Social Security Boss’ Economic Crime Case Struck Out

Acting Principal Magistrate has struck out the criminal case of Mr. Edward Graham, former Managing Director of Social Security and Housing Finance Corporation (SSHFC) accused of economic crime after the state insisted to withdraw the charges.

Mr. Graham, barely few minutes before entering in the dock was facing four charges of economic crimes; for directing the payment of D880, 250.00 without necessary collaterals and on terms detrimental to the economy of The Gambia.

“We are not objecting” said Madam Bensouda, defense for the accused “and I would like to commend the prosecutor for that.”

Mr. Graham was discharged by the Banjul Magistrates’ Court and his bail bond was given back after the defense applied for his discharge.

Until his discharg no witness has given evidence against Mr. Graham before the court since his appearance in court January 6, 2011. He was denied bail and was remanded until January 20 when he appeared in court, but his lawyer was unable to secure him bail as the investigation was still ongoing.

According to count one of the charge sheet, Edward Graham in 2009 at Banjul corruptly abused his office to writ, directed Home Finance Company Ltd to pay the sum of D880,250.00 to Marie Saine Firdaus without the necessary collateral, contrary to section 5 (g) of the Economic Crimes (specified offences) in Decree 1994.

Count two indicates that on or about September 2, 2010 at Banjul within the jurisdiction of the court, being a citizen of The Gambia caused financial loss to SSHFC, a public body by waiving interest on mortgages in breach of the Housing Finance and Development Corporation Act 2010, contrary to section 5 (a) of the Economic Crimes (specified offences) in Decree 1994.

Count three states that Mr. Graham in 2009 being the Managing Director of SSHFC willfully caused loss to Home Finance Company Ltd, a public body by directing it to grant a loan to Marie Saine Firdaus in a manner and on terms detrimental to the economy of The Gambia, contrary to section 5 (a) of the Economic Crimes specified offences in Decree 1994.

Count four added that Marie Saine Firdaus in 2009 at Banjul, being a citizen of The Gambia collaborated with Edward Graham, Managing Director of SSHFC to intentionally and corruptly obtain the sum of D880, 250.00 from Home Finance Company Ltd in a manner and on terms detrimental to the economy of The Gambia, contrary to section 5 (h) of the Economic Crimes specified offences in Decree 1994.

Jabang Village Headman Defends

The headman of Jabang village has told the Banjul Magistrates’ Court that he did not give false information to Moses Richards.

Pa Ebrima Colley was continuing testimony on Thursday at Banjul Magistrates’ Court in the sedition and false information trial involving Moses Richards, a defense lawyer.

A former High Court Judge, Moses Richards, is alleged to have written a deceiving letter on behalf of Jabang village to the Sheriff of High Court in Banjul, indicating that Office of the President ordered a stay of execution of a court order to conduct an eviction exercise in the village.

However, the alkalo of Jabang who said it was the sheriff who instructed him to secure the services a lawyer to write a letter, insisted that defended Moses Richard’s actions.

“As a result of writing a letter, your lawyer is now charged before this court with giving false information and sedition. Now I want you to tell magistrate whether you give false information to your lawyer,” a senior defense lawyer, Antouman Gaye quizzed the village head.

And Pa Colley replied: “I stand by the content of the letter because I told him everything that he has written.”

The magistrate at this point intervened and told the defense lawyer that it is left for the court to decide.

 “Don’t you think it is premature to jump into a conclusion?” the magistrate asked counsel Gaye, who insisted that the question was right and that the magistrate’s decision in the end will be based on facts.

 Continuing his evidence, Mr. Colley informed the court that the incident that took place was reported in the newspapers. “Can you recall any particular newspaper?” defence asked.

“Yes,” he said, “It was published in Daily Observer”

According to him, he bought a copy of the paper and kept it as it was an unforgettable incident.

The newspaper story headlined: ‘Three arrested at Jabang Village’ on  Monday June 11, 2007 was tendered.

Mr. Colley said Ma Abdou Jammeh, Ousman Senghore and Amadou Colley were some of victims whose properties were damaged in the eviction exercise in 2007. He said they lost their monies too, but cannot remember how much it was.

Under cross-examination, the state counsel asked the witness if the Sheriff was trying to help him when he asked him to secure a lawyer.

 “It is possible that he wanted to help me,” replied the witness.

“And he warned that if you don’t write the letter within three days, there will be execution,” the state counsel asked further. But the village head clarified that the Sheriff did not tell him that he has three days, but rather, it was Pa Harry Jammeh, the solicitor General.

He admitted that the accused person wrote the letter to stop the execution of judgment when the state counsel.

The trial resumes Thursday, April 28.

Retired Civil Servant Testifies in Social Security Boss Theft Case

A retired civil servant, Ruth Sowe who claimed that the former Social Security boss stole the sum of D652, 250.00 from her testified as first prosecution witness on Thursday at the Banjul Magistrates’ Court before Taiwo Ade Alagbe.

 Mr. Graham, Social Security managing director who is on bail of D1Million is accused of stealing the sum of D652, 250.00 (six hundred and fifty-two thousand, two hundred and fifty dalasi) being the property of Mrs. Ruth Sowe sometimes in 2009.

He denied the allegation.

According to the witness she did not know the accused very much but recognized him. “We spoke twice on telephone. The first call was about the proposed meeting between me and him to discuss the way forward about a property in dispute,” she said.

The property, she said is at 16 Kairaba Avenue and is owned by his aunt who was so close to the accused person. “They were like mother and son,” she adduced, adding that the proposed meeting never took place as she told him that she will need her lawyer. “The accused too said he will refer it his lawyer”

Mrs. Sowe further told the court that she told the accused that she will wait for the outcome of the suit that the accused has taken against her when the he (accused) proposed for another meeting.

The defense at this juncture informed the court about what the accused was charged with by reading it to the court. She said the witness was referring to a judgment that the High Court has already given. “All facts and matters prior to that judgment, this court cannot make those findings,” she said

Bensouda said the fact that the criminal case does not give the prosecution to make findings that of the High Court.

The objection was however overruled by the magistrate.

When witness started giving evidence the magistrate told the prosecution that the case be adjourned as the witness was giving evidence that was different from the charges.

Before the adjournment, the defense brought to the notice of the prosecutor that the jurisdiction of the Banjul Court stops at Denton Bridge. “The property if at 16 Kairaba Avenue, why is the case in this court,” she asked, adding that it should have been preferred at the Kanifing Court.

Ex-Lawmaker, Soldier’s Drug Case Proceeds

The drug trial involving an ex-National Assembly member and a former military personnel will tomorrow proceed with the testimony of the latter.

Dawda Manneh, a former ruling party parliamentarian for Nianija constituency and Demba Baldeh, a former soldier were allegedly found in possession of over 9 kilograms of cannabis, an illicit drug they intend to traffic.

Both pleaded not guilty to the two counts: drug trafficking and conspiracy.

The trial that began since 2008, but faced some stalemate is now coming closer to end.

The former lawmaker on Wednesday completed his testimony before magistrate Taiwo Ade Alagbe of the Banjul Magistrates’ Court.

He denied having had knowledge of the cannabis in his vehicle. The cannabis, he said, belongs to his co-accused, Demba Baldeh, he lifted in his vehicle at Brusubi up till .. where they were arrested.

When Demba was asked to open defense on Wednesday, his lawyer urged the court to adjourn the case for her to familiarise herself with the matter.

The trial continues on April 28.

Trader Fatajo Found Guilty

Karamo Sainey Fatajo, a trader at Albert Market in Banjul, yesterday dissolved into tears after he was declared guilty of ‘breaching the peace’ for saying that that the neighbouring Senegal will attack Gambia.
The atmosphere that greeted the conviction of Mr Fatajo was a sorry one. Grief-stricken family members and other sympathysers who hoped relief at the end of the four-month long trial, could not hold-back their tears. 
Later, they helplessly looked-on as their loved one, a family bread-winner was being escorted to remand at Mile 2. He will be held under the custody of the state until today when the sentence will be handed-down.
Mr Fatajo was arrested December 2010 at the Albert market in Banjul when Mr Musa Babanding Ceesay, a fellow trader reported him to the police and other state authorities, including the then Secretary General and Head of Civil Service, Dr Njogu Bah.
He is said to have told fellow traders at the market that ‘Senegal will attack Gambia,’ thereby breached the peace. His alleged comment came in the wake of a recent diplomatic row between Senegal and Gambia over alleged Gambia-bound controversial arms shipment impounded in Nigeria from UN-sanctioned Iran when Gambia branded Senegalese president as enemy.    
Despite denying the charge and allegation of uttering the said words, the presiding magistrate in Banjul claimed that he has enough evidence to convict Mr Fatajo.
Magistrate Taiwo Ade Alagbe agreed with Mr Musa Babanding Ceesay’s tesmony in court that Mr Fatajo did say that ‘Senegal will attack Gambia.’
“I was shocked when the defense said that Mr Fatajo was exercising his right to freedom of expression,” he said, adding that comment could lead to disarray.
According to the magistrate, issues of national topics should not be discussed in public places such as a market.
“Certainly the convict has learned his lesson that he will not discuss sensitive and political matters in public,” said lawyer Mboge, in pleading with the court to exercise mercy on his client.
Mr Fatajo is the bread-winner of his family, who has none but him alone to depend on for their survival, Mboge told the magistrate, whose decision on what penalty Mr Fatajo will face, will be known today.

‘Ex-Minister Sambou Unaware of Execution Order in Jabang

Although in control at the time, Mr Ismaila Sambou, the sacked minister for Local Government and Lands wasn’t aware of the execution order that was carried out in Jabang village in 2007, Banjul Magistrates’ Court heard yesterday.
Alkalo Pa Ebrima Colley was continuing his evidence as defense witness no.2 in the trial of fired High Court Judge, Moses Richards, who is accused of giving false information and sedition. 
“Ismaila Sambou said he was not aware of the court order, but ordered me to go to my village and calm my people down,” he testified.
He said all this happen when a young man called Ndow and some Police Intervention Unit personnel came to his village in 2007 and evicted the villagers from their homes and threw their belongings out.
“I was at work when this happened but I telephoned the Paramount Chief of the Gambia, Demba Sanyang and informed him about the development,” he said, noting that the Paramount Chief ordered him to go straight to the village.
He said when he told Ndow that his village was not aware of any suit against them, Ndow told him that “I’m having a court order and will do what I’m told.”
He added that the then chief justice Abdou Karim Savage instructed Ndow to stop the execution and to return to the office.
Pa Colley added that it was in the evening that the then Director of NIA visited the eviction scene and assured them that nothing will happen as the president has given an order that nobody should do anything that will create problem.
He added that the then NIA Director asked him to take photographs of the incident.
Trial resumes tomorrow.

Trade Minister Resigns

The recently appointed Minister of Trade, Regional Integration and Employment has resigned from his post according to a statement aired on state TV, GRTS, last evening.
It was stated that the president has accepted his resignation letter on powers invested on him. The letter stated that “Your Excellency it is with big protest and sadness and I hereby tender my recognition from the post. This is a purely for personal and professional reasons.”
Abdou Salam Secka was appointed last month replacing Abdou Colley who was sacked together with works and construction Minister, Yusupha Kah
Prior to his appointment, Secka was the Executive Director of The Gambia Chamber of Commerce and Industry (GCCI) up to the time of his appointment as trade minister.
Meanwhile, the president has reinstated Abdou Colley as the Minister of Trade, Regional Integration and Employment with effect from April 19.
Abdou Kolley was sacked from the same post in March and no reason for his sacking was advanced.