented it randomly, activists say.

Death by stoning remains a judicial punishment but has not been implemented in decades — although activists claim that hundreds of women are flogged every year for “immoral behavior” under the criminal code.

In recent weeks several women protesters were sentenced to flogging for participating in protests against President Omar al-Bashir’s rule, but an appeals court overturned the sentence.

— Pakistan —

In 1979, military dictator Zia ul Haq introduced the widely-criticised Hudood Ordinances, part of a sweeping Islamisation of Pakistan.

Sharia courts implementing the laws ran parallel to the mainstream British-influenced Pakistan Penal Code, and covered adultery, false accusations in court, property crimes and prohibition of drugs and alcohol.

Women were not allowed to testify in the most severe cases, involving stonings or amputations, and the laws on rape or adultery required four adult Muslim males of good character to testify to the act.

In 2006, MPs overwhelmingly approved the Women Protection Law, voting that rape and adultery cases should no longer be heard under the harsh religious system, but in the mainstream courts.

Rulings in sharia courts can also now be appealed in the mainstream courts.

— Nigeria —

Some 12 of Nigeria’s 36 states have extended Sharia to criminal matters and courts can order amputations — although few have been carried out.

The rest of Nigeria has a mixed legal system of English common and traditional law.

— Qatar —

Flogging is still used in Qatar as a punishment for alcohol consumption by Muslims or illicit sexual relations.

The punishment for adultery is 100 lashes.

Adultery is punishable by death when a Muslim woman and a non-Muslim man are involved.

— The Islamic State —

Although not a country, under its “caliphate”, declared vanquished on March 23, the Islamic State group ran its own courts and implemented its brutal interpretation of Islam in areas it controlled in Syria and neighbouring Iraq.

It punished alleged crimes including theft, alcohol consumption, adultery, and homosexuality.

The extremist group carried out beheadings, stonings and amputation, and threw men suspected of being homosexual off buildings. (AFP)

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

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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.

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