State drops charges against Pristine Consulting officials

After nearly one year of a legal battle between the Gambia government and Pristine Consulting, the state yesterday dropped the charges and withdrew the case at the Special Criminal Court in Banjul, where the company and its senior officials were on trial.

Known as Pristine Consulting Intelligent Application, the local IT firm, contracted by the government to produce the new biometric national identity card, was dragged to court for breach of contract.

Justice Emmanuel Nkea the presiding judge was informed of the state’s decision to discontinue the case by the Deputy Director of Special Litigations at the Attorney General’s Chambers, Simon Abi.

Abi told the court that the state was applying to withdraw the charges against the three defendants, Pristine Consulting, its Chief Executive Officer Abdourahman Touray, and Assan Touray the Chief Technology Officer of the company.

The state counsel’s application for withdrawal was granted, when the trial judge made a ruling to that effect.

“Having listened to the learned state counsel’s application to have the matter discontinued, and having also heard defence counsel Ida Drammeh’s endorsement, I shall proceed to order as follows:

“That this matter was accordingly struck out and the accused persons herein are hereby discharged; that any document or property hitherto retained from any of the accused therein in connection with the case to be released to them; all previous orders made against the accused persons herein were deemed quashed.”

He ruled that his orders be carried out henceforth, adding that there shall be no further orders.

Readers would recall that the company and its senior staff were charged with two counts of economic crimes, one count of conspiracy and one count of theft.

The charge was that between 20th April 2009 and 10th March 2011, being the persons engaged in the processing of the biometric ID card and other official documents, they produced and sold and intentionally withheld the sum of twenty-seven million, six hundred and one thousand and ninety dalasi, and thereby caused loss to the government.

The accused persons and their company Pristine Consulting were further accused of being the persons engaged by the Gambia government to produce and supply finger scanning machines and accessories, and that they intentionally failed to produce and supply as required and thereby caused an act detrimental to the economy of The Gambia.

Count three stated that between 20th April 2009 and March 2011, the accused persons conspired to deceive the public by printing and selling Gambian biometric ID cards and driving license, residential permits, all of which contained the biometric chip.

A further accusation made against the accused persons and their company stated that Pristine Consulting, Assan Touray and Abdourahman Touray, on 20th April 2009 received on behalf of the government of the Gambia twenty-seven million, six hundred and one thousand and ninety dalasi.                              

Former Chief Justice at Tax Commission

By Sainey M.K. Marenah, Managing Blogger

Former Chief Justice Abdou Karim Savage and other legal practitioners yesterday came before the tax commission sitting at the high court premises in Banjul.

Hawa Sisay-Sabally, Bola Carrol, Omar MM Njie, Mary Abdoulie Samba Christensen, all legal practitioners, as well as officials of Databank and Deloite & Touché Associates, gave evidence during yesterday’s sitting of the commission.

Established in November 2011, the commission of inquiry looks into tax evasion and other corrupt practices of accountants, legal practitioners, companies, and private persons, medical practitioners and institutions required to pay tax to the Gambia Revenue Authority.

The commission was also mandated, among other things, to ascertain the extent of loss of public revenue resulting from non-payment of capital gains tax, personal income tax and sales tax; and to determine the role of individuals, groups and professional bodies in the evasion and avoidance of tax.

It will also enquire into professional malpractice by members of the public as it relates to obtaining goods through widespread issuance of false and dud cheques and other malpractices by members of professional bodies as these have affected foreign direct investment in The Gambia.

Bola Carrol, a legal practitioner for 21 years, told the tax commission that he got enrolled to both the Gambian and Nigerian bar in 1990, adding that he also worked at the Attorney General’s Chambers.

Carrol told the commission that he went into private practice in October 1992 adding, “I have been paying my taxes since 1995/6 and my staff strength is two people.

“I have paid my personal income tax, sales tax and pay as you earn tax (known as PAYE).

He showed the commission the receipts of payments including for sales tax from 1999 to 2011, personal income tax from 1998 to 2011 and PAYE tax from 2004 to 2011.

The state representative at the commission, Mr. Morris, applied to tender the said documents, which were admitted and marked by the chairperson of the commission, Justice Mama Singhateh.

Hawa Sisay-Sabally recalled that she was called to the bar in 1990 and started legal practice in 1991 at the AG’s Chambers, and once served as Secretary of State for Justice.

She told the commission that she paid her sales and personal income taxes, as well as PAYE up to date.

She showed the commission her receipts of payment, which included personal income tax from 1999 to 2011, sales tax from 1999 to the third quarter of 2011 and PAYE tax from 2004 to 2011, which were admitted by the commission.

She recommended to the commission that tax laws should be harmonized because they are many Acts on taxation, and there was a need to look into and harmonized these Acts; and also to build the capacity of tax collectors to ensure compliance.

She urged massive sensitization of the citizenry about the different types of taxes, adding that the tax deposit before registering a business is discouraging investors.

She also recommended drafting local statutes rather than relying on others.

Omar MM Njie said he is a legal practitioner, who was called to the bar of England in 1991 and The Gambia the same year, adding that he briefly worked at the AG’s Chambers.

He started active practice in November 1993, adding, “I have always endeavored to pay my taxes.”

Njie showed the commission the receipts of payment of his sales tax from 1999 to 2011; personal income tax from 1999 to 2011, as well as his “PAYE.”

Mary Abdoulie Samba Christensen, said she was called to the bar of England in 1991 and in Gambia in May 1992, adding that she opened her own chambers in 1995.

She told the three-member commission that other than legal practice, she is into business too.

“I always do my best to pay my taxes,” she said, adding, “I have receipts of my payment of sales tax from 1999 to 2011, personal income tax from 1999 to 2011, as well as employer’s tax.”

Her receipts were marked by the commission.

A former Chief Justice, Abdou Karim Savage, was also at the commission, which he informed that he was called to the bar in 1999 and worked at the AG Chambers. He told the commission that he did not practise, since he was removed from office as Chief Justice of the Gambia.

“I don’t have any chamber, but render legal services from 2010 to 2011,” he said.

His income tax receipts for 2010 to 2011 were marked.

Olu Jacob Thomas, office manager at Data Bank Security informed the commission that his office is a primary dealer to the Central Bank of the Gambia, adding that they started operations in 2003.

He said they paid company tax from 2003 to 2004, income tax from 2003 to 2011 and employers tax from 2004 to 2011, the receipts of which were all marked.

The commission ordered the management to provide them with MoU signed between them and the Central Bank of the Gambia as soon as possible.

Cherno Alieu Jallow, chartered accountant at Deloitte and Touché Associate said he joined the said company in 1999, but in June 2003 he was admitted as a partner.

He also told the commission that after the company’s name was changed in 2011, he became the managing partner, and showed the commission the receipts of payments made.

These included corporate income tax from 1999 to May 2011, PAYE, environmental tax, as well as sales tax receipts, which were all marked and admitted as evidence.

Sampierre Mendy, admin. manager at Emanic Consulting Company Limited was also at the commission to produce receipts of corporate tax, sales tax and PAYE paid.

He told the commission that they paid corporate tax from 1999 to 2011, and employer’s tax from 2009 to 2011.

He was told by the chairperson of the commission to make available the receipts of payment of sales tax by 21st December 2011.

The company’s receipts for corporate and PAYE taxes paid were marked.

Sittings of the commission resume on 14 December 2011.

Gambians welcome Fatou Bensouda’s ICC appointment

MK interviewing the next ICC Chief Prosecutor Fatou Bom Bensuoda

Having been widely criticized by mostly Africans for its concentration on Africa, hope is rising across the African continent that the International Criminal Court, ICC, will no more be politicized now that it has an African as its chief prosecutor.

Gambian-born Fatou Bensouda has been appointed as the new chief prosecutor of the International Criminal Court, becoming the first African to hold the top post at the ICC.

Mrs Bensouda, a former senior legal adviser at the International Criminal Tribunal for Rwanda, which is trying key figures responsible for the 1994 genocide in the Central African state, got the job ahead of three other short-listed candidates.

They were Andrew Cayley, the British co-prosecutor at the Khmer Rouge Tribunal in Cambodia; Tanzania’s chief justice Mohamed Chande Othman; and Canadian war crimes specialist Robert Petit.

“To make an African head such an International Tribunal to handle such matters is in line with the principles of justice and fairness,” Gambian sociologist and leading opposition politician Halifa Sallah said in his reaction to the news.

“It is a welcome development, and we do hope that she will leave a legacy that will change the image that some people have of the institution, and transform it into a citadel to combat impunity in the world,” Sallah added.

Many Africans, he pointed out, have complained that the ICC is focusing only on African leaders or leaders from countries that are not linked to the West.

“We hope that having a prosecutor from Africa, and a country like The Gambia with a small population, would eradicate the view many had held that the institution is being politicized to serve the interest of the strong against the weak; the North against the South”.

Born on 31 January 1961, Fatou received a bachelor-in-law degree from OAU University in Nigeria and a barrister in-law degree from the Nigeria Law School.

In addition, she holds a master’s degree in International Maritime Law and the Law of the Sea. This makes her the first international maritime law expert of The Gambia.

Bensouda was elected Deputy Prosecutor of the Court by the Assembly of States Parties on 8th September 2004 and since then has headed and overseen the Prosecution Division of the Office of the Prosecutor.

In 2009, she received the International Jurists Award for her contributions to national and international criminal law.

Before joining the ICTR, she was the General Manager of a leading commercial bank in the country.

“Her accomplishment has put The Gambia on the map in such a positive light. Her appointment without a doubt signifies the commitment she has had to excellence. I am deeply proud of her as a woman, and a Gambian. Mrs. Bensouda is an exemplary model, and I wish her the best,” Fatim Badjie, Minister of Health and Social Welfare also told this paper yesterday.

Mrs Jainaba Nyang of Action-Aid International The Gambia, who is an elder sister of Mrs Bensouda, also told this paper yesterday that Fatou Bensouda’s appointment is a good achievement for the country.

The Gambia, Jainaba added, is a very small country, and this shows that the country can be where other countries around the world are.

“I cannot agree more with what others say. I am speaking from a Gambian perspective, and I can say that we are a small country but we can achieve great things. We can only wish her well and pray for her for God’s guidance. I must also thank all those who supported her during the process,” Nyang added.

Between 1987 and 2000, Bensouda was successively Senior State Counsel, Principal State Counsel, Deputy Director of Public Prosecutions, Solicitor General and Legal Secretary of the Republic of The Gambia, then Attorney General and Minister of Justice, in which capacity she served as Chief Legal Advisor to President Yahya Jammeh and his Cabinet.

Mrs Bensouda also took part in negotiations on the treaty of the Economic Community of West African States (ECOWAS), the West African Parliament and the ECOWAS Tribunal.

She has been a delegate at United Nations’ conferences on crime prevention, the Organization of African Unity’s Ministerial Meetings on Human Rights, and the delegate of the Gambia to the meetings of the Preparatory Commission for the International Criminal Court.

“As a Gambian and African, Fatou’s appointment will further put Gambia on the world map and would go a long way in telling the whole world what The Gambia is capable of doing, despite being a small country,” Ousman Sonko, minister of the Interior told The Point newspaper.

While congratulating and commending Fatou Bensouda for her hard work and steadfastness, Sonko said Fatou’s commitment and steadfastness made her get the position.

“We are very proud of Fatou Bensouda, and we continue to pray for her for Allah’s guidance and protection. We will give her all the support in order for her to discharge her duties as expected. Having worked with her as a colleague, we have no doubt that she is the right guy for the position, because she is honest, sincere and devoted all her time to duty and serving humanity,” Sonko added.

“We are all very proud of Fatou Bensouda’s achievements. This is not only an achievement for her and The Gambia alone, but for the whole of Africa and the rest of the world,” Hamat Bah told this paper.

Leader of the opposition National Reconciliation Party, Bah dismissed suggestions that the ICC has over the years been only investigating atrocities in Africa.

“Some African leaders have accused the International Criminal Court of only concentrating on Africa, but this is bogus because we have more of them committing crimes against humanity, war crimes and genocide which are all against the ICC principles,” he said.

“There is no witch-hunting against them. All that the ICC wants is for African leaders to act in accordance with international law,” Bah added.

“It is a very tough job, but we have no doubt that she will scale through, because she has the know-how and the expertise to succeed,” he further noted.

Moses Richards released from prison

Richards finally breath air

By Sainey M.K. Marenah, Managing Blogger

Lawyer Moses Richards, who was recently convicted and sentenced to two -years-six-month imprisonment, has been released from prison, The Point was reliably informed.

Richards, a former judge at the high court in Banjul, was convicted recently by the Magistrates’ court in Banjul, for sedition and for giving false information.

Though family sources did not advance any reason for his release from prison, the move has come barely a week after Richards was said to have written an apology letter to President Yahya Jammeh and begged for mercy.

Our reporter, who visited Richards' Latrikunda German residence yesterday morning, was told by a family member, who confirmed his release from prison, that Richards was out of the house by then.

“Yes, it is true that Moses Richards has been released from prison,” Fatou Kujabi, a family member, said.

It would be recalled that Moses Richards last week filed an appeal against his conviction at the Special Criminal Court, but before it could not be heard the Bar Association, which represented Richards, asked high court judge Justice Nkea to excuse himself from hearing the appeal.

Richards was convicted last month after the Banjul Magistrates’ Court found him guilty of giving false information to the Sheriff of The Gambia in November last year, by stating that the President of the Gambia had ordered the stay of execution of the writ of possession in a civil suit with intent to cause the Sheriff of The Gambia to stop the execution of the said writ of possession.

He was also convicted on grounds that he published a letter to the Sheriff of The Gambia stating that the President of The Gambia had ordered the stay of execution of a writ of possession in the civil suit with intent to bring into contempt the person of the President.

Jammeh boosted by opposition pact failure

President Jammeh, Hamat, Darboe and Sallah

Incumbent President Yahya Jammeh has his chances of re-election for a fourth term in office boosted further after efforts by seven Gambian opposition parties to agree a single candidate to stand against him ended without any outcome.

Leaders from the fragmented opposition UDP, PDOIS, NRP, NADD, GMC, PPP and GPDP held weeks of talks, between September and October this year, on fielding a single candidate against Jammeh, but the talks foundered with no agreement on who should put up the candidate.

A press release issued and signed by leaders of the seven parties, among others, highlighted the disagreement among representatives of opposition parties at the said meetings, with just five weeks to go before the Presidential Election slated for Thursday 24th November 2011.

Below we reproduce the full text of the press release verbatim:

We, the undersigned, having met from the 3rd of September to 14th October at the YMCA and People’s Centre respectively have mutually agreed to issue this press release as a true reflection and summation of the deliberations and outcome of a meeting convened in response to an invitation by the UDP for Opposition Parties to meet and discuss the issue of Unity and the modalities of fostering it.

All the non-ruling party allied opposition parties in The Gambia, namely in alphabetical order, GMC, GPDP, NADD, NRP, PDOIS, PPP and UDP participated in the deliberations.

Six long sessions were held characterized by frank, sincere and insightful debates that enabled each delegate to form and even reformulate opinions in the course of the deliberations.

At no time of the discussion was the outcome predictable to anyone. Consultations continued until the 11th hour. All views were entertained and all intolerance muted.

A climate of respect for freedom of expression and tolerance of divergent views was maintained. Decorum ruled the relationship of the representatives.

The outcome of the meeting of 3rd September to 14th October 2011 is that all opposition parties present supported the creation of a United Front.

In terms of the modalities of creating the United Front, a motion was introduced for all parties to support the holding of a convention to determine the selection of a Presidential candidate.

It was moved that proportional representation should be introduced relying on the results of the 1996, 2011 or 2006 elections; that the person who emerges second in the election serves as an interim shadow cabinet prior to the elections and mutually agreed reform agenda should be accepted as an election manifesto.

Participants were requested to endorse the proposal to make the UDP initiative a historical success.

The motion was seconded and supported by 5 parties namely, GMC, GPDP, NADD, NRP and PDOIS. Two parties not in support of the motion were UDP and PPP.

In his closing remarks, Mr Ousainou Darboe, the leader of the UDP, the convener of the talks, expressed his deep appreciation for the response given to the invitation of his party to the talks, and the time, energy and wisdom displayed by all participants to enable us to conclude the talks in a climate of tolerance, respect, and sincerity.

He said that even though the proposal his party made for a UDP-led alliance is not accepted, he is of the view that it could achieve the objectives stated in the motion for a Convention.

He said that his party accepts the outcome in good faith and the historians would record it as an effort by his party to bring the opposition together, even if it did not turn out as they wanted.

The other delegates indicated that history has been made in participating in a meeting where every delegate has the freedom to express his or her views.

They acknowledged that everyone was humble, as true servants of the people should behave.

All views were listened to, and each was free to make and revoke decisions. The deliberations were truly participatory and democratic.

They commended the UDP for taking the initiative, and wished that all emerged from the talks with one voice and one position. They expressed the need to maintain relations between those who support a convention and those who did not, so that through further consultation, unity may eventually be attained.

The chairperson of the talks, Mr Amadou Taal, closed the talks by urging for further consultation to be made to close ranks before nomination.

Ex-Police Chief appeals life imprisonment

Ex Police Chief: " I must Appeal this Bogus verdict"

By Sainey M.K. Marenah, Managing Blogger

Ensa Badjie, the former head of the Gambia Police Force, has filed an appeal at the Gambia Court of Appeal against his life imprisonment sentence by the Special Criminal Court in August of this year.

The ex-police chief was found guilty on robbery-related charges, and was convicted and sentenced to life imprisonment.

Confirming the appeal, lawyer Borry Touray said, “Yes, you are right that my client had filed an appeal at the Gambia Court of Appeal challenging the superior court’s decision, some months ago, since his conviction.”

It would be recalled that Badjie was found guilty of seven out of 12 charges filed against him by state prosecutors in May 2010, after his arrest in March of the same year.

Badjie was convicted alongside former Chief Superintendent of Prisons Ali Ceesay, who was sentenced to three years or a fine of D30, 000 after being found guilty on one out of the three-count charge preferred against him.

Ceesay was acquitted and discharged on count 14, conspiracy to defeat justice and interference with witnesses, and on count 15, which was about deceiving witnesses. He was found guilty on count 16, which was an offence relating to judicial proceedings.

Indicted since May last year, Badjie was accused of conspiring with others “to break into and rob shops, banks and supermarkets between the years 2007 and 2009”, and thereby committed an offence.

Badjie was convicted and sentenced to seven-year imprisonment on count one, which was for conspiracy to commit a felony, 14 years on count two, which was for robbery with violence.

He was sentenced to life imprisonment on counts five and seven, which were about robbery with violence, and two years on count 11, which was aiding a prisoner to escape, and another seven years on count 12, which was for official corruption.

Ex-police chief Ensa Badjie and his co-accused first appeared at the Special Criminal Court on Friday 21st May 2010, where their plea of not guilty was recorded, following their denial of the charges preferred against them by the state.

The prosecution in order to prove its case called several witnesses to testify, including one Soriba Condeh, a convict serving a jail term of 14 years at Mile 2 prison, Pateh Jallow, former deputy chief of the National Drug Enforcement Agency (NDEA), Muhammed Sillah, a police officer, Muhammed Darboe, also a convict at Mile 2, and Baba Tundeh Khan proprietor of the famous ‘City Pub’ Bar and Restaurant.

Also called as prosecution witnesses were Fatou Jatou Mendy, Salieu Baldeh, another convict serving a jail term, police superintendent Landing Bojang, officer commanding Serrekunda Police Station, police inspector Abdoulie Sowe, officer commanding Criminal Investigation Department (CID) Bakoteh Police Station, and Dodou Janneh alias Do Boy, a murder convict serving a death sentence.

Ensa Badjie is already involved in another trial alongside two other senior military officers, under a 51-count charge including drugs-related offences, corruption and theft.

He is also currently appearing before the Banjul Magistrates’ Court for charges relating to abuse of office alongside Tijan Badjie, former head of police prosecutions Banjul division.

‘Gambians need a new leader…’, says Henry Gomez

Henry Gomez: " Gambia Need new Leader."

By Sainey M.K. Marenah, Managing Blogger

“Gambians need a new leader, and all what we are calling for is change. People are yearning for change because 17 years of APRC leadership is enough,” declared the leader of the opposition Gambia Party for Democracy and Progress, Henry Gomez.

He told this reporter, in an exclusive interview yesterday, that recent talks held by the opposition to form a united front ahead of the presidential election, were not a failure.

He added that hopes are still alive that the issue of a united opposition front will come to fruition, ahead of the scheduled Presidential Election on November 24.

In his view, the issue of alliance is bigger than the wishes of all of the opposition political leaders, because the interest of Gambians is at stake, something which should be put into consideration.

Gomez urged his fellow politicians to put aside their selfish interest, and work towards the betterment of all Gambians.

Citing the outcome of the recent election in Zambia, Gomez said that such a development can also happen in The Gambia, as Gambians are yearning for a change.

“We believe in democracy and, come 24 November, Gambians will have a new leader and new party. The APRC leadership has to leave after 17 years bearing the mantle,” he added.

Explaining the outcome of the recent consultations of opposition leaders, Henry Gomez said the talks held by the opposition, to form a united front ahead of the presidential election, were not a failure.

Gomez went on to dismiss remarks that the talks by the opposition leaders failed, describing such comments as baseless and lacking substance.

“Our discussions were frank; we did not quarrel, because we are all matured politicians; but let people know that there was no failure in the opposition talks.

“The problem is there are two ways that the opposition leaders are looking at. One is the issue of a convention, and the other is that of a party-led alliance,” Gomez continued.

Having been denied the chance to contest the 2006 elections, Gomez said he is ready to throw his weight behind any opposition candidate chosen by Gambians.

According to him, political party leaders and Gambians, in general, should allow a convention, which he said is the norm in other countries.

“So why should The Gambia be an exception to this convention. When we practice it in The Gambia, other countries will also learn from us, and this is the beauty of democracy,” he further stated.

“I am in for a convention, because we cannot have a party-led alliance; a party-led alliance in my own opinion is undemocratic. We as leaders are chosen by Gambians, and we should respect the decision of the people,” he said, adding that Gambians have to be given the opportunity to choose their leaders.

Gomez said he and Halifa Sallah of PDOIS agreed on the need to hold primaries for Gambians to choose their leaders, adding ,that is what Gambians need, at the moment, in order to pose a threat to the ruling APRC party and incumbent President Yahya Jammeh’s 17-year rule.

Confusion over election campaign period

Confusion erupted at the Independent Electoral Commission (IEC) yesterday following argument between representatives of political parties and the Commission, about the stipulated 11 days official campaign period for the forthcoming Presidential Election slated for Thursday 24th November.

While opposition party leaders declared that the stipulated time frame for the campaign, which runs from the 12th to 22nd November, is “grossly inadequate”, the IEC chairman, Alhaji Mustapha Carayol, said the campaign will take place as scheduled, and the dates cannot be changed.

The deputy IEC chairman, Malleh Sallah, added that not changing the dates does not mean that the election will not be free and fair.

“In fact, this election will be the most free and fair election ever held in The Gambia,” he added.

Also raised at a press conference held at the Election House yesterday was the issue of people who registered more than once, and what measures the IEC should take to address such malpractices.

Halifa Sallah - PDOIS

First to raise the issue was Halifa Sallah, Secretary General of the Peoples Democratic Organisation for Independence and Socialism (PDOIS), who asked for the views of the IEC on the need to review the campaign period from the stipulated 11 days to something closer to three weeks or a month.

“The IEC has up to 30 days since after the date of nomination is declared before elections. So we are considering a review of the campaign period from the 11 days to something closer to a month or three weeks,” he said.

Sallah also said he is not insisting that those who registered more than once, and failed to surrender the other cards be taken before a court, but is insisting that the IEC publishes the names of those people to shame them, so as to avoid a repetition of such malpractice.

“Something ought to be done to teach those people and the rest of the Gambian people that to conduct themselves in such a way is not only unlawful, but disgraceful,” Sallah stated.

Ousainou Darboe - UDP

Ousainou Darboe, leader of the opposition United Democratic Party, UDP, stated that a free and fair election is more the business of Gambians than going through the motions of elections and making it the business of Gambians.

“It is not unprecedented for election dates to be announced and postponed. That is not unprecedented in the world. The law doesn’t say that when campaign periods are declared, it is not subject to change. The law doesn’t say so. I think the commission should be pragmatic about this, because this can be changed and it should be changed. Why do we have a shorter period,” he added.

According to Darboe, the opposition can go out to campaign, but the main issue is that of having coverage by the national television.

“We have seen the APRC having access to the television every minute of the day, selling their ideas and programmes, which we do not have,” he said.

Darboe believes that having access to the state media will give an indication that elections in The Gambia are really free and fair, and not something that has been done just to go through the motions. He noted that it is not immutable that IEC cannot change the campaign period, unless the Commission says that they are not going to change.

“The IEC should not fail its responsibility of having those who registered more than once face the consequences of the law, and that their names should be deleted. They have committed a crime, and they should not be allowed to benefit from the fruits of their crime,” Darboe went on, adding that they must face the consequences or otherwise the IEC will be compromising its credibility, and that would not bring feathers to their cap.

Hamat Bah - NRP

Also at the press conference was Hamat NK Bah, leader of the opposition National Reconciliation Party, NRP, who called on the IEC to address the issue of inconsistencies regarding the handling of cases by the revising courts as, in his view, non-Gambians have registered and are going to vote in the elections to decide the destiny of this country.

“We hope that the IEC will act as quickly as possible so that these things can be addressed. The time frame allocated for us to campaign is grossly inadequate. The APRC has been using the radio and television for over 1000 days, and we would only be allowed to use it within 11 days, which is sad,” Bah said.

According to him, the forthcoming presidential election is crucial, and that the opposition will not stand idle and wait for their victory to be robbed or for them to be robbed of victory.

“We will stand firm to defend our fundamental rights. The IEC has been compromising too much regarding those who have illegally registered themselves more than once. Those who have committed these crimes must not be allowed to vote, because they have already committed a crime. We are compromising too much, and the more we do that, the more we compromise the credibility of the system,” he added.

The NRP leader further opined that the country deserves a free and fair election.

“We are in a year of transformation, and Gambia cannot be an exception. Let’s go by the rule of law,” he told the gathering.

Samba Gajigo – APRC

Samba Gajigo, the Administrative Secretary of the ruling Alliance for Patriotic Reorientation and Construction (APRC) expressed a different view.

He said the duration for the campaign is adequate.

“What is most important is for political parties to take advantage of the period they have now not necessarily holding rallies, but campaigning,” he said, adding that political parties must continue working as parties to ensure that they entrench their parties within their communities.

According to him, campaign periods are periods when tempers are usually high. He opined that election management is the business of everybody, but most importantly the business of the IEC, who needs to manage that period so well that it is devoid of excessive problems that would hinder the credibility of the elections.

“The IEC has the responsibility and the duty to look at the best time frame, and this is what they have done. I totally share the view that the period allocated is adequate,” he added.

Lawyers protest Moses Richards conviction

By Sainey M.K. Marenah, Managing Blogger

Ex Justice Moses Richards

Members of the Gambia Bar Association yesterday began a week-long stay away from the courts, in protest against the jailing last month of former high court judge and lawyer Moses Richards by the Banjul Magistrates’ Court.

The move, sources close to the association said, followed a meeting by members of the Bar, who have called for Richards’ release.

The protest action at the high court in Banjul yesterday virtually interrupted all court proceedings.

The lawyers’ strike took effect on the very day, Monday, when judges at the high court in Banjul resumed sittings, after the traditional annual summer recess for two months.

It would be recalled that lawyers did embark on an earlier strike, in January 2011 which only lasted for three days, against the arrest and prosecution of Richards.

In a press release issued last month and signed by its President, Sheriff M. Tambedou, the Bar condemned Richards’ conviction, which it “considers as an assault on the independence of the profession, as well as a malicious attack on the independence of the Bar.”

“By this appalling act the Gambia Bar Association considers the whole Gambian legal profession and the rule of law to have been tried and convicted by extension,” the association said in its statement.

At the Banjul Magistrates’ Court, there was a court sitting on a drugs-related case without the presence of any lawyer, this reporter confirmed.

When contacted yesterday, Kombeh Gaye-Coker, Secretary General of the Gambia Bar Association, confirmed that the lawyers are indeed on strike, stating that it is true that the lawyers embarked on a week-long strike to show their “disapproval” of the conviction of Moses Richards, who was jailed last month for two years six months with hard labour.

“We have made a request and, if approved by the Inspector General of Police, on Monday 10th October, we plan to have a peaceful procession from the High Court in Banjul to Mile 2 Prisons,” she added.

Elections are cornerstone of democracy, declares Point’s chief editor

 By Sainey M.K. Marenah, Managing Blogger

B.Senghore, Point's Chief Editor

The editor-in-chief of The Point newspaper, Baboucarr Senghore, has underscored the significance of the forthcoming presidential, parliamentary and local government elections, stressing that elections are the cornerstone of any democracy.

He stated that the media has a vital role in informing the public about what the politicians are promising; in telling the politicians what ordinary people want, or do not want; and in ensuring that the polls are free and fair.

Senghore, who was speaking during a presentation on the “Role of editors in election coverage and reporting” at a four-day training workshop on election reporting for Gambian journalists, said yesterday that this was particularly important in countries lacking a solid background of democratic rule.

In his presentation, The Point’s chief editor opined that good journalists should also report elections in a non-partisan way, suppressing their own political views in order to allow the public to make up their minds solely on the basis of what the various candidates are offering.

According to him, one of the main problems in election reporting is corruption.

“Corruption is at the heart of poor election reporting in Africa, and a good number of journalists have fallen prey to this vice.

“As editors, we have a role to play in avoiding such problems.

Still on the role of editors in election coverage and planning, Mr Senghore went on to state that planning is essential to effective election coverage.

He said, as an editor, one should always check with the electoral commission all the details of the coming poll: registration date, start and closing day of the campaign period, election-day specifics (how the polling will be organized, among others.

In his view, elections bring politicians closer to media practitioners and, as a result, the image of the profession is profoundly tarnished with some insurmountable problems recorded.

Commenting on ethics, he said, observing the ethics of the profession is the golden rule, the success story and the kick-starter of the practice, when the canons of responsible journalism are put in motion.

“It is for this reason that professional ethics should be viewed and reviewed properly, more particularly as it stands as the formidable passage-way from common practice of journalists to their being regarded as the watchdogs of the society,” he added.

He told the gathering that the challenge of objectivity, impartiality and balance in journalism is faced daily by journalists, but there is no better test of professionalism than that faced in the heat and pressures of a bitterly fought political election, hence the need for such training of Gambian journalists in election reporting procedures.

“Journalists are, therefore, expected to be scrupulous enough to provide citizens with access to all the facts, opinions and ideas being canvassed in the election campaign,” he said, further noting that media houses should not be biased, political or opposition-minded as this can greatly affect their professionalism and the professional code of conduct.

Journalists, he went on, must resist with a will the temptation to be biased in their reporting. “The people to whom we are accountable need to be well-informed about all the issues at stake, so that they can decide for themselves,” he said, adding it is unethical for a journalist to canvass a particular political position.

For him, journalists who wish to do so would be wise to quit the profession, and run for an elective office.

He also stated in his presentation that the success or failure of a reporter in election reporting is largely dependent on some key indicators which, among others, include the state of mind of the journalist; lack of access to source of information; lack of effective communication; poor wages of journalists; editorial line of the media house; and cosmetic training in the media profession.

Ahead of November Polls, IEC task journalists to abide by ethics

By Sainey M.K. Marenah, Managing Blogger 

Electoral Commission, Director of Communication, training and publicity

Ahead of scheduled presidential, parliamentary and local government elections in the country, the Independent Electoral Commission has urged Gambian journalists from the print and electronic media to abide by to the maximum, the standards and ethics as spelt out in the media rules on election coverage and reporting.

Joseph Colley, Director of Communication, Training and Publicity at the Commission, gave the word of caution Wednesday during his presentation on “IEC Media Guidelines on Election Coverage”.

The occasion was a four-day training workshop on election coverage and reporting for Gambian journalists, which ends today at the Gambia Press Union secretariat in Bakau.

According to him, media rules on elections were established to provide for fair access to the media by all political parties and candidates over the electoral period.

“The IEC shall, during the election campaign period, ensure that equal air time is given to each candidate and national party on the public radio and television (section 93 of the Elections Decree 1996),” Colley told journalists.

The IEC media officer, whose presentation focused on a number of pertinent issues on elections, said the Independent Electoral Commission has general powers to regulate the conduct of election.

“Special provision is also made to provide regulation on the maximum political air-time which may be used by any candidate on privately owned radio stations to reduce any advantage to a candidate with significantly more financial resources than other candidates,” he added.

However, he explained that the IEC has not deemed it necessary, at this stage, to provide financial limits on political parties advertising in the print media.

“All media outlets are reminded of the provisions of the Elections Decree, particularly sections 90-96, and the code on election campaign ethics,” he announced.

Colley went on to urge media organizations and journalists to apply the spirit of these rules and to continue to do so after the declaration of the results.

“For the avoidance of any doubt, it should be stated that private radio stations or the print media may carry out political advertisement immediately,” he stated.

Dilating further on the rules relating to public media, Colley said this section shall apply to all media organizations, radio, TV, and print, owned by the state.

“The Director General of the Gambia Radio and Television Services (GRTS) shall take all reasonable steps to ensure that there is no undue party advantage given in the public media to the party or a candidate, who is a member of the political party in government,” he explained.

Concerning the allocation of air-time on private radio stations, the IEC official added that no private radio station, other than those approved by the IEC under section 94-95 of the Election Decree, shall carry political advertisements.

“It is not required for each station to charge the same as another station, but no station shall differentiate between candidates in its charges, discount, etc,” he pointed out.

Colley further stated that a special provision requires that no political party publication or advertisement shall be carried by the public or private media in The Gambia, following the closure of campaigning at midnight.

This, he went on, does not affect analysis, news or information concerning the elections themselves, provided such coverage is balanced, objective, and done in good faith, and that it is not in any way a continuation of campaigning.

“Special attention shall be given by all members of the public media to ensure compliance with these provisions,” he added.

Gambian journalists certificated on election reporting

Managing Blogger receiving certificate from GPU Chief at the Closing ceremony

 By Sainey M.K. Marenah, Managing Blogger

 After four days of intensive classroom training on elections coverage and reporting for 23 Gambian journalists, ahead of the much-anticipated 24th November polls, the organizers gave certificates to the participants at the end of the course on Friday.

The International Center for Journalists (ICFJ) in close partnership with the Gambia Press Union and Foundation for Legal Aid, Research and Empowerment organized the workshop, which was conducted by a well-known African American journalist and writer, Herb Frazier.

The training was interactive, and journalists interviewed by this reporter at the end of the workshop, vowed to put the knowledge gained into practice, in reporting on the forthcoming elections.

Speaking at the closing ceremony, ICFJ country director Alieu Famara Sagnia said their aim was to see that Gambian journalists are well-equipped and armed before covering the elections.

He called on the participants to share the knowledge gained with their colleague, and announced that a second training course on election reporting will be organized in December of this year.

The former director of the government Information Service, reminded the journalists of the purpose of the training course, which he said is to prepare journalists and their media houses for effective election coverage and reporting.

“It is believed that in the medium to long term, this activity will contribute towards achieving the overall program objective, which is to support the media organizations in The Gambia, by building their capacity, and in this way help advance the cause of good governance and basic freedoms in the country,” he said.

Emil Touray, president of the Gambia Press Union, who chaired the closing ceremony urged his members to always put in practice what they have digested over the four-day period.

Mr. Touray added that the press union is aware of the capacity gap in the media, but was quick to add that this will soon be history, as there are many training packages for Gambian journalists in the pipeline.

He went on to call for responsible journalism, whilst commending the ICFJ for taking the bold step in building the capacity of media practitioners in this country, which he believes is a step in the right direction.

Herb Frazier the lead consultant and trainer spoke briefly at closing ceremony, and hailed the professionalism and commitment demonstrated by the course participants.

Journalists crucial to free and fair polls says veteran US Journalist

Herbs Frazier Well know African America Journalist and Author

 By Sainey M.K. Marenah, Managing Blogger

Veteran African-American journalist and writer, Herb Frazier, has underscored the significant role journalists the world over play in ensuring that elections are free and fair.

Mr. Frazier is an international media consultant, a former correspondent and editor for several U.S. newspapers, including the Charleston (SC) Post and Courier, and a former Knight International Journalism Fellow.

He was the lead consultant in the just-concluded four-day training for Gambian media practitioners on election reporting, and spoke in an interview with this reporter.

“Journalists have a role to play in ensuring elections are free and fair,” he opined.

Commenting on the ICFJ training workshop on election reporting for Gambian journalists, the US-based journalist underscored its importance, noting that it is important for journalists to uphold the fundamentals of good journalism, fairness, balance, impartiality, which he added are vital in ensuring that voters have correct information before going to the polls.

A former Journalism Fellow at the University of Michigan and founding president of the South Carolina Coastal Association of Black Journalists, Frazier further stated that journalists should not in any way support any political party during elections.

“Journalists should be independent, and state only the fact, representing each candidate’s position in very fair; balance; and accurate manner,” he noted.

Frazier called on Gambian journalists to maintain objectivity and professionalism as their guiding principles.

He also urged them to be focused on the fundamentals of good journalism, adding that a good journalist is one who, among others, wins the trust of the people, keeps an open mind and listens to both sides.

Frazier, who also reports and edit for many US newspapers, said he saw a bright future for Gambians journalists as they are young and committed to the profession, despite working in a difficult environment.

2011 Polls: Training Journalists in Election Reporting

 By Sainey M.K. Marenah, Managing Blogger

 

Ahead of scheduled presidential, parliamentary and local government elections, over 20 journalists drawn from the print and electronic media yesterday began a four-day intensive training on election reporting.

The training, underway at the Gambia Press Union Secretariat in Bakau, is the result of a media capacity building program in The Gambia, launched in November 2010 by ICFJ with funding from the US Department of State’s Bureau of Democracy, Human Rights and Labour.

Being conducted in conjunction with the Gambia Press Union, GPU, and the Foundation for Legal Aid Research and Empowerment, FLARE, the purpose of the program is to enhance the skills of journalists (reporters and editors) working in the country, as well as strengthen the associations which represent them.

Speaking at the opening ceremony, Alieu F. Sagnia, country director of ICFJ-Gambia, said the purpose of the training course is to prepare journalists and their media houses for effective election coverage and reporting.

“It is believed that in the medium to long term, this activity will contribute towards achieving the overall program objective, which is to support the media organizations in the Gambia, by building their capacity, and in this way help advance the cause of good governance and basic freedoms in the country,” Sagnia stated.

He told journalists that practicing with improved skills and greater professionalism can increase their credibility, in addition to being empowered to operate effectively and efficiently in their environment.

Almami Taal, was the guest speaker, and in his keynote address underscored the importance of the training, noting that elections form part of a democratization process.

According to Taal, who is president of FLARE, democracy is not an event but a process of checks and responsibility.

“The privilege and responsibility of reporting the news goes hand in hand,” Taal said, while urging journalists to be mindful in dealing with politicians.

He also urged journalists to practice responsible journalism as elections are not child’s play, stressing that, as journalists, they must find new ways and new paradigms of trying to deliver democracy.

Bai Emil Touray, president of the Gambia Press Union reminded journalists of the pivotal role they play, especially when it comes to election reporting and coverage.

Touray urged his colleagues to be responsible in reporting elections as journalist can fuel violence or maintain peace, through their reporting.

“The Constitution of the Gambia has clearly stipulated that journalists shall hold the government accountable, as well as serve as watchdog,” he stated.

The GPU president noted that the masses cannot make proper decision if they are not properly informed by journalists.

“We must also bear in mind that election is a process; it is not only campaigning or casting votes; elections goes beyond that period. Elections start the day the central statistics bureau collects census data,” he said, adding that from such census, journalists are also expected to cover registration periods which is crucial, as many election observers believe that is the time elections are rigged.

Meanwhile, the topics to be covered by the training workshop include legal principles; electoral laws of the Gambia, IEC media guidelines for election coverage, and the role of editors in covering and reporting elections.

Gambia:Bar Association condemns Lawyer Moses Richards conviction, vow to teach Nigerian Magistrate lesson

By Gambian Correspondent - Shout-Africa.com The Gambia Bar Association (GBA) has reacted to the conviction of Lawyer Moses Richards and his sentencing to two years imprisonment by the Banjul Magistrates’ Court, by calling on the Government to free Moses Richards.

Sheriff Tambadou

In a press release issued yesterday and signed by its President, Sheriff M Tambedou, the Bar condemned Richards’ conviction, which it “considers as an assault on the independence of the profession, as well as a malicious attack on the independence of the Bar.”

Below we reproduce the full text of the GBA press release verbatim:

This is a general broadcast from the Gambia Bar Association.

This Monday, the 19th day September 2011 at approximately 11 am at the Banjul Magistrates Court, Moses B. J Richards, a legal practitioner was convicted and sentenced to serve a term of 2 years with hard labour at Mile II Central State Prisons. The alleged crimes for which he was convicted were giving false information to a public servant contrary to section 114(a) of the Criminal Code and sedition contrary to Section 52(1)(a) of the Criminal Code.

The prosecution, conviction and sentencing was presided over and carried out by Magistrate T. A. Alagbe.

By this appalling act the Gambia Bar Association considers the whole Gambian legal profession and the rule of law to have been tried and convicted by extension.

The Gambia Bar Association unreservedly condemns the judgment delivered by Mr Alagbe and considers it to be an assault on the independence of the profession, as well as a malicious attack on the independence of the bar.

It is a universally accepted principle of all civilized societies that an advocate must be allowed to represent his or her client without fear or favour. In this instance, the charges against Mr Richards related to a letter he had written to the Sheriff of the High Court in the course of his duties as a lawyer, and while under the direct instructions of his client.

The letter made reference to the executive branch of the government. Mr Richard’s client appeared in court and swore under oath that he did indeed instruct Mr Richards to write the said letter. These are the ‘crimes’ for which Mr Richards is being punished.

Once again, The Gambia is portrayed as a nation where the mere mention of the Office of the President is risky. The Gambia Bar Association urges the executive branch of the government to take note, while its name is used to drive a wedge between the State and the people.

This judgment is a violation of all known principles that seek to protect and safeguard the integrity of the profession, as well as uphold the human rights and dignity of the citizen.

This judgment sets a dangerous precedent that will once more smear the international reputation of The Gambia, and yet again further weakens the already failing Gambian legal system.

The Gambia Bar Association calls on the Executive branch of Government to pay heed to the Legal Sector that has recently taken a severe bludgeoning by the forces of corruption and incompetence.

There is no doubt that such a judgment would not have been delivered in any other regional Commonwealth nation, especially Nigeria the native land of Mr Alagbe.

The Gambia Bar Association decries this latest battering of the constitution and the rights of all citizens. We call on the Government of the Gambia to step in and protect its citizens …

We call on the government of The Gambia to intervene in the public degradation of the constitution…. we call on the government of the Gambia to free Moses Richards!

The Gambia Bar Association will no longer stand by while these atrocities are carried out in our country against our people by those who would not dare act in such a manner in their country of origin.

The bar hereby puts all relevant authorities on notice that the Gambia Bar Association will actively seek the institution of disciplinary action against Mr Alagbe in Nigeria, and will do the same to all other foreign lawyers that seek to visit terror and humiliation on Gambians.

We once more openly invite the Executive to dialogue in the interest of all our brothers and sisters.