IMF Completes the Fifth Review Under Gambia’s PRGF Arrangement and Approves a US$8 Million Disbursement

Press Release

The Executive Board of the International Monetary Fund (IMF) completed today the fifth review of The Gambia’s economic performance under the three-year Poverty Reduction and Growth Facility (PRGF) arrangement.

The completion of the review enables The Gambia to draw immediately an amount of SDR 5.11 million from the IMF (about US$8 million) bringing total disbursements to SDR 18.22 million (about US$28.6 million).

The Executive Board also granted a waiver for the nonobservance of an end-March 2009 structural performance criterion to make the credit reference bureau operational.

The PRGF arrangement became effective February 21, 2007, for a total amount of SDR 14million (about US$22 million).

The fourth review was completed on February 18, 2009. The Executive Board’s decision on the fifth review was taken on a lapse of time basis.

The Executive Board takes decisions under its lapse of time procedure when it is agreed by the Board that a proposal can be considered without convening formal discussions.

Islamic Talk: Salat and its virtues

Abdullah-bin- Umar (Radhi Allaho anho) narrates that he heard the Prophet (Sallallaho alaihe wasallam) saying: "Islam is founded on five pillars :bearing witness that their is no god but Allah, and Muhammad (Sallallaho alaihe wasallam) is His servant and apostle; establishment of salat; paying zakat; perfoming of Hajj; and fasting in the month of Ramadan."

The Prophet (Sallallaho alaihe Wasallam) has compared Islam to a canopy resting on five supports. The Kalimah is the central support and the other four pillars of Islam are, so to say, the remaining four supports one of each corner of the canopy. Without the central support, the canopy cannot possibly stand, and if anyone of the corner supports is missing, a collapse will result in the defective corner. Now let us judge for ourselves how far we have kept up the canopy of Islam. Is there really any pillar that is being held in its proper place?

The five pillars of Islam mentioned in this hadith signify the most essential duties of a Muslim. Although a Muslim cannot do without any of them, yet salat in Islam occupies a position next only to Imaan. Abdullah bin Masood ((Radhi Allaho anho) says: Once, I inquired of the Holy Prophet (Sallallaho alaihe Wasallam), which act (of man) was the dearest to Allah. The Prophet replied, "salat".

Mullah Ali Qari (Rahmatullah alaihe) quoted this hadith in suport of the belief that salat is the most important religious duty after Imaan. This is further corroborated by a hadith, in which te Holy Prophet (Sallallaho alaihe Wasallam) is reported to have said: "Salat is the best of all that has been ordained by Allah."

Abuzar (Radhi Allaho anho) narrates that once the Holy Prophet (Sallallaho alaihe Wasallam) came out of his house. It was autumn and the leaves were falling off the trees. He caught hold of a branch of a tree and its leaves began to drop in large number. At this he remarked, 'O Abzar Radhi Allaho anho) when a Muslim offers his slat to please Allah, his sins are shed away from him just as these leaves are falling of this tree."

Abu Hurairah (Radhi Allaho anho) narrates that once the Prophet (Sallallaho alaihe Wasallam) asked his companions, "Do you believe that dirt can remain on a person bathing five times a day in a brook runnng in front of his door?' 'No' replied the companions, 'No dirt can remain on his body.' The Prophet (Sallallaho alaihe Wasallam) remarked : 'So, exactly is similar is the effect of salat offered five times a day. With the Grace of Allah, it washes away all the sins."

Jabir (Radhi Allaho anho) narrates that he heard the Prophet (Sallallaho alaihe Wasallam) saying: "The likedness of five times daily salat is as the likeness of a deep brook running in front of the door of a person who bathes there in five times a day."

Running water is generally free from dirt, and the deeper it runs the cleaner and purer it is. A bath in such water surely removes dirt from the body and makes it clean. Salat offer with due regard for its essentials likewise cleanses the soul of all sins. There are several hadiths of the same meaning, though with slight variations in expressions, narrated by different companions of the Prophet (Sallallaho alaihe Wasallam).

Abu Saeed Khudri (Radhi Allaho anho) narrates that he heard the Prophet (Sallallaho alaihe Wasallam) saying:"Each of the five salats expiates the sins committed since the salat preceding it. To explain, let us take this case of a person working in a factory. His job is such that his body is covered with dust. But there are five streams of running water in between the factory and his house and, on his return from the job, he takes a bath in each stream. The effect of five times daily salat s quite similar. Any sins of omission and commisson between two salats are forgiven on account of 'Istighfar and Taubah in each salat."

The Prophet (Sallallaho alaihe Wasallam) through such parables, aims at impressing that salat has the wonderful power of removing the sins. If we fail to avail of Allah's mercy, surely we ourselves are the losers.

To err is human. We are likely to commit innumerable acts of displeasing Allah and deserve thereby His wrath and punishment, but look how relenting our dear Allah is! He has most graciously shown us the way to earn His mercy and forgiveness. It is a great pity if we do not avail of this great favour. Our Allah is always eager to show us His mercy on very small grounds. It is said in a hadith that if a person goes to bed with the intention of getting up for Tahajjud, and perchance does not wake up, he recieves the full reward for Tahajjud, although he has been enjoying his sleep at of Tahajjud. How boundless is the grace of Allah and what a tremendous loss and deprivation if we do not receive blessing from such a Giver.

Huzaifa (Radhi Allaho anho) says that, whenever the Prophet (Sallallaho alaihe Wasallam) happened to face any difficulty, he would at once resort to salat.

Salat is a great blessing of Allah. To resort to salat the time of worry is ti hasten towards His mercy, and when Allah's mercy comes to rescue, there can remain no trace of any worry. There are many traditions concerning this practice of the Holy Prophet (Sallallaho alaihe Wasallam). Similar was the practice of his companions, who followed him in the minutest detail.

Abu Darda (Radhi Allaho anho) says: "Whenever a strong wind blew, the Prophet (Sallallaho alaihe Wasallam) would immediately enter the mosque and would not leave until the wind had subsided. Similarly, at the time of sular or lunar eclipse, the Prophet (Sallallaho alaihe Wasallam) would at once start offering salat. Sohaib (Radhi Allaho anho) was informed by the Prophet (Sallallaho alaihe Wasallam) that all the previous apostles of Allah (peace be upon them) also use to resort to salat in all adversities.

Ibne Abbas (Radhiallaho anho) was once on a journey. Oh his way, he got the news of the death of his son. He got down from his camel and offered two rakaat of salat praying in Tashahud for a long time. He then recited Inna-Lillahi-wa-inna-ilaii-rajeun' and, said " I have done what Allah has ordered us to do in his Holy Book ie.: "Seek Allah's help with patience and salat." (II: 45). Another similar story is narrated about him. He was on a journey when he received the news about the death of his brother Qusum. He descended from his camel by the road side, and performed two rakaats of salat and kept praying in Tashahhud for a long time. After finishing his slat, he rode his camel reciting the following verse of the Holy Qur'an: Seek Allah's help with patience and salat and truly it is indeed hard except to the humble minded.

When Abada (Radhiallaho anh) was about to breathe his last, he said to the people around him, " I prohibit one and all from crying over me. When my soul departs, I ask everyone to perform abulution observing all its essentials, and go to the mosque and pray for my forgiveness, because our Gracious Allah has enjoined on us to 'seek help with patient and salat' After that, lay me down in the pit of my grave.

Nadhr (Radhiallaho anho) narrates: "Once it became very dark during the day in Madina. I hurriedly went to Anas (Radiallaho anho) to know if he had ever experienced similar conditions during the life time of the Holy Prophet (Sallallaho alaihe Wasallam). He said to me, "Maazallah! During those blessed days, whenever the wind blew strong, we would hurry to the mosque lest it should be the approach of the Last Day.

Abdullah-bin- Salam (Radhiallaho anho) narrates that whenever the members of the Prophet's family were hard-pressed in any way, the Prophet (Sallallaho alaihe Wasallam) would enjoin upon them to say salat, and would recite the following verse of the Qur'an: "And enjoin salat upon thy people and be thyself constant therein. We ask not of thee to provide sustenance. We provide it for thee. And the Hereafter is for the righteousness." XX: 132)

It is said in a hadith that when somebody is confronted with a need, whether pertaining to this life or the Hereafter, or whether it concerns Allah or a mortal, he should perform a perfect abulution, offer salat of two rakaats, glorify Allah, then ask blessings for the Prophet (Sallallaho alaihe Wasallam) and then pray: There is no go save Allah- the Clement - the Bountiful. Glorified be Allah, the Lord of the tremendous throne. Praise be to Allah, the Lord of the worlds. I ask Thee all that leadeth to Thy Mercy and deserveth Thy forgiveness. I ask Thee abundance in all that is good and refugee from all is evil. Leave me no sin but Thou pardonest it, and no distress but Thou removes it, and no need but Thou fulfillest it. O most Merciful of those who show mercy!"

Salat is a tremendoud asset. Besides pleasing Allah, it often gets us deliverence from the calamities of this life and provides us with tranquility and peace of mind. Ibn-Sirin writes: " If I be allowed to choose between paradise and salat of two rakaats, I would prefer salat. The reason is quite clear. Paradise is for my own pleasure while salat is for the pleasure of my dear Lord." The Holy Prophet (Sallallaho alaihe Wasallam) has said: "Enviable is the lot of that Muslim who is with least encumberance, whose main fortune is salat, who remain content with humble provision throughout his life, who worships his Lord in a dutiful manner, who lives a nameless life and who dies an early death, with very little to bequeath and very few to mourn him." In another hadith, the Holy Prophet (Sallallaho alaihe Wasallam) is reported to have said: "Offer your salat at your homes quite frequently so that these may be blessed with Allah's Grace and Mercy.
To be continued next week.

Culled from Faza'il-E-A'maal.

Pls take a moment and sign this petition

Dear All,

The GPU-USA has launched another petition calling for the immediate release of the six innocent Gambian journalists unjustly convicted and sentenceed by the criminal regime of Yahya Jammeh. Please take a moment to read and sign the petition by clicking on the link below. And please distribute this petition as widely as possible. Thank you.

http://www.petitiononline.com/gpuus809/petition.html


Released on behalf of GPU-USA

Baba Galleh Jallow
Secretary General

GPU CONDEMNS CONVICTION, IMPRISONMENT OF SIX JOURNALISTS

The Gambia Press Union vehemently condemns the conviction, jailing and heavy fines, today of six Gambian journalists, three of whom are members of the Union Executive, Emil Touray; secretary general; Sarata Jabbi Dibba, vice president and Pa Modou Faal, treasurer; Pap Saine and Ebou Sawaneh, The Point’s publisher and editor respectively; And Sam Sarr, editor, Foroyaa newspaper.

The group have been convicted of all six counts and sentenced to two years imprisonment without the option of a fine for four of the counts and fined each 250,000 Dalasis (about US$10,000) on the other two counts, failure to pay, they will serve two years for each count.

Today, August 6 marks one of the darkest days in the history of the Gambian judiciary, where a judge of the High Court, Justice Emmanuel Fagbenle, despite Constitutional guarantees to Freedom of Expression, an independent judiciary and despite a weak and senseless prosecution effort, has allowed himself, to be used openly and publicly by the Executive to further enforce its reign of terror.

The pain and trauma inflicted on these gallant journalists and their families, the Union and its membership by the state authorities and a legal system geared towards bolstering tyranny and oppression is unimaginable. Yet, we are hopeful that in a regional and world community that respects and promotes the ideals of freedom of expression, good governance and democratic principles, the freedom and rights of our colleagues will be guaranteed.

The Union will immediately launch an appeal in The Gambia Court of Appeal, for one reason and one reason alone. It is the only institution that can overturn the decision of the High Court.

In a similar manner and for the fact that we have no faith in a flawed Gambian judicial system that demonstrates open bias, we shall simultaneously seek redress through the African Commission for Human and People’s Rights and the ECOWAS Community Court of Justice. At this point it is also worthy to mention that at least on two occasions whilst the trial was ongoing, the head of state, President Yahya Jammeh issued direct threats to journalists and others “hiding behind freedom of expression”.

Our Constitutional and international guarantees to freedom of expression aside, we find this and other procedural flaws enough grounds for appeal.

The fact that the case, from the onset should have been heard at the Criminal Division of the High Court, which never happened, is still a cause for concern
Today’s Court decision only confirms our claims that the Gambian judiciary is being used to bolster State-supported tyranny and oppression. We call on the Judicial Service Commission and the Gambia Bar Association to defend the Constitutional mandates of the Courts and the Judiciary in its entirety.

Gambian journalists and the Union have been at the forefront of challenging unconstitutional measures geared towards stifling freedom of expression, media and other constitutionally and universally guaranteed freedoms and rights.

We are also among the very few Gambian voices on the ground speaking out against impunity, constitutional and human rights violations and other State engineered governance inconsistencies with the hope of getting the Gambian people and the attention of the international community to ensure accountability, transparency, good governance and respect for human rights.

For this, we continue to pay a high price. We face unnecessary harassment, intimidation, protracted and mostly irrelevant Court cases, unfair convictions, exorbitant fines, closure of media houses, exile, the risk of disappearance and in the case of Deyda Hydara, victims of targeted killings.

The GPU reiterates its call for a Gambia where every citizen is free to openly express themselves and participate in debates geared towards national development without fear of State retaliation.

This is call for every Gambian to enjoy their rights as Guaranteed and stipulated by the 1997 Constitution, Article 9 of The African Charter on Human and People’s Rights and Article 19 of the Universal Declaration of Human Rights. We are deemed to be a Sovereign nation, where each and every Gambian is equal before the laws of the land, thus we deem it a travesty of Justice when the custodians of the law, bend the laws to suit the interests of a few.

The Union also wishes to thank the hundreds of individuals and institutions at home and all over the world who have reached out to us in writing, in protest, through the phone and financially at the darkest hour of the Union’s history simply for our exercising our rights as Gambian journalists to express our concerns and to hold the executive accountable to the very Gambians it has sworn to uphold.

Your support is greatly appreciated and has given us the strength and willpower to continue in our quest in search of the truth regarding the death of Deyda Hydara, to continue to demand for the expansion of the space for effective independent media participation and we hope serves as a strong reminder to journalists in The Gambia and elsewhere that speaking the truth and in defence of it at any cost, is as honourable today as it was in the beginning.

As stated earlier and aptly in Court by our two doyens Pap Saine and Sam Sarr, the Gambia Press Union and its members will today more than ever seek to defend the principles of freedom of expression, speak and stand up in defense of the truth and practice our profession in good faith.

The Union also reiterates its call on the Gambia Government to:

·Conduct proper and professional investigations into the death of Deyda Hydra and bring to an end the speculation and counter speculation regarding circumstances surrounding his death;

·Comply with the ECOWAS Court order on the disappearance of Chief Ebrima Manneh;
·Emulate progressive West African and other states by scrapping all the media-related laws regarding sedition and defamation.

·Work towards the drafting and debate of Freedom of Information and Access to Information laws as provided for in Article 66 of the Revised ECOWAS Treaty.
·Evaluate its relationship with the Gambian media and, based on mutual respect, engage in consultations geared towards mapping the way forward for enhancing and strengthening Independent media participation.


Ndey Tapha Sosseh
President

CPJ, RSF condemns the jailing of GPU Six

The Committee to Protect Journalists condemns the highly politicized court verdict against six independent journalists today in the capital of the Gambia, Banjul.

Judge Emmanuel Fagbenle sentenced the journalists to two years in jail and heavy fines on six counts of sedition and criminal defamation, local journalists told CPJ. Failure to pay the fines will lead to an additional two years in jail, according to the Gambian Press Union.

The six journalists, working for two private newspapers—The Point and Foroyaa—had republished a June 11 press union statement criticizing President Yahya Jammeh’s comments regarding the unsolved 2004 murder of Point editor Deyda Hydara. According to the union, the six will be held at Mile Two Prison in Banjul while the defense files an appeal in the Gambian Court of Appeal.

The Gambian Press Union reacted in June to a state-run televised statement made by Jammeh, saying his comments about Hydara were insensitive and calling for a renewed investigation into Hydara’s murder. In another state television appearance last month, Jammeh threatened local independent journalists and referred to them as “rat pieces.” “So they think they can hide behind so-called press freedom and violate the law and get away with it,” Jammeh said. “They got it wrong this time. We are going to prosecute them to the letter.”

“President Jammeh has managed to nail the coffin shut for press freedom in the Gambia by arresting some of the last remaining independent journalists in the country,” said CPJ’s Africa program coordinator, Tom Rhodes. “CPJ condemns this politicized judgment against these six Gambian journalists. Their sentencing reflects a partisan judicial system controlled by the president.”

One of the six convicted, The Point’s managing director, Pap Saine, suffers from a heart condition and is in desperate need of a pacemaker, he told CPJ. Authorities have also revived unrelated charges accusing Saine of publishing false information in a January article about a cabinet reshuffle in the Gambian Embassy in the United States. Another of the journalists, Sarata Jabbi-Dibba, a senior Point reporter and vice president of the press union, has a seven-month-old baby, local journalists told CPJ.

The other convicted journalists are Foroyaa’s managing director, Sam Saar, and assistant editor, Emil Touray; and The Point’s deputy editor, Ebou Sawaneh, and senior reporter, Pa Modou Faal.

Reporters Without Borders condemnation

Reporters Without Borders is appalled by the two-year jail sentences that the Banjul high court passed today on six journalists for alleged sedition and defamation of the government. The six journalists, all leading members of the Gambia Press Union, were immediately taken away to Banjul’s Mile Two prison.

“We will soon run out of words to express our outrage at President Yahya Jammeh’s government and its behaviour towards journalists,” Reporters Without Borders said. “Is it a crime to express an opinion and ask government officials to explain their actions? Appealing for what is regarded as transparency in other countries is a crime punishable by imprisonment in Gambia.”

The press freedom organisation added: “These disgraceful sentences seem like a provocation at time when the US secretary of state is touring Africa to promote good governance. We urge Hillary Clinton to modify her itinerary and make a stopover in Banjul.”

Banjul high court judge Emmanuel Fangbele found the six journalists guilty on six counts including defamation and “seditious publication”. He passed two-year jail sentences on four of the charges and fines of 250,000 dalasis (10,000 US dollars) on the other two counts.

The six journalists were charged in mid-June after issuing a joint statement appealing to President Jammeh to recognise his government’s responsibility in the 2004 murder of leading Gambian journalist Deyda Hydara. They were placed in pre-trial detention in Mile Two prison twice but each time they were then freed on bail.

GPU-USA Condemns Jailing of Six Gambian Journalists

The GPU-USA joins GPU-Gambia, all decent Gambians and the international community in vehemently condemning the unjust convictions inflicted upon six innocent Gambian journalists for merely criticizing the president.

We echo the sentiment that this criminal conviction of the journalists is yet another blatant manifestation of the criminal nature of Gambian president Yahya Jammeh and his criminal coterie of mercenary judges. That such heavy sentences are unjustly imposed on six innocent Gambian citizens is a measure of how low Jammeh will stoop to terrorize the Gambian people and ensure that his politics of insult and impunity go unquestioned and unchallenged.


We call on the governments of the United States, the United Kingdom, France, the European Union, the Commonwealth, the United Nations, and all international human rights and media rights organizations to compel the criminal regime of Yahya Jammeh to immediately release these innocent persons. We also call upon Gambian civil society organizations, especially the Bar Association and opposition parties to do everything in their power to ensure that this criminal act is immediately rescinded. To the Gambia Armed forces, we say that your duty to protect the security and integrity of the Gambian nation demands that immediate action be taken to stop the further criminalization of the Gambian state by Yahya Jammeh and his criminal thugs parading as judges from Nigeria.


Down with Yahya Jammeh!


Down with injustice and oppression!


Long live the forces of truth and justice!


Long live The Gambia!


Signed on behalf of GPU-USA



Baba Galleh Jallow

Secretary General

Gambian Journalists Jailed

by PK Jarju

The six Gambian journalists who were standing trial on various charges ranging
from conspiracy to publish seditious publication, publishing seditious publication, conspiracy to commit criminal defamation and criminal defamation have all received a two year mandatory jail term.


The six journalists- Pap Saine, Sam Sarr, Ebrima Sawaneh, Sarata Jabbie- Dibba, Pa Modou Faal and Emil Touray were found guilty on all charges by Nigerian born Justice Emmanuel Fagbenle.

The six were also ordered to pay a hefty fine of D500,000 (US$20,000) or serve an extra four year jail term.

Find below the details of their sentence:

Count 1 - 2 year prison term.
Count 2 - A fine of Dalasis 250,000 (US$10,000) or a two year prison term
Count 3 - A fine of Dalasis 250,000 (US$10,000) or a two year prison term
Count 4 - 2 year prison term
Count 5 - 2 year prison term
Count 6 - 2 year prison term.


The sentences run concurrently.

Breaking News: GPU Six found Guilty

The High Court in Banjul presided over by Justice Emmanuel Fagbenle have found six Gambian journalists guilty.

The six journalists- Pap Saine, Sam Sarr, Ebrima Sawaneh, Sarata Jabbie- Dibba, Pa Modou Faal and Emil Touray were found guilty on on various charges ranging from conspiracy to publish seditious publication, publishing seditious publication, conspiracy to commit criminal defamation and criminal defamation.
More details to follow soon.

GPU Six to learn their fate tomorrow

Six Gambian journalists currently standing trial on various charges ranging from conspiracy to publish seditious publication, publishing seditious publication, conspiracy to commit criminal defamation and criminal defamation will have to wait until tomorrow morning to learn their fate.

The much anticipated verdict on the State vs GPU Six was supposed to be passed this morning but was later deferred to tomorrow by the presiding judge, Justice Emmanuel Fagbenle.

Addressing the court, Justice Fagbenle said he haven't finished preparing his ruling as he had to look at issues raised by the prosecution and the defense. He therefore adjourned the case till tomorrow.

Meanwhile, I have been reliably informed that the High Court was sealed off to the public by armed officers of the Police Intervention Unit. Only family members of the accused where allowed entry into the court room.

Verdict expected today on GPU Six

Justice Emmanuel Fagbenle of the High Court in Banjul will this morning deliver his judgement on the State vs GPU Six.

By PK Jarju

The six journalists Ebrima Sawaneh, Pap Saine, Sarata Jabbie-Dibba, Pap Modou Faal, Bai Emil Touray and Sam Sarr are standing trial on various criminal charges ranging from conspiracy to publish seditious publication, publishing seditious publication, conspiracy to commit criminal defamation and criminal defamation.

If found guilty, the journalist will be liable to hefty fines or sentence to a minimum of six to one year in prison with hard labour or both.

The director of public prosecution, Richard N. Chenge in his address to the court last week, urged the court to convict the six journalist on the ground that the Gambia Press Union's rejoinder to President Jammeh which the accused persons published in their newspapers was seditious material.

He added that sedition in law is anything that punishes publication that is made with intent to bring the government into hatred, ridicule and contempt. He adduced that for some body to publish in the papers to be read in the whole world is a motive of insinuating the President of killing the late Deyda Hydara, whom he said, has large followers in the Gambia and abroad.

He noted that if some body can do that, there is no doubt that he is inciting trouble in the Gambia so that followers of Deyda Hydara can get up and make trouble.

The prosecution stressed that the freedom of speech guaranteed under the 1997 constitution of the Gambian is not absolute, but restricted in the interest of public safety and national interest.

In response, Lamin Camara who is representing Ebrima Sawaneh, Pap Saine, Sarata Jabbie-Dibba, Pap Modou Faaland Bai Emil Touray urged the court to acquit and disharge his clients on the grounds the prosecution have failed to prove its case beyond reasonable doubt.

Foroyaa Editor, Sam Sarr, who represented himself also urged the court to acquit and discharge him.

Court Urged to Acquit and Discharge GPU Six

As the High court in Banjul set Wednesday August 2009 for judgment, Mr. Lamin S. Camara Lawyer for the accused six journalists charged with sedition, defamation and conspiracy on Monday 3 August 2009 told the High Court presided over by Justice Emmanuel Fagbenle to acquit and discharge the accused persons as the prosecution has failed to prove their case beyond reasonable doubt.

Defense Counsel Camara argued that the prosecution’s submission are inconsistent, pointing out that the assertion that the accused persons are all members of the Gambia Press Union is inaccurate. He further said evidence before the court has not proven that the accused persons are responsible for the publication of the alleged seditious publication.

Camara also said the director of public prosecution told the court that the accused persons conspired among themselves and therefore committed an offense. “This analysis by the prosecution is misconstrued, since there is nobody among them who said so,” he said, adding that the accused persons have proven their innocence, and there is no burden of proof by the prosecution.

Camara argued that the accused persons have denied the conspiracy charges and seditious publication in exhibit A and B contained in the Point and Foroyaa Newspapers.

He said Pap Saine and Sam Sarr denied being members of GPU due to their position as media chiefs who can only be advisers, as opposed to the evidence of the prosecution and their witnesses.

Camara stated that : “Exhibit (I) to (L) have shown to this court that their names of the accused persons are not found anywhere; and that they are the authors of the article. “This evidence is corroborated in material particular by Pw3 who said he extracted it from the accused persons. Pw2 confirmed to the court that the accused are not the author of the articles which were extracted from their emails.

“My Lord the lowest professional experience of the accused persons is seven years and the highest is thirty-nine years. They all have looked at exhibit A and B and stated loudly and clearly that it is not stated anywhere in this alleged publication that the President and the government of the Gambia have a hand in the killing of journalists Deyda Hydara.And this material evident is corroborated by Pw3 before the court, who also confirmed to the court that it is not stated anywhere that the president and the government are responsible for the killing of Deyda Hydara.

“It is particularized that the president and government of the Gambia are being defamed and that the President and the government are being intended to brought into hatred, contempt, or incitement,” Camara said. He added by quoting PW3 as saying: “My opinion is not contained in the alleged publication.” According to Camara, the court is compelled to go into a fishing expedition to find where it is stated that the President and the government are responsible for the killing of Deyda Hydara.

He further noted that evident of the document of defence number 6 exhibit A, B and C has not been controverted by exhibit A and B, being a reply to exhibit C. “The interpretation given to exhibit A and D by the prosecution is a erroneous as it is not controverted,” argued the defense counsel.

Camara also pointed out that the rhetoric question before the court is that the prosecution denied all the charges beyond reasonable doubt and that the evidence given by the prosecution witnesses are inconsistent, incredible and unreliable and the documentary evidence tendered are at best circumstantial.

Further addressing the court, Camara argued that Exhibit (I) to (L) have no value to the charges before the court, noting that: “exhibit (I) does not contain attachment of any publication,” citing the words of Ndey Tahpa Sosseh in the email tendered as exhibit(I) saying: “my apology, am not sure if the attachment came through.”

Going further, he said “the Prosecution has also referred to exhibit (J) but has failed to tell the court that there is a might of minds meet or conspiracy theory. He quoted Exhibit J, an email communication extracted from Sarata’s email addressed to Ndey as follows: “Ndey, Emil said let me ask you to drop the statement and he will call you tonight.”

He said this communication has been reechoed in exhibit E and there is nowhere in exhibit E that the first and the forth are part of the legal enterprise.

Counsel Camara also made reference to the GPU press release containing its letter head with the “headline GPU Reacts to President Jammeh’s statement,” noting that: “this is a GPU letterhead and there is nowhere where the email addresses of the accused persons are present.”

Camara upheld that the prosecution’s case on count one to four has failed as there is no evident before the court about an illegal enterprise of meeting of minds for any illegal enterprise as alleged director of prosecution- Mr Richard N. Chenge. Buttressing further, Camara said to reach conspiracy to commit criminal defamation, the prosecution has to establish a cooperative value in their objection, which he said are absent in exhibit E- relating to admissibility, citing section 31(1& 2) to back his arguments. Furthermore, he said: “there is nowhere in exhibit C and H that the agents took cautionary statement from the accused persons which is a condition for admissibility of the accused person,” making reference to the case of the State versus Jetayal Mballow, to back up his argument. He pointed out that the agents have failed in their statutory responsibility of taking cautionary statement of the accused persons and this is provided for by the accused persons in the case of Tijan E.. Bah who was called to witness the recording of the accused cautionary statements and was not called as a witness. Camara therefore submitted that the prosecution cannot abrogate or reprobate is misconceived. “Whether the prosecution tendered probative value of the content before the court is not sub-judicious,” he said.

Camara cited that accused person’s number 1, 2,3,4,5 and 7 have said they were not told of their arrest and were not allowed access to legal practitioner or family member or been informed of their rights to legal representation at the time of their detention, making reference to section 19 of the 1997 constitution, chapter four, concerning the protection of fundamental rights and freedom which are entrenched provisions of the constitution as follows: “Any person arrested shall be informed of his/her right to legal person, and shall be informed within three hours of the reason for his arrest and his right to consult a legal practitioner,” Camara adding “this law is mandatory as evident in the word shall. He said the evidence of the accused persons are not controverted by the prosecution submission that exhibit C to H were taken in violation of their rights.

He further said Exhibit A and B contained that very subject matter before the court and the offenses charged stated that only one paragraph is both seditious and defamatory to the person of the President and the government, outlining that “even the prosecution has doubted that the alleged publication is defamatory and seditious.”

Camara cited other authorities as a back up that the publication is not seditious and defamatory. He went further: “for a statement to be defamatory the written material must be looked at and nothing outside it.

Going further, he said: “to whether the written words are seditious or not other circumstances including public feeling at the time of the publication must be looked at. He said the paragraph cited by the prosecution is not enough to prove that the statement is seditious or defamatory. He argued that “not a single person of the readership has testified to state that the publication is capable of, and intended to bring into hatred, contempt or disaffection to the person of the President and government of the Gambia.

Camara also distinguished earlier evidence by the prosecution in his address relating the case to that of Lamin Waa Juwara, an opposition politician who was jailed for six months, in a prosecution led by the Mr Emmanuel Fagbenle, while current Chief Justice Emmanuel Agim was the director of public prosecution at the time. Camara said “Lamin Waa Juwara was charged with seditious intention and not defamatory publication as in this particular case.

Sam Sarr’s submission
In his submission, Sam Sarr Managing editor of Foroyaa newspaper who is representing himself associated himself with submission of the defense counsel.

He said “in this issue of freedom of expression arise in this trial section 25 subsection 1, paragraph A which state that every person shall have the right to freedom of expression which shall include freedom of the press and other information media. He described freedom of expression as a corner stone of democracy. He added that the section is further strengthened by section 207 which among others states that “the freedom and independence of the press and other information media are hereby guaranteed.”

The Foroyaa editor upheld that “there must be free flow of information and ideas which enable people to make informed choices and strengthen democracy.

He said the section requires the media to uphold the principles, provisions, and the objective of the constitution of the Gambia and the responsibility of the government for the people of the country. “This give rights to the press and the responsibility to scrutinize the executive.”

Sam said the press release referred to in this case signifies holding government accountable to the people as stipulated under the aforesaid section. He said the press release is an opportunity to reflect and comment on the preoccupation of public interest. Sarr submitted that the opportunity for the GPU’s request for publication, having regard that they had already published the interview of the President, and that this is bond out of exhibit 6B. He said “for any evidence it is clear that I had given all and sundry the opportunity of free debate, the very core of the concept of democracy.

He said it also evident that he is guided in his job as editor in a professional manner to ensure a divergent views and dissenting opinion. “It's evident that in my testimony I publish all views fit for publication. It is not the role of a publisher or editor of a newspaper to merely publish opinion that have been forwarded for publication, but to make the newspaper accessible to all views when it comes to the right to reply. Sam said he would have failed in his constitutional mandate and very unprofessional to prevent the GPU press release from publication, hence denying the GPU President her right to reply. He upheld that there is no evidence whatsoever shown by the prosecution before the court that the press release said the President and the government are responsible for the death of journalist Deyda Hydara.

He also among others asserted that non of the accused persons confirmed to the court or has been proven before this court to have conspired with him, as alleged by the prosecution and their witnesses, and therefore called on the court to acquit and discharged him accordingly.

The state Prosecution Richard Chenge was the centre of laughter when he rose and argued that the defense counsel cited authorities from Nigeria, saying the Nigerian and Ghanaian laws are not the same with that of the Gambia. He was however reminded by the court that he himself cited authorities in Nigeria during his address. Chenge however continued to insist while the whole courtroom laughed at him trying to find ways of making points against the defense as he continued.

Presiding judge adjourned the case to Wednesday 5 August 2009 for a historic judgment.

Sha'ban: Merits, Do's, and Dont's

By Mufti Taqi Usmani

Sha'ban is one of the meritorious months for which we find some particular instructions in the Sunnah of Prophet Muhammad, Sall-Allahu alayhi wa sallam. It is reported in the authentic ahadith that Prophet Muhammad, Sall-Allahu alayhi wa sallam, used to fast most of the month in Sha'ban. These fasts were not obligatory on him but Sha'ban is the month immediately preceding the month of Ramadan. Therefore, some preparatory measures are suggested by Prophet Muhammad, Sall-Allahu alayhi wa sallam. Some of these are given below:

1. The blessed companion Anas, Radi-Allahu anhu, reports that Prophet Muhammad, Sall-Allahu alayhi wa sallam, was asked, "Which fast is the most meritorious after the fasts of Ramadan?" He replied, "Fasts of Shaban in honor of Ramadan."

2. The blessed companion Usama ibn Zaid, Radi-Allahu anhu, reports that he asked Prophet Muhammad, Sall-Allahu alayhi wa sallam: "Messenger of Allah, I have seen you fasting in the month of Sha'ban so frequently that I have never seen you fasting in any other month." Prophet Muhammad, Sall-Allahu alayhi wa sallam, replied: "That (Sha'ban) is a month between Rajab and Ramadan which is neglected by many people. And it is a month in which an account of the deeds (of human beings) is presented before the Lord of the universe, so, I wish that my deeds be presented at a time when I am in a state of fasting."

3. Ummul Mu'mineen 'Aishah, Radi-Allahu anha, says, "Prophet Muhammad, Sall-Allahu alayhi wa sallam, used to fast the whole of Sha'ban. I said to him, 'Messenger of Allah, is Sha'ban your most favorite month for fasting?' He said, 'In this month Allah prescribes the list of the persons dying this year. Therefore, I like that my death comes when I am in a state of fasting."

4. In another Tradition she says, "Prophet Muhammad, Sall-Allahu alayhi wa sallam, would sometimes begin to fast continuously until we thought he would not stop fasting, and sometimes he used to stop fasting until we thought he would never fast. I never saw the Messenger of Allah, Sall-Allahu alayhi wa sallam, fasting a complete month, except the month of Ramadan, and I have never seen him fasting in a month more frequently than he did in Sha'ban."

5. In another report she says, "I never saw the Messenger of Allah, Sall-Allahu alayhi wa sallam, fasting in a month so profusely as he did in the month of Sha'ban. He used to fast in that month leaving only a few days, rather, he used to fast almost the whole of the month."

6. Ummul-Mu'mineen Umm Salamah, Radi-Allahu anha, says: "I have never seen the Messenger of Allah fasting for two months continuously except in the months of Sha'ban and Ramadan."

These reports indicate that fasting in the month of Sha'ban, though not obligatory, is so meritorious that Prophet Muhammad, Sall-Allahu alayhi wa sallam, did not like to miss it.

But it should be kept in mind that the fasts of Sha'ban are for those persons only who are capable of keeping them without causing deficiency in the obligatory fasts of Ramadan. Therefore, if one fears that after fasting in Sha'ban, he will lose strength or freshness for the fasts of Ramadan and will not be able to fast in it with freshness, he should not fast in Sha'ban, because the fasts of Ramadan, being obligatory, are more important than the optional fasts of Sha'ban. That is why Prophet Muhammad, Sall-Allahu alayhi wa sallam, himself has forbidden the Muslims from fasting one or two days immediately before the commencement of Ramadan. The blessed Companion Abu Hurairah, Radi-Allahu anhu, reports Prophet Muhammad, Sall-Allahu alayhi wa sallam, to have said, "Do not fast after the first half of the month of Sha'ban is gone."

According to another report Prophet Muhammad, Sall-Allahu alayhi wa sallam has said: "Do not precede the month of Ramadan with one or two fasts."

The essence of the above-quoted ahadith is that Prophet Muhammad, Sall-Allahu alayhi wa sallam, himself used to fast most of the month of Sha'ban, because he had no fear of developing weakness or weariness before the commencement of Ramadan. As for others, he ordered them not to fast after the 15th of Sha'ban for the fear that they would lose their strength and freshness before Ramadan starts, and would not be able to welcome the month of Ramadan with enthusiasm.

The Night of Bara'ah

Another significant feature of the month of Sha'ban is that it consists of a night which is termed in Shariah as "Laylatul-bara'ah" (The night of freedom from Fire). This is the night occurring between 14th and 15th day of Sha'ban. There are certain traditions of Prophet Muhammad, Sall-Allahu alayhi wa sallam, to prove that it is a meritorious night in which the people of the earth are attended by special Divine mercy. Some of these traditions are quoted as follows:

1. Ummul-Mu'mineen 'Aishah, Radi-Allahu anha, is reported to have said, "Once Prophet Muhammad, Sall-Allahu alayhi wa sallam, performed the Salah of the night (Tahajjud) and made a very long Sajdah until I feared that he had passed away. When I saw this, I rose (from my bed) and moved his thumb (to ascertain whether he is alive). The thumb moved, and I returned (to my place). Then I heard him saying in Sajdah: 'I seek refuge of Your forgiveness from Your punishment, and I seek refuge of Your pleasure from Your annoyance, and I seek Your refuge from Yourself. I cannot praise You as fully as You deserve. You are exactly as You have defined Yourself.' Thereafter, when he raised his head from Sajdah and finished his salah, he said to me: 'Aishah, did you think that the Prophet has betrayed you?' I said, 'No, O Prophet of Allah, but I was afraid that your soul has been taken away because your Sajdah was very long.' He asked me, 'Do you know which night is this?' I said, 'Allah and His Messenger know best.' He said, 'This is the night of the half of Sha'ban. Allah Almighty looks upon His slaves in this night and forgives those who seek forgiveness and bestows His mercy upon those who pray for mercy but keeps those who have malice (against a Muslim) as they were before, (and does not forgive them unless they relieve themselves from malice).'"

2. In another Tradition Sayyidah' Aishah, Radi-Allahu anha, has reported that Prophet Muhammad, Sall-Allahu alayhi wa sallam, has said, "Allah Almighty descends (in a manner He best knows it) in the night occurring in the middle of Sha'ban and forgives a large number of people more than the number of the fibers on the sheep of the tribe, Kalb."

Kalb was a big tribe the members of which had a very large number of sheep. Therefore, the last sentence of the hadith indicates the big number of the people who are forgiven in this night by Allah Almighty.

3. In yet another Tradition, she has reported Prophet Muhammad, Sall-Allahu alayhi wa sallam, to have said, "This is the middle Night of Sha'ban. Allah frees in it a large number of the people from Fire, more than the number of the hair growing on the sheep of the tribe, Kalb. But He does not even look at a person who associates partners with Allah, or at a person who nourishes malice in his heart (against someone), or at a person who cuts off the ties of kinship, or at a man who leaves his clothes extending beyond his ankles (as a sign of pride), or at a person who disobeys his parents, or at a person who has a habit of drinking wine."

4. Sayyidna Mu'adh ibn Jabal, Radi-Allahu anhu, reports that Prophet Muhammad, Sall-Allahu alayhi wa sallam, has said: "Allah Almighty looks upon all those created by Him in the middle Night of Sha'ban and forgives all those created by Him, except the one who associates partners with Him or the one who has malice in his heart (against a Muslim)".

Although the chain of narrators of some of these traditions suffers with some minor technical defects, yet when all these traditions are combined together, it becomes clear that this night has some well founded merits, and observing this night as a sacred night is not a baseless concoction as envisaged by some modern scholars who, on the basis of these minor defects, have totally rejected to give any special importance to this night. In fact, some of these traditions have been held by some scholars of hadith as authentic and the defects in the chain of some others have been treated by them as minor technical defects which, according to the science of hadith, are curable by the variety of their ways of narration. That is why the elders of the ummah have constantly been observing this night as a night of special merits and have been spending it in worship and prayers.

What Should be Done in this Night?

In order to observe the Night of Bara'ah, one should remain awakened in this night as much as he can. If someone has better opportunities, he should spend the whole night in worship and prayer. However, if one cannot do so for one reason or another, he can select a considerable portion of the night, preferably of the second half of it for this purpose, and should perform the following acts of worship:

(a) Salah. Salah is the most preferable act to be performed in this night. There is no particular number of Rak'at but preferably it should not be less than eight. It is also advisable that each part of the Salah like qiyam, rukoo' and sajdah should be longer than normal. The longest surahs of the Holy Qur'an one remembers by heart should be recited in the Salah of this night. If someone does not remember the long surahs, he can also recite several short surahs in one rak'ah.

(b) Tilawa. The recitation of the Holy Qur'an is another form of worship, very beneficent in this night. After performing Salah, or at any other time, one should recite as much of the Holy Qur'an as he can.

(c) Dhikr. One should also perform dhikr (recitation of the name of Allah) in this night. Particularly the following dhikr is very useful:

One should recite Salah (durood) on Prophet Muhammad, Sall-Allahu alayhi wa sallam, as many times as he can. The dhikr can also be recited while walking, lying on bed and during other hours of work or leisure.

(d) Dua. The best benefit one can draw from the blessings of this night is prayers and supplications. It is hoped that all the prayers in this night will be accepted by our Lord, insha-Allah. Prayer itself is an 'Ibadah, and Allah Almighty gives reward on each prayer along with the fulfillment of the supplicator's need. Even if the purpose prayed for is not achieved, one cannot be deprived of the reward of the prayer which is sometimes more precious than the mundane benefits one strives for. The prayers and supplications also strengthen one's relation with Allah Almighty, which is the main purpose of all kinds and forms of worship.

One can pray for whatever purpose he wishes. But the best supplications are the ones made by Prophet Muhammad, Sall-Allahu alayhi wa sallam. These are so comprehensive and all-encompassing prayers that all the human needs, of this world and the Hereafter, are fully covered in the eloquent expressions used in them. Actually, most of the prophetic prayers are so profound that human imagination can hardly match their greatness.

Several books in various languages are available which provide these prophetic prayers, and one should pray to Allah Almighty in accordance with them, whether by reciting their original Arabic text or by rendering their sense in one's own language.

(e) There are some people who cannot perform any additional Salah or recitations for any reason, like illness or weakness or being engaged in some other necessary activities. Such people also should not deprive themselves completely of the blessings of this night. They should observe the following acts:

(i) To perform the Salah of Maghrib, 'Isha' and Fajr with Jama'ah in the mosque, or in their homes in case of their being sick.

(ii) They should keep reciting the dhikr, particularly the one mentioned in para (c) above, in whatever condition they are until they sleep.

(iii) They should pray to Allah for their forgiveness and for their other objectives. One can do so even when he is in his bed.

(f) The women during their periods cannot perform salah, nor can they recite the Qur'an, but they can recite any dhikr, tasbeeh, durood sharif and can pray to Allah for whatever purpose they like in whatever language they wish. They can also recite the Arabic prayers mentioned in the Qur'an or in the hadith with the intention of supplication (and not with the intention of recitation).

(g) According to a hadith, which is relatively less authentic, Prophet Muhammad, Sall-Allahu alayhi wa sallam, went in this night to the graveyard of Baqi' where he prayed for the Muslims buried there. On this basis, some of the fuqaha hold it as mustahabb (advisable) in this night to go to the graveyard of the Muslims and recite Fatihah or any other part of the Qur'an, and pray for the dead. But this act is neither obligatory nor should it be performed as regularly as an obligatory act.

What Should Not be Done in This Night
1. As mentioned earlier, the Night of Bara'ah is a night in which special blessings are directed towards the Muslims. Therefore, this night should be spent in total submission to Allah Almighty, and one should refrain from all those activities, which may displease Allah. Although it is always incumbent upon every Muslim to abstain from sins, yet this abstinence becomes all the more necessary in such nights, because committing sins in this night will amount to responding to divine blessings with disobedience and felony. Such an arrogant attitude can invite nothing but the wrath of Allah. Therefore, one should strictly abstain from all the sins, particularly from those mentioned in the Hadith No. 3 quoted earlier in this article, because these sins make one devoid of the blessings of this night.

2. In this night some people indulge in some activities which they regard as necessary for the celebration of the Night of Bara'ah, like cooking some special type of meal, or illuminating houses or mosques, or improvised structures. All such activities are not only baseless and innovated in the later days by ignorant people, but in some cases they are pure imitation of some rituals performed by non-Muslim communities. Such imitation in itself is a sin; performing it in a blessed night like the Night of Bara'ah makes it worse. Muslims should strictly abstain from all such activities.

3. Some people spend this night in holding religious meetings and delivering long speeches. Such activities are also not advisable, because these acts can easily be performed in other nights. This night requires one to devote himself for the pure acts of worship only.

4. The acts of worship like Salah, recitation of the Qur'an and dhikr should be performed in this night individually, not collectively. The Nafl Salah should not be performed in Jama'ah, nor should the Muslims arrange gatherings in the mosques in order to celebrate the night in a collective manner.

On the contrary, this night is meant for worshipping Allah in solitude. It is the time to enjoy the direct contact with the Lord of the Universe, and to devote one's attention to Him and Him alone. These are the precious hours of the night in which nobody should intervene between one and his Lord, and one should turn to Allah with total concentration, not disturbed or intermitted by any one else.

That is why Prophet Muhammad, Sall-Allahu alayhi wa sallam, observed the acts of worship in this night in total seclusion, not accompanied by anyone, not even by his favorite life companion Sayyidah 'Aishah, Radi-Allahu anha, and that is why all forms of the optional worship (Nafl Ibadah), are advised by him to be done in individual, not in collective manner.

Fast of the 15th Sha'ban

On the day immediately following the Night of Bara'ah, i.e. the 15th of Sha'ban, it is mustahabb (advisable) to keep fast. Prophet Muhammad, Sall-Allahu alayhi wa sallam, is reported to have recommended this fast emphatically. Although the scholars of hadith have some doubts in the authenticity of this report, yet it is mentioned earlier that the fasts of the first half of Sha'ban have special merits and Prophet Muhammad, Sall-Allahu alayhi wa sallam, used to fast most of the days in Sha'ban. Moreover, a large number of the elders (salaf) of the Ummah have been observing the fast of the 15th of Sha'ban. This constant practice indicates that they have accepted the relevant hadith as authentic.

Therefore, it is advisable to fast the 15th of Sha'ban as an optional (nafl) fast. One can also keep a fast of qada on this day and it is hoped that he can also benefit from the merits of this fast.

Note: The 15th od Shaban will be on Thursday.

Prosecutor demands conviction in GPU Six trial

The Point

Richard N. Chenge, the Director of Public Prosecution, who is prosecuting the six journalists standing trial on charges ranging from seditious publications, conspiracy to publish seditious publication and criminal defamation, last Friday 31st July 2009, addressed the court packed full of people.

In his address, Mr. Chenge suggested that prosecution have proved its case beyond all reasonable doubt on all charges. He posited that in proving the evidence, the prosecution called three witnesses and the first prosecution witness had tendered the statements of the accused persons, and that there was no objection made for the admission.

He elucidated that prosecution have tendered exhibits A and B (Foroyaa and the Point Newspapers, respectively) and the materials printed from the email boxes of the accused persons, of which the accused persons stated on oath that they actually printed the materials and gave them to the operatives of the NIA. He further told the court that this was never disputed at all.

In drawing the attention of the court to the conspiracy charges, DPP Chenge adduced that the printed material from the email box of Sarata Jabbi-Dibba, (exhibit J), clearly revealed ‘conspiracy’ against the President and government of the Gambia.

DPP suggested that the offence of conspiracy commenced on 10th June 2009, when Ndey Tapha Sosseh, the President of the Gambia Press Union (GPU), sent an email to one Buya Jammeh, and copied the same to Sam Sarr, Emil Touray, Pa Modou Faal and Sarata Jabbi-Dibba.

DPP Chenge told the court that the email was seeking advice from the aforementioned persons for the material marked Exhibit (J). DPP went on to say that a reply then came from Sarata to the GPU’s President, whom he said, is hiding somewhere outside The Gambia.

DPP read to court what the supposed reply contains, which reads: “Hello Ndey, I think we should ignore him.” He added that on the same day, a reply emanated from Ndey Tapha Sosseh informing Sarata “whether she had seen Pap Saine and whether they have a space”.

He said Sarata Jabbi-Dibba informed Ndey Tapha-Sosseh that Pap Saine, said he would see the article and then consult with Ebrima Sawaneh.

According to him, Emil told Sarata that they should drop the statement and he (Emil) will call Ndey at night. He explained that Ndey then wrote to Emil and Sarata that, they should not go to office the following if they so wish.

Persuading the court to accept the evidence, DPP Chenge cited Nigerian Law Report 2002 at the Supreme Court of Nigeria, that concerning conspiracy “there is an agreement going on to commit an offence and the statements tendered corroborated the evidence that there was conspiracy”. He went on to submit that Pa Modou Faal said a press release was sent by Ndey Tapha Sosseh and to some executive members of the union for possible advice, which DPP said corroborated the evidence that the accused are aware of the conspiracy and participated fully.

He again cited 1992- Utteh versus the State and English Ore 1971- Hall in support of his submission.

He said that at the NIA, it was established that the accused persons are members of the GPU, while some are advisers having reached the position of media chiefs.

He said the accused persons never refuted and have never published a rejoinder as members of the GPU, to disassociate themselves from the article.

He submitted that when he asked the sixth accused person whether he disassociated himself from the article, he replied in the negative. He then noted that this means that he ‘agreed’ with the publication.

Submitting on sedition, he suggested that the authority in sedition is locus classical as in the State versus Lamin WA Juwara, Criminal Case 7/03.

He submitted that truth is not a defence in sedition, adding that an incitement is not necessary to prove as in Mensah versus the Republic that there is no need to bring any explicit evidence that the court should look at the publication and come to the conclusion whether there is sedition.

The DPP further submitted that an extract from the article, which he read in court that, “the government of the Gambia and the President cannot be exonerated in the murder and remain suspicious until prove otherwise”.

He maintained that the statement was a reaction to a statement made by the President, of which some accused persons were angered. He submitted that there is clear motive of sedition.

According to DPP Chenge, the freedom of speech guaranteed under the Gambian constitution is not absolute, but restricted in the interest of public safety and national interest.

Mr. Chenge said that sedition in law is anything that punishes publication that is made with intent to bring the government into hatred, ridicule and contempt. He adduced that for some body to publish in the papers to be read in the whole world is a motive of insinuating the President of killing the late Deyda Hydara, whom he said, has large followers in the Gambia and abroad.

He added that if some body can do that, there is no doubt that he is inciting trouble in the Gambia so that followers of Deyda Hydara can get up and make trouble.

He further cited Wanku and the State (1983 in Nigeria) that sedition is not constitutional, adding that “this citation also reflected in Lamin Waa Juwara’s case as it offended is the principles”.

DPP also cited Chicki Obi 1961 (all Nigeria report) as in Lamin Waa Juwara’s case since the status is clear. DPP Chenge further invoked Section 51-(a) and 52 (1) of the CPC to give weight to his suggestions that the prosecution have proven it case. He adduced that the contents of the publication is seditious.

He submitted that “it is a try law that to publish sedition inside a material that is not seditious does not exonerate the alleged accused, hence they went so far to include a crime against the state”.

He said “nobody is saying that the state cannot be criticised, but to go too far as you cannot be exonerated from the murder is seditious.”

He also cited Anagbougu 1954 21-Mgerial report. He submitted that as far as the alleged sedition is not standing but enveloped with other words does exempt sedition.

Submitting on defamation, he submitted that all the argument on sedition applies to defamatory and there is strong motive to carry out defamation. He adduced that an allegation of a crime is actionable per say.

“We don’t need proof of the damage of reputation,” he said. He said that Section 180 sub-section (2) of the CPC states that defamatory needs not to be direct or completely expressed, if can be collected from the circumstances of the publication.

In a final note, he submitted that the entire evidence shows that the prosecution certainly has proved its case on all the counts beyond reasonable doubt and urged the court to convict the accused persons.

Where is Chief Manneh?

Its many years now since Chief Manneh was abducted. Chief is the bread winner of his family and his old man is crying himself to sleep everyday. His family is waiting every day and night for him to come home but his abductors are still holding him to satisfy their desires.
Why? Why? Why for Christ sake?

Chief is an innocent bloke. So gentle that he cannot hurt a fly. Let him go please.

Can anyone break the silence and tell his old father whether his son is alive or death.

Gov't responsible for Kanyiba's disappearance

Gambia’s largest opposition party, the United Democratic Party (UDP), has insisted that the Gambian government is responsible for the missing UDP leader Kanyiba Kanyi.

Reacting to claims by President Yahya Jammeh that his government is not responsible for the missing UDP official, the party's leader, Ousainou Darboe, told PANA here Wednesday that plain cloth security personnel, who identified themselves as National Intelligence Agency operatives, were responsible for the arrest and subsequent detention of Kanyi from his Bonto village on 18 September 2006.

He said the UDP had refrained from making a public statement on the issue because it was before the court.

“It will be irresponsible to do so because the matter is before the court and it is a matter of (regret) that the President, who should be the pacesetter in observing basic rules, has used the occasion of the celebration of a military ov erthrow of a democratically-elected government to make unsavory remarks on Kanyiba and his tribe,” Darboe said.

He explained that Kanyi was arrested along with his brother, Wandifa Kanyi, by the NIA, and the two brothers were taken to the premises of the NIA.

Darboe said that Wandifa was released from the custody of the NIA on 19 September 2006, while Kanyiba was not.

He said the UDP official was arrested and detained to keep him out of circulation during the 2006 presidential election campaign, because he (Kanyi) was a formidable youth mobilizer.

The UDP leader also said former Interior Minister Babucarr Jatta had accepted responsibility for ordering the arrest of Kanyiba and Ousman Jatta.

PANA

Gambia press freedom worst in W.Africa -watchdog

Attacks on press freedoms in Gambia are the worst in West Africa, a press watchdog said on Wednesday amid mounting criticism of the country's case against six journalists charged with sedition and defamation.

Seven journalists were held last month following a statement by the Gambia Press Union which was critical of the government's treatment of journalists, particularly after the unexplained killing of veteran reporter Deyda Hydara in 2004.

Charges against one journalist were dropped last week and the remaining six are being tried having been granted bail.

"Repressive legislation, arbitrary arrests and generalised fear - nothing is spared the country's few independent journalists," Jean-Francois Julliard, secretary-general of watchdog Reporters Without Borders, said in a statement. "The press freedom situation in Gambia is the most serious by far in all of West Africa ... Daring to express an opinion or criticise the authorities is immediately regarded by the government as an attempt to besmirch the country's image."

The journalists, who are facing a total of six charges linked to sedition and criminal defamation, appeared in Banjul's high court on Wednesday.

Those arrested include three members of the Gambian Press Union, two reporters from The Point Newspaper and two journalists working for Foroyaa Newspaper. One of the journalists for The Point, Pap Saine, also reports for Reuters.

A previous charge of false publication against Saine, which had been dropped in April, was re-opened and then dropped again this week.

The Vienna-based watchdog International Press Institute (IPI) also reiterated its call for the journalists' release.

Rights groups frequently accuse Gambia of clamping down on the press and media freedom watchdogs say the death of Hydara has never been properly investigated by Gambian authorities.

They accuse authorities of using threats, arbitrary arrests and torture against journalists in the tiny west African country best known as a tourist destination for Europeans.
REUTERS

Dalasi & Butut:strong>Dalasi Strengthens Against Dollar on Forex

The Gambia’s local currency was stable against the greenback on the interbank market but gained against the US currency on the parallel market this week. On the interbank market, the local currency was quoted at D26.63 against the dollar but was up by 73 bututs against the UK Pound to close at D43.00 and appreciated by 12 bututs against the Euro to D37.38. Against the CAF Francs, the local currency lost D1 and was quoted at D275.

On the parallel market, the Dalasi appreciated by 12 bututs against the US Dollar to D26.63 but depreciated by 15 bututs against the UK Pound and was quoted at D43.35. the local currency also lost 60 bututs to the Euro to close at D37.30 but posted a 4 bututs appreciation against the CFA Francs to close the week at D274.

Trading on the international currency market the US Dollar was upbeat against the Euro, the Pound and the Yen. The greenback was up by 1.25 per cent against the Pound to $1.60 and appreciated by 2.21 per cent against the Euro. The dollar also exchanged hands against the Japanese Yen at Y92.50 following a gain of 0.22 per cent.




Instruments Post Declines

Treasury instruments traded on the floor of the Central Bank of the Gambia moved southwards this week. The 91-Day Bill dropped 41 basis points from 12.18 per cent and is currently quoted at 11.77 per cent while the 182-Day Bill was also re-rated downwards by 38 basis points from 12.62 per cent and is trading at 12.24 per cent.

Towards the longer-dated arm of the market, the 1-Year Note shaved off 50 basis points. The Note, which was quoted at 14.85 per cent closed this week at 14.35 per cent.

Company News
Skye Gets CBG Nod
Skye Bank Gambia Limited, a subsidiary of Skye Bank (Nigeria) Plc, has been issued a license to conduct business in the Gambia by the Central Bank of the Gambia, according to a press release issued by the Banking Regulator. The license brings to thirteen (13) the number of commercial banks operating in the Gambia.

72 ministers in 15 years

As the years goes by, it is becoming increasingly difficult to remember the names of Gambians who have served the AFPRC/APRC regime of Yahya Jammeh in various ministerial positions since he came power in a bloodless coup.

by PK Jarju

A year hardly goes by without a secretary of state losing his/her job. Since July 22, 1994 a total number of 72 ministers/secretaries of state have served President Jammeh in various portfolios.

Out of the 72, 66 ministers/secretaries of state were sacked from their respective positions by President Jammeh. Four secretaries of state, Momodou Lamin Jobe, Joseph Henry Joof, Ann Therese Ndong-Jatta and Edward Singhatey resigned their posts.
Satang Jaw retired from her position as secretary of state for Education on health grounds.

Sanna Sabally, vice President of the AFPRC and Sadibu Haidara, minister for the Interior were arrested in January 1995 and jailed for allegedly trying to overthrow Jammeh. Sabally was released after completing his prison term while Haidara never made it out. He died in prison from 'high blood pressure' according to the state media.

Finance minister, Bakary Bunja Darbo fled the country after being implicated in the November 11,1994 alleged coup plot. His successor, Ousman Koro Ceesay died in 1995 a few days before the budget speech in a freak car accident. Many have accused the regime of having a hand in his murder.

Find below the full list.

1. Badjie, Ousman
2. Badjie, Fatim
3. Bah, Samba
4. Bajo, Lamin Kaba
5. Bensouda, Amie
6. Bensouda, Fatou
7. Bitaye, Musa
8. Bojang, John P.
9. Bojang, Momodou
10. Ceesay, Ebrima
11.Ceesay, Momodou Nai
12.Ceesay, Ousman Koro (killed)
13.Ceesay, Sulayman Massaneh
14.Cesay-Marenah, Kumba
15.Cham, Mamat
16.Colley, Angela
17.Dabo, BB
18.Dumbuya, Fasainey
19.Faal, Samba
20.Faal-Sonko, Amina
21.Faye, Sheikh Omar
22.Gai, Mass Axi
23.Garba-Jahumpa, Balla (Re-instated, sacked, re-instated)
24. Musa Bala Gaye
25.Grey-Johnson, Crispin (Re-instated, sacked)
26.Haidara, Sadibou
27.Hydara, Sheikh Tijan (Re-instated, sacked)
28.Jagne, Baboucarr Blaise
29.Jallow, Momodou Sarjo
30.Janneh, Amadou Scattred
31.Jarju, Manlafi
32.Jatta, Baboucarr
33.Jatta, Famara
34.Jobe, Maba
35.Jobe, M. L. Sedat (resigned)
36.Joof, Joseph Henry (resigned
37.Jow, Satang (retired on health grounds)
38.Kassama, Yankuba
39.Keita, Margaret
40.Macdouall-Gaye, Neneh
41.Marong, Mustapha
42.Mbai, Fafa
43.Mbenga, Musa
44.Mboob, Sulayman Sait
45.Mbowe, Tamsir
46.Mendy, Dominic
47.Ndong-Jatta, Anne Therese (resigned)
48.Omar Ndow (sacked less than a week)
49.Ngum, Alieu
50.Njie, Bakary
51.Njie, Malick
52.Njie, Omar
53.Sabally, Sana
54.Sallah, Abdoulaye (Re-instated, sacked)
55.Sallah, Hassan
56.Sallah, Momodou (Silabai)
57.Sanneh, Kanja
58.Sanneh, Sidy Morro
59.Sanneh-Bojang, Nyimasata
60.Sanyang, Kebba
61.Sarr, Samsudeen
62.Secka, Pap Cheyassin
63.Sillah, Musa
64.Singhatey, Edward (resigned)
65.Sisay-Sabally, Hawa
66.Sock, Raymond
67.Sonko, Bolong
68.Taal, Bai Mass
69.Tambajang, Fatoumatta
70.Tambedou, Bemba
71.Touray, Yankuba (Re-instated, sacked again)
72.Waffa-Ogoo, Susan

War on the Press

The recent arrest and prosecution of Pap Saine, Ebrima Sawaneh, Sarata Jabbie, Abba Gibba, Pa Modou Faal, Emil Touray, Halifa Sallah and Sam Sarr by the dictatorial regime of Yahya Jammeh is indeed very worrying.

by PK Jarju

The prosecution of these journalists can best be described as a war against the press and freedom of thought in the country. It exposes the harsh and atrocious climate in which Gamban journalists are operating and we must all therefore join hands with the Gambia Press Union (GPU) in putting pressure on Dictator Jammeh to drop all bogus charges against these journalists.

Since coming to power, the Jammeh regime has been launching a sustained assault on the journalism community. Even though Freedom of Expression is guaranteed by Section 25 of the 1997 Constitution and further protected by Article 9 of the African Charter on Human and Peoples Right (ACHPR) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR), the regime of Yahya Jammeh does not recognise Freedom of Expression as a fundamental human right.

It sees journalists as opponents and enemies of Gambia's progress. And as a result, Gambian journalists are being persecuted left right and centre which include arrest and long detention, torture and murder. Journalism is today the riskiest profession in the country.

In its determination to to keep the Gambian people in a perpetual state of darkness and passive subjugation, the Jammeh regime have repeatedly used its rubber stamp National Assembly to enact repressive legislation. The amendments to the Criminal Code, which broadened the definition of libel and imposed mandatory prison sentences of six months to three years for offenders without the option of a fine is an example.

These legislation are seriously inhibiting work of the private media and journalists. Today in the Gambia, it is almost impossible for a newspaper to publish an article that is critical Yahya Jammeh and his administration. All private media houses and journalists in the country are practicing self-censorship due to fear of persecution.

The Gambian media has suffered for far too long and we have to say enough is enough. We have to let Yahya Jammeh know that he does not love the Gambia more than anyone of us. We all love our country and we all have a right to speak our minds on the state of our country.

Jammeh needs to realise that Gambian journalists are not his enemy. We don't hate him in person and we don't criticise him because of his tribe. We criticise him because of the disgraceful way and manner in which he is governing the country. Also, our criticisms of his regime are not in anyway geared towards causing instability, but to save the Gambia from sliding into a conflict situation.

The Gambian media is one big family and we see the prosecution of Pap Saine, Ebrima Sawaneh, Sarata Jabbie, Abba Gibba, Pa Mdou Faal, Emil Touray, Halifa Sallah and Sam Sarr as an attack on all of us.

We are aware of our responsibilities as the eyes and mouth pieces of the Gambian people and the persecution we are going through will not in anyway make us abdicate those noble duties to the people. The Jammeh regime may be able to inflict its conditions on us, but it cannot prevent us from exposing its ills to the public.

As I have always stated, our desire, our instinct to oppose brutality and repress freedom of thought in the Gambian will never be quenched. Of course it can be forced to keep quiet at times, when the repression gets worse. But instinct remains, and will always remain and when the circumstances becomes a little bit favourable, it will raise its head again. The desire to be free is one of the fundamental human desires.

Long live the Gambian media, long live the Gambia Press Union.
For comments, write to papak196@yahoo.co.uk or info@allgambian.net.

Not worth celebrating

On July 22, the Gambia will be commemorating the 15th anniversary of the military coup which brought President Yahya Jammeh and his AFPRC/APRC regime to power.
by PK Jarju

The ceremony which will be held at Arch 22 in Banjul will cost the poor Gambian tax payers millions of Dalasis which could be better spent in improving their poor living conditions and services.

The anniversary is not worth celebrating because Jammeh and his cronies committed treason by overthrowing the democratically elected government of Sir Dawda Kairaba Jawara. The revolution we were told, was conducted by the soldiers to eradicate rampant corruption, nepotism, favouritism and retrogression. We were also told that the coup was justifiable because the 30 year old regime of Sir Dawda was rotten and not fit for purpose.

However, 15 years on, there are no meaningful changes in the Gambian society. Corruption, bribery, nepotism and favouritism are still very alive if not more well rooted in the Gambian civil service. Jammeh and his associates are unaccountable and are living a flamboyant lifestyle at the detriment of the people. Whatever was bad during the Jawara era is at its worst state.

The revolution we were again told, was conducted to give power back to the people as well as to restore public confidence in government. Instead, the Gambian people are governed by a dictatorial regime that does not give a monkey to the rights of the people and the rule of law. The regime have eroded the civil liberties of the citizenry including the right to freedom of speech and assemble.

Its does not believe in democracy which is a government by the people through elected representatives, political, social or legal equality. Power in the Gambia is vested in the hands of the head of state who sees himself as a master of the people.

The head of state is controlling every facet of the Gambian society and the fate of Gambians are no longer in their own hands. Gambians cannot start a business or find work without paying bribes. Opposition sympathisers cannot find work in any government department or public sector without joining the ruling party. Journalists and activists cannot criticise the regime without being killed, arrested, torture or prosecuted for sedition.

The regime have snooped into the lives of the Gambian people and violated their space. Our movements are restricted by numerous military check points. We cannot wear a yellow t-shirt without being accused of being UDP supporters. We can be arrested and tortured by the NIA for whatever reason without having a right to seek redress in court.

We are today living in a Big Brother state and everyone is living in a state of fear. We are all afraid of our ruler because he can do anything to us. The Gambia which was previously known as a land of no problem is now a land of big problems.
Despite being in power for 15 years, Jammeh still wants to remain president despite the deleterious effect his rule is having on the lives of the people. Part of his desire to remain in power is due to greed and fear. He is afraid of losing his wealth and power and being dragged before a court of law for the despicable human rights abuses he has committed.
You can see this when you take a deep look at him. Jammeh is very afraid of the future and it is driving him insane. The fear in him sometimes turns to hate, which often gives him a desire to harm anyone he sees as a threat by using his ever loyal security officers.

The July 22 revolution is not worth celebrating because it have not succeeded in alleviating poverty in the country. The gap between the rich and the poor is wider than ever and many Gambians are continuing to be born in poverty, grow up in poverty and die in abject poverty.

Also, I don't believe that the July 22 revolution have registered significant success to be worth celebrating. Of course, many will disagree with me. The reason being, the Jammeh regime have built schools, airport, roads and health centres. To these people, the mere building of schools and roads is a sign of Gambia's development.

We should not measure development the number of infrastructures built by the regime but how well the average people Gambian is. It is misleading to call the Gambia developed while over 55 per cent of the country's population is living on less than one US Dollar a day.

Secondly we need to remember that the building of basic services is the responsible of government. That is what our taxes are meant for. Therefore, the Jammeh regime is not doing us any favour as it is our money.

Thirdly, we should not only focus our attention on quantity but on quality. Has the building of many junior and senior secondary schools increase the quality of education in the country? The answer is No. Has the building of health centres reduced the number of death from preventable diseases? The answer again is No. Have the Jahally Pacharr project minimised the importation of rice? You answer that question.

I therefore think that the only people who should be celebrating the July 22 anniversary should be Jammeh and his associates. The revolution have made them the most powerful and richest Gambians. Take for instance, Jammeh was a poor guy prior to the coup. Today, he is the richest Gambian owning millions of Dalasis, lands, aircraft, companies, nature reserve among others.

How he attained all this wealth is very questionable because he could never be able to acquire all these assets with his salary and allowances. Let him explain to us in the name of accountability and transparency how he acquired them.

To conclude, I think that it would far far better if the money being set aside to commemorate the revolution is use in creating job opportunity to the thousands of school leavers who are hanging at the beach sides and ghettos.

For comments, write to papak196@yahoo.co.uk.