Ports Authority Dismisses Reports

 

The Gambia Ports Authority no 2 has dismissed  reports that the ramp at the Banjul ferry terminal is not working. But he admitted that they sometimes use trucks to bring the ramp down when the ferry is about to anchor.
“If the ramp was not working then we could not get the Kanilai ferry running. All I know is that Barra and Johe developed problems which we are trying to sort out.”
Mr. Abdourahman Bah who was reacting to the reports that the ramp in Banjul is faulty said: “So why the noise over this thing. If Kanilai is working and people are crossing what is the problem then.”
According to him, the spare parts are not available in The Gambia and they had to order it from Europe by air.
Bah assured that the engineers and electricians are doing everything possible to meet the demand of their passengers by mending the two ferries whose parts have already been imported.
“Nature is nature”, he said, making reference to the 8.9 magnitude earthquake in Japan.
Meanwhile, passengers at the Banjul terminal have expressed dissatisfaction with the ports authority as they wait for hours to cross to and from Barra.
A group of Gambia High School students found at the terminal disclosed that they were at the terminal since 9am in the morning when this reporter approached them at 12:30.
“We are going for an excursion and there is only one ferry plying,” one of the students lamented.
Other students who board the ferry from the north bank every day to come to school said they have no other option, but to use the small canoes which they said is very risky and costly. “We join the small canoes and pay 20 dalasi each, because we don’t want to be late for classes.”
According to one Yankuba Njie, a  canoe owner near the terminal said the breakdown of the two ferries have earned him a lot of income these days as passengers who cannot wait for the only ferry board his canoe.
“I arrived at the terminal at 10am and found that the Kanilai, the only ferry had already left. We have been here for three hours and the ferry is nowhere to be found.”
“Kanilai which used to be the fastest of all the ferries is very slow nowadays as it spends more than an hour in the sea,” he said.
Jojo Joof who spoke to this reporter immediately she disembarked from a canoe said she had to join the canoe as there was one ferry which she said takes more than one hour before it anchors.

Fired Judge’s Controversial Case Resumes Today

Sacked High Court Judge, who is now a private legal practitioner, is today expected to defend himself against the sedition and false information charges pressed against him by the state.
This development came as the state closed its case on Wednesday following the testimonies of two witnesses; Joseph Agbor Effim, the Sheriff of the High Court, and Ebrima Jatta, a drug enforcement officer.
Moses Richards is standing trial at Banjul Magistrates’ Court for allegedly falsely informing the Sheriff of The Gambia High Court that president Yahya Jammeh has ordered the stay of execution of the writ of possession in a particular civil suit.
When the trial resumed last Wednesday, the state witness no.2, in the person of Ebrima Jammeh, a National Drug Enforcement Agency (NDEA) officer told the court he was instructed to invite the accused to their office regarding the saga.
The cautionary statement Mr Jammeh said to have obtained from Moses Richards was tendered as evidence in court by the director of Special Litigation, Deniel O Kula.
Meanwhile, Richards had made a name for himself as a no-non-sense and straight forward adjudicating officer throughout his time as a magistrate in various parts of the country and as the first judge of the newly created Special Criminal Division of High Court, designed to ‘exclusively preside over capital offences.’
He was dismissed in April last year for unexplained reasons following which he started practicing as a private legal practitioner.   
His ‘unwarranted arrest’ on December 30, and prosecution has triggered controversy in the judiciary. Even the unspeaking Gambian bar is forced to speak-out and mounted a seemingly unproductive three-day sit-down strike demanding their colleague to be freed.  
“Legal practitioners in The Gambia, as is the case worldwide, are privileged and protected when acting in their professional capacity on behalf of their clients, for the obvious reason that it is in the public interest that Legal Practitioners are able to represent their clients properly, and discharge their duties without fear of being arrested and prosecuted for doing so,” Mr Sheriff Tambedou, president of Gambian bar had said.

DPP to Produce Original Case Files of Soriba Condeh

The Deputy Director Public Prosecution (DPP) has been ordered to produce the original case files of Soriba Condeh, pw1 despite his squabble that they do not have the said documents to be tendered by the defense in the trial of Ensa Badjie and Ali Ceesay charged for corruption and drug related charges.
 The Judge accepted paragraph 1 of the defense but rejected paragraphs 2 and 3 of the file notice application for the state to produce the original copies.
The Ex-IGP and ASP Ali Ceesay are facing multiple criminal charges ranging from robbery, aiding prisoners, abuse of office, drug related charges among others at the Special Criminal Court before Justice Ikapala.
Allegations they strongly denied.
The DPP earlier told the court that the defense laid no sufficient particulars in the file application. He said he did not know the station the files are and that there are a lot of Soriba Condeh’s in the country.  “This is fake. We don’t have the documents”, he said while urging the court to strike out the notice application.
The defense in reacting to the prosecution’s objection said the prosecution had led evidence in court with testimony of Soriba Condeh, Fatou Mendy and Tony who all admitted that Soriba was arrested, released on bail and the case file was sent to the Serrekunda Police station.
“Paragraph 1 is making reference to the case files”, he said, adding that nothing can be more of reference than the police dairy.  “This is the highest degree of exact truth that the defense can apply for”.
He said the prosecution should produce the original files and if they don’t the defense will tender theirs as evidence.
“The DPP should not be disturbed if he cannot lay hands on the originals,” the defense said, “because we have the photocopies”
The case is adjourned to march 21st for continuation.

ACHPR Commission Condemns the Use of Force in Libya

Musa Ngary Bittaye, commissioner at the African Commission for Human and People’s Rights has condemned the use of force by Libyan authorities against the anti-government protesters.
Bittaye who is also a legal practitioner made these remarks to this reporter at the Banjul Magistrates’ Court shortly after the trial of the ex- High Court Judge, Moses Richard.
The ACHPR, he said has expressed a grave concern over the situation in some North African countries recently at their 9th extra ordinary session held in Banjul.
According to him, all organs of the AU are monitoring the situation very closely in terms of protecting the human rights of its citizen and right to peaceful protest.
“We very much regret the use of force on any peaceful demonstration of any of state parties of the African Union,” he said.
“Peaceful assembly, freedom of expression and access to information are all rights of freedom that are guaranteed under the African Charter on Human and Peoples Rights of which all state signatories to charter should meet their obligation under the charter,” Bittaye added.
Mr. Bittaye however, declined to comment when asked to elaborate on the current situation of human rights in The Gambia.
 He said he can only comment on the countries he is in charge of which are: Ghana, Sierra Leone, Nigeria, Mauritius and Zimbabawe.
 “The basic principle as a commissioner, you don’t make comments about your country. A fellow commissioner is responsible for the Gambia. I am not allowed to say anything about The Gambia, because of what is call incompatibility,” he explained.
Commissioner Bittaye stressed that the fundamental rights of citizens, rule of law are crucial fundamental pillars in which democracy and progress is built by the state parties that subscribe to protection of fundamental rights and freedom of its citizens.
“The mandate that the AU gave the Africa Charter is promotion and the protection of its citizens and that has to be respected,” he said.
He said the charter has now got its own court decision.

“Authorities prove that I was innocent”

The former police chief, Ensa Badjie has told the court that the authorities proved that he was innocent after a report was issued to them in 2007 when Soriba Condeh initially tried to implicate him.

"The allegations against me was investigated by the NIA and the Major and serious Crime Unit but reports show that I was innocent" Ensa said

The ex-Inspector General of Police and CSP Ali Ceesay are facing 15 counts ranging from robbery, aiding prisoners, abuse of office, drugs and related charges. They denied the charges.

Making the revelation before justice Ikapala of the Special Criminal Division the High Court in Banjul, Ensa told the court that Benedict Jammeh never revealed to the cx-CDS Lang Tombong Tamba for him to be arrested.

"Pw1 said in court that Benedict Jammeh warranted for your arrest but ex-CDS said you should not be arrested" his lawyer inquired.

"That is a lie" Ensa said "pw1 is only annoyed with me because I arrested him and he was prosecuted"

Badjie further revealed to the court that he has never told Soriba and his team to plead guilty neither has he anything to do with their escape.

He added that pw1 lied in court when he said he (Ensa) will provide a lawyer for them in 2007.

Ensa posited that he has never purchased cutter or any other items as pw1 alleged in his testimony for numerous breaking they committed in the Greater Banjul Area.

"I never gave them cutter or any other tool for criminal operations or to break into any supermarket," he said

"pw1 said you arrested him with a bundle of cannabis weighing five kilos" his lawyer inquired further, but Ensa vehemently denied it adding that he has on no account planned with pw1 to confiscate cannabis seized by state for his personal interest

The former police chief also denied buying alcohol for pw1 or running any bar with Tony (pw5) "It is against my religion" he said

Badjie refuted assigning pw1 to break into a bank and also facilitating a taxi for the save.

He added that he never told Soriba to abscond when Ebrima Suma was arrested.

He also denied asking Dodou Janneh (pw9) to his to help him count D300, 000 in his office adding that Dodou was only a volunteer "I am more educated than Dodou so why would I invite him to help me count" Ensa said.

"All I know" he said," is that he committed murder and I arrested him and he was prosecution and sentenced to death" Badjie said.

When asked by counsel if anything had transpired between him, 2nd accused and pw1, Ensa said one day while in mile 2 "when pw1 return from the NIA to the prison he met me at the verandah around no 7 ward and there he told me that Pa Harry Jammeh and Director General of NIA Numo Kujabi…"

Before he could finish the statement the Director of Public Prosecution objected to the statement. He said that portion was never mentioned by pw1 in court.

The defense in reaction said the objection was misconceived. He said pw1 is a witness who has testified before the court adding that the witness is narrating what the pw1 told him.

He added that he is laying a foundation in connection with the allegation levelled against the 2nd accused person while urging the court to overrule the DPP objection.

The judge in his ruling rejected the evidence of Ensa Badjie. He said he did not at anytime heard the prosecution witnesses mentioned Pa Harry Jammeh and DG NIA.

Imam Affirms Efry Mbye, Rongo’s Smear Campaign

Banjulinding Central Mosque Imam Monday affirmed Efry Mbye and Momodou Jarjue alias Rongo’s smear campaign against alkalo Eric Tundeh Janneh of Banjulunding.
Both Efry Mbye, a praise singer, and Rongo, a musician are renowned artists, who have been identified as staunch supporters of the ruling APRC regime.
Fresh charges pressed against them revealed that they gave false information to a public officer, made and uttered false documents and conducted in a manner conducive to the breach of the peace – a total of four counts.
In detail, Efry and Rongo, in 2010 lied to the local government ministry and Office of the President that alkalo Eric Tundeh Janneh is disuniting the people and grabbing the lands.
They have also claimed to be council of elders of Banjulinding, falsely uttered petition letters to the Office of the President and Pa Malick Faye, managing director of Observer Company and conducted meetings with the people of Banjulinding in a manner likely to cause the breach of the peace. Both pleaded not guilty.
However, Imam Yahya Bah, who testified on Monday before Magistrate Taiwo Ade Alagbe in Banjul, said the letter written by accused persons triggered dispute in the village.
Imam Bah said it was indicated in the said letter that the Alkalo Janneh does not treat the villagers equally as a result of which the alkalo and some village elders were invited for talks at the Office of the President.
After the meeting, he explained, alkalo convened a meeting with the elders of the village to inform them about the meeting at the Office of the President.
But Malang Badjie, a villager and others wrote to the secretary general, Office of the President pretending to be the council of elders and youth committee of the village, condemning the alkaloship of Eric Tunde Janneh.
According to him, both the village elders and accused persons were invited for discussions at National Drug Enforcement Agency office where both parties agreed to resolve the problem among them. 
The case resumes March 16.

Female Lawyer’s Association the Gambia, Statement on International Women’s Day 2011.

 

Every year, the 8th of March is dedicated to the celebration of women’s successes, achievements, and accomplishments in all aspects of human development. This year marks the 100th anniversary of International Women’s Day. The day was commemorated for the first time on 19 March 1911 in Austria, Denmark, Germany and Switzerland, following its establishment during the Socialist International meeting the preceding year. More than one million women and men attended rallies on that first commemoration.
In 1975, during International Women’s Year, the United Nations began celebrating 8 March as International Women’s Day. Two years later, in December 1977, the General Assembly adopted a resolution proclaiming a United Nations Day for Women’s Rights and International Peace to be observed on any day of the year by Member States, in accordance with their historical and national traditions.
Why dedicate a day exclusively to the celebration of the world’s women? In adopting its resolution on the observance of Women’s Day, the General Assembly cited two reasons: to recognize the fact that securing peace and social progress and the full enjoyment of human rights and fundamental freedoms require the active participation, equality and development of women; and to acknowledge the contribution of women to the strengthening of international peace and security. For the women of the world, the Day’s symbolism has a wider meaning: It is an occasion to review how far they have come in their struggle for equality, peace and development. It is also an opportunity to unite, network and mobilize for meaningful change. International Women’s Day is the story of ordinary women as makers of history; it is rooted in the centuries-old struggle of women to participate in society on an equal footing with men.
Few causes promoted by the United Nations have generated more intense and widespread support than the campaign to promote and protect the equal rights of women. The Charter of the United Nations, signed in San Francisco in 1945, was the first international agreement to proclaim gender equality as a fundamental human right. Since then, the Organization has helped create a historic legacy of internationally agreed strategies, standards, programmes and goals to advance the status of women worldwide.
The United Nations identifies a global theme every year, and this year, the UN theme is “EQUAL ACCESS TO EDUCATION, TRAINING AND SCIENCE AND TECHNOLOGY: PATHWAY TO DECENT WORK FOR WOMEN”.
The Constitution of The republic of the Gambia 1997, guarantees the right to equal educational opportunities and facilities for all persons. To that effect, it provides that basic education shall be free, compulsory and available to all. It also provides that secondary education shall be generally accessible to all and higher education accessible to all based on capacity, with a view to progressively realise free education for all at all levels.
In addition Section 26 of the Women’s Act 2010 specifically guarantees to women the right to basic education and training for self development. Subsection (2) in particular imposes specific obligation on Government in pursuance of the right guaranteed in subsection (1) as follows;
“(2) Pursuant to subsection (1), the Government shall take all appropriate measures to-
(a)   eliminate all forms of discrimination against women and guarantee equal opportunity and access in the sphere of education and training;
(b) eliminate all stereotypes in textbooks, syllabuses and the media, that perpetuate such discrimination;
(c)   protect women,  especially  the  girl-child from all forms of abuse, including sexual harassment in schools and other educational institutions and provide for sanctions against the perpetrators of such practices;
(d)   provide access to counselling and rehabilitation services to women who suffer abuses and sexual harassment;
(e)  integrate gender sensitisation and human rights education at all levels of education curricula, including teacher training;
(f)     promote literacy among women;
(g)   promote education and training for women at all levels and in all disciplines, particularly in the fields of science and technology; and
(h)   promote the  enrolment  and retention of girl-children in schools and other training institutions and the organisation of programmes for women who leave school prematurely.
It would seem that there is indeed an adequate legal framework in The Gambia to address the concerns raised in the theme for this year’s International Women’s Day. The Women’s Act as highlighted earlier imposes an obligation on government to promote education and training for women at all levels and in all discipline, particularly in the field of science and technology. These laws recognise the fact that education and training are essential preconditions and key to emancipation of women. With the relevant skills and know how, including scientific skills, women will be better prepared to face the challenges of the modern world, and thus contribute to nation building on an equal footing with men. The world today is confronted with multi faceted and complex crisis, ranging from economic, environment, security and national disasters, and men and women should be adequately prepared and trained to meet the challenges posed by such crisis. Government must however note that the educational obligations in the relevant sections of the Women’s Act are legally enforceable, and that compliance is mandatory.
In a dramatic and ground-breaking decision, the ECOWAS Community Court of Justice in Abuja has declared that all Nigerians are entitled to education as a legal and human right.
The Court ruled that the right to education can be enforced before the Court and it dismissed all objections brought by the Federal Government (FG), through the Universal Basic Education Commission (UBEC), that education is “a mere directive policy of the government and not a legal entitlement of the citizens.”
The ECOWAS Court’s decision, made public on 19 November 2009, followed a suit instituted by the Registered Trustees of the Socio-Economic Rights and Accountability Project (SERAP) against the Federal Government and UBEC, alleging the violation of the right to quality education, the right to dignity, the right of peoples to their wealth and natural resources and to economic and social development guaranteed by Articles 1, 2, 17, 21 and 22 of the African Charter on Human and Peoples ‘ Rights. This was the first time an international court had recognised citizens’ legal right to education, and sends a clear message to ECOWAS member states, that the denial of this human right to millions of African citizens will not be tolerated.  
Here in The Gambia, the realities on the ground are a far cry from the aspirations of the Constitution and the Women’s Act. Even though the Constitution provides that basic education is compulsory, it is obvious that this provision is not being enforced in The Gambia. Even though the education statistics indicates an increase in enrolment ratio, there are still pockets of communities, in both the urban and rural areas, where children, especially the girl-children, are denied access to any form of education. The retention of girls at the upper basic, senior secondary and tertiary levels still remains a challenge due to a number of factors including early and forced marriages, teenage pregnancy, poverty, and preference for continued education of boys at the higher level. The theme for this year’s celebration should therefore pose a challenge for us to go beyond the rhetoric of the law and ensure actual implementation of the obligations enshrined in the Constitution and other relevant laws. Laws cannot serve any useful purpose unless they are effectively implemented.
International Women’s day is indeed both a day to celebrate and a day to draw attention to the challenges that remain before gender equality is truly attained.