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Tuesday 24 March 2009

Halifa Sallah speaks



Foroyaa: Your arrest, detention and release have been very dramatic could you help our readers to have a clear understanding of what happened?


Halifa: My arrest, detention and release is not about me. It is about the sovereignty and welfare of the people which is the cornerstone of our Right to self determination and independence.

Foroyaa: The second charges against you which replaced the first chargers made reference to your attempt to incite people against government policy on the screening of witches. How is this related to what you are saying?
Halifa:
You know as much as I do that I am an opponent of the government and reserve the right to put alternative policies before the people. This is what multi party system is all about. No one can possibly break a law by putting an alternative policy before the people. I am not aware of any Law or government policy on the screening of witches. I therefore did not campaign against a policy or law which were unknown to Gambians. They reserve the right to make allegations but I reserve the right to rebuttal of these allegation. I would like the people to move away from the allegations of the government and focus on my concerns and intentions.
Foroyaa: What are those concerns?
Halifa:
The President in particular and all citizens in general are to uphold and defend the constitution.” Section 220 of the Constitution which spells out the duties of a citizen states that every citizen shall “uphold and defend the Constitution.”
I have been repeating over and over again that “the sovereignty of the Gambia resides in the people. Section 1 subsection (2) of the Constitution indicates that organs of government must derive their authority from the people and their powers are to be exercised to promote the welfare and prosperity of the people.

I came to the conclusion that the sovereignty of the person is meaningless if he or she could have his or her freedom of movement restricted by strangers and his/her liberty ceased by abductors. Sovereignty means the possession of a will to move about freely without being subjected to any arbitrary arrest, detention or any form of servitude.
In my view, any interference with the privacy of the home of a person who has not committed any crime; any restriction imposed on the person to bar him/her from moving freely throughout the Gambia in lawful pursuits, any seizure of liberty and forceful attempts to transport a person to a destination against his or her will; make a person drink hallucinogenic concoctions and their subjection to inhuman and degrading treatment constituted gross violation of the Constitution of the Gambia.
Initially I could not get any indication from the government that they were behind the abductions. I considered it my duty to bring the happenings to the awareness of the government through a petition after the collection of all the facts with the intention to bring the misery and insecurity of the victims, the potential victims and their families to an end. I did not act hastily. I had consulted with many prominent personalities, civic and religious leaders before I took further steps. I was arrested on 8th March while fulfilling the mission of a sovereign citizen of a sovereign Republic. I made it very clear to those who detained me that I would rather be a prisoner of the state than to be the prisoner of my own conscience. I was taken to court on Wednesday 11th March. The 25th of March was set for the commencement of the trial. The bail conditions made it impossible for me to be released on bail. Hence I was remanded in custody at the maximum security wing of the central prisons at Mile 2. I had no access to visitors until I reminded the prison authorities that as a former social welfare officer I was acquainted with the Prison Act and rules and that I had a right to visitors. This was confirmed on Monday 16 March but because of the bureaucracy the message could not reach my wife and friends until Wednesday 18th March. On Thursday 19th March 2009 I had a visit in the morning to enable me to prepare my grounds of appeal regarding the bail conditions. By afternoon I was moved from the prisons. I was informed at Banjul Police Station that the first charges were to be withdrawn and replaced with second charges. I was driven to Brikama Magistrate Court. On 19th March 2009 the Director of Public Prosecutions, Mr. Richard N. Chenge stood up to announce that they have decided to withdraw both the old and new charges in the interest of peace and justice.

Foroyaa: What next?
Halifa: I am investigating whether the Abductions have stopped or not. The fundamental objective is to see to it that the abductions and inhuman treatment of the people are put to a stop. I am open to receive any information regarding such abductions and maltreatment. I will be writing to the President and the Attorney General to investigate whether there is a written government policy on the screening of witches as implied in the second charge sheet. I will keep the public informed.

Foroyaa: Are you going to seek the support of anyone?

Halifa: This is a non partisan issue. It is a matter of social justice. I am a public figure and my duty is to amplify the concerns of the people to ensure redress. One does not invite people to carryout their duty to their country in the context of their times. Each has to make his or her own personal decision. As far as I am concerned my right and duty to defend the sovereignty and welfare of the people is inviolable and non negotiable.