Rantings of an Angry Despot

By Baba Galleh Jallow

When I make my wanted list people say I make my wanted list. They go out there and open their big mouths and say Jumus is this Jumus is that. When I say yes they say no. When I say left they say right. When I wear my special juju they say oh he’s wearing his special juju this, his special juju that. And when I put them on my wanted list they say he has put us on his wanted list. Well, they can all go to hell but they will be on my wanted list and if they don’t like it let them come and face me here. Maa Ko Tey Beh Teyatiko! Wahal? Maa Ko Wah!!


I must tell you all that I am sick and tired of all the nonsense that so-called journalists and intellectuals spit out of their big mouths. They say they are criticizing Jumus because Jumus appointed missionary judges. Or they say they are criticizing Jumus because Jumus sent some stupid idiots to prison. Or they are criticizing Jumus because Jumus says he will deal with criminals in this country. Or they will criticize Jumus because Jumus has a zoo and a private plane. Or Jumus can cure this or Jumus can cure that. Or Jumus has done this and Jumus has done that. Well I will tell them that I do not give a damn what they say or what their masters in the so-called western democracy say. If you decide to say that Jumus is wrong, or Jumus should not say this, or Jumus should not say that, you must be prepared to go on my list, to go to jail, or go six feet deep. In fact, you will go six thousand feet deep. And let your so-called western democracy do anything about it. Munemu? Haa? Jumaaleng?


When I risked my life to free this country from the corrupt regime of the former so-called president, where were all of you big mouths who now say Jumus is this and Jumus is that? Ha? When I got out of my bed in the middle of the night and carried my heavy gun and risked my life to save this country, all of you were lying in bed with your wives and having good dreams. And now you come here and say Jumus this and Jumus that. If you carry your gun and go into the forest and you kill a deer, who will say that the deer you killed is not yours? Or if you go into the forest and climb up a big tree and pick some fruit, who will say that the fruit is not yours? Do they not know that if you go hunting or you climb a tall tree a wild animal could attack you or you could fall down and break your neck? Why then should any stupid fool come out and say Jumus should not do this or Jumus should not say that? Or Jumus should be democracy or Jumus is not fair or Jumus this Jumus that and Jumus the other thing? Haa?


I want you all to listen to me very carefully because I am sick and tired of all this nonsense talk about so-called democracy or so-called human right rule of law or some such nonsense. If you go to the so-called west and you wear so-called western clothes and you want to come here and talk to me about so-called democracy, I will put you on my wanted list. You don’t know what so-called democracy is and you say you want to tell me some nonsense about so-called rule of so-called law and so-called human right. If you think you are wise or you are brave, come face me and try to tell me all that so-called nonsense. All of you big mouths hiding in the so-called west and trying to criticize me do not even know what your so-called democracy, law of rule or human right means. Human right human right my foot! You say human right human right but you don’t know what human right is. And you say you want to criticize me because I am not human right. Haa?


You commit crimes in my personal country and you run like cowards and you go and beg the so-called west for asylum. And then you open your big mouth and say Jumus should not say this, Jumus should not say that. You don’t even know that the so-called west came to Africa and stole our ancestors and our gold and silver and they made us their slaves. And when we fought and drove them out, now they want to come back to Africa and colonize us again. And they use you so-called journalists and so-called intellectuals and so-called civilians to criticize me and try to make me afraid so that they can come back and colonize this country. I will tell you that if they want to do that they will do it over my dead body. If they are brave and they think they can challenge me in my own personal country or tell me what to do, let them come and face me right here. They will then know who Jumus is. They will then know that Jumus is not afraid of anything in this world or the next. Or even in outer space. As for some of you traitors, you are all guilty of treason and sedition and defamation according Section 67, sub section 2 of my own personal criminal code. And I will put you on my wanted list and if I catch you – if I catch you - Ballayy Ballayy Ballayy, you will know who Gankal Jumus is.


When I employ my own personal judges to enforce my own personal law and pay my own personal judges in my own personal country with my own personal money, you open your big mouths and say Gankal Jumus should not employ a missionary judge, or judge so and so is a missionary judge. Or judge so and so is a missionary judge because he is not from our country. How dare you say our country? Haa? You all have no shame because this is not your country. If you think this is your country and you call yourself a man, come and face Gankal Jumus. You will then know that one day follows another and that I am not someone you can joke with. Ballayy Ballayy Ballayy, if I catch you – if I catch you - you will know that fire is hot!! Isa mad day!! That’s all I have to say.

Pap Saine 'very sick': medical source

One of six journalists jailed on August 6 for criticising Gambia's President Yahya Jammeh is "very sick" and was hospitalised overnight, a medical source said Thursday.

Pap Saine, the managing editor of the daily The Point and Gambian correspondent for Thomson-Reuters, "was rushed to hospital on Wednesday after he collapsed in his prison cell," said the source, who asked not to be named.

Media watchdog group Reporters Sans Frontieres (RSF - Reporters Without Borders) expressed concern in a statement Thursday about Saine's heart condition and said he had lost consciousness at one point in the court case.

"He needs to have a pacemaker inserted in his chest but the operation cannot be performed in Gambia and the authorities have prevented his repeated attempts to travel to Senegal for the operation," the RSF statement said.

The organisation also expressed concern for the only woman among the six, who have all been sentenced to two years in prison for publishing a statement critical of Jammeh in a case that has led to international protests.

Sarrata Jabbi-Dibba is a nursing mother with a seven-month-old baby whom she was breast-feeding, but on August 8, "prison guards took advantage of what they said would be a routine medical examination to take the baby from her," RSF said in the statement.

"They then promised she would be able to see the baby at least twice a day, but it is now with the Gambian child services at Bakoteh, 20 kilometres (about 12 miles) outside the capital..."

Jabbi-Dibba has thus not seen her child since August 8, it said.

The journalists are being held in the Mile Two prison in Banjul, after being convicted for a statement that criticised Jammeh after he told state television that the government had "no stake" in the 2004 murder of investigative journalist Deyda Hydara.

Jammeh instead suggested that Hydara's love life had led to his murder by unidentified gunmen, but the papers carried a Gambia Press Union statement protesting at provocative remarks and character assassination.

Hydara, the editor and co-founder of The Point and the Gambia correspondent for Agence France-Presse (AFP), was gunned down in his car on the outskirts of Banjul on December 16, 2004.

The authoritarian Jammeh has ruled Gambia for 15 years.

Reporters Without Border

Heavy Rains Cause Havoc In Upper Saloum

The Point

The heavy rains that lasted for several hours on Monday night, 10th August 2009 destroyed over 200 houses, 150 bags of rice and 200 bags of coos in Upper Saloum District, Central River Region.

Large quantities of clothing, mosquito-nets and bed sheets have also been destroyed.

Eye-witnesses also confirmed the death of 60 sheep and 50 goats, as a result of houses that collapsed on them.

The villages affected by the disaster are Njau Sey Kunda, Njau Woloff, Bantato Kerr Isaab, Bantanto Ker Waka, the Battis and Ker Galajo, all in the Upper Salum District.

Some of the displaced victims, most of them women and children are living in school classrooms, while others are sheltered by neighbours. The victims are currently struggling with acute shortage of food, clothing and shelter in all the affected villages.

The Governor of the region, Alhagi Gangie Touray, is appealing for immediate assistance in cash or kind from philanthropic organisations, the Disaster Management Agency, under the Vice-President’s Office, and other individuals who can assist to relieve the sufferings of the victims.

Source: Picture: Governor Alhagie Gang

Halifa Sallah writes to President Jammeh

Source: Foroyaa Newspaper

Mr. President,
It is now 3am in the morning. Sleep has surrendered to high level mental alert. Morning has enveloped my mind before the break of dawn. This is of course not unusual for those on whose shoulders rest the welfare of others. Such people have too little sleep to dream. What comes as dreams and nightmares to others stand right before their eyes as the naked realities they have to ponder during the early hours of the morning. Just as in the case of the witchcraft fiasco, duty has compelled me to knit my brow to find solution to a National tragedy.

Mr. President, the incarceration of Sam Sarr is not my major pre-occupation. Sam Sarr in prison is Halifa Sallah behind prison walls. We have both accepted the view since we cemented our relationship in 1977 that to be imprisoned and killed for righteousness sake is not a tragedy but a manifestation of the triumph of the human will against the temptation of self preservation and obsession for comfort in the face of duty’s calls for sacrifices in order to address the vital concerns of a generation.

We understood from the very beginning that to serve a people who are yet to take full charge of their destiny is not an easy task. It must cost sweat. It must cost unrewarded discomfort. We therefore became resolved not to run away from difficulties and hardship in our quest to make the sovereign people to realize their sovereign power and thus know how to exercise it in order to become free, dignified and sovereign. Once they become sovereign and have the authority to decide their destiny without inducement or intimidation, the cause of true liberation would have been won. This is why in our youthful days we used to sing the following song to consolidate our perseverance.

If you cut my hand I will still hold on
If you cut my lips I will still speak out
If you cut my feet I will still march on
No turning back, No turning back.

I am sure at this very moment Sam will be murmuring these words in his cell knowing fully well that it will not be long when the future generation will visit his cell as they are visiting Mandela’s cell at Robin Island to marvel at his undaunted fortitude and indented courage or valour to stand up for his principles, regardless of the peril or the cost.

I am not worried about Sam. I am writing to you about the state of the Nation, one that is now placed under your trust. I am writing from the vantage point of a person who has also sought to occupy the very position you are now occupying as a public trustee.

Hence I am in a better position to read your mind and contemplate what I would have done differently if I were in your position. This is what compelled me to address this letter to you.
Mr. President, every Nation has an internal and external personality. How it sees itself matters but how others see it also matters. It is the duty of every head of state to defend the internal and external reputation of a state.

Mr. President, I would like you to exploit your quiet moments to reflect on the genesis of the case of the six journalists. Rewind the tapes and play back the content of your statements about Deyda’s murder. If I were in your position the most I would have said is that I will leave no stone unturned in pursuing the culprits and bring them to justice. I would not have added a single word after the full stop. This would have been followed by diligent investigation of the case and constant call for public support to assist the investigators.

The drama at the court house, which witnessed the reading of your remarks and that of the President of the Gambia Press Union and coupled with the leading of evidence by Sam Sarr, on the substance of the statements, has brought the murder of Dyeda into sharp public focus. I must tell you without equivocation that the conclusion of the case is shocking to many people.

The media practitioners were convicted on all six counts. They are sentenced to 2 years imprisonment for each of the four counts which are to run concurrently. This means that they are sentenced to a mandatory imprisonment for a period of 2 years. They are to pay a fine of 250,000 dalasis for each of the other two counts which adds up to a total sum of 500,000 dalasis failing which they will serve jail terms of two years for each count.

In short, if they fail to pay the fine of D500,000 dalasis they will serve four years of imprisonment in addition to the two years they are currently serving. I can assure you that if the stiff sentences were in connection to Dyeda’s murderers, there would have been loud applause.

The legal outcome of the case of the journalists is known but what is important to you as a head of state is the impact it has on the internal and external personality of the nation you are heading. It is for you to ask those you trust to give you an impact assessment of the outcome of the case. It is for you to determine whether the association of Dyeda’s unresolved murder case with the diligent prosecution of journalists and stiff sentences meted out to them is enhancing or endangering the reputation of your government at home and abroad.

The Constitution has given you prerogatives to be able to provide redress to public concerns. It is my conviction that the best decision you could make with respect to the six journalists is not to wait for outside concerns to be registered with intense rapidity, on the contrary you should take the initiative to release them unconditionally.

Mr. President, it was mentioned during the proceedings that sedition shares a border line with treason. Mr. President, both Sam Sarr and my humble self were offered Ministerial posts after the 1994 coup but we declined the offer because of our conviction that we will only serve a government which derives its existence from the undiluted consent of a people freed from inducement or intimidation.

It is obvious that since 1987 Sam Sarr had never stood as a candidate for elections. He has devoted all his life to contribute to the empowerment of the people from an intellectual and civic point of view. In these two past years he has devoted his time to the production of learning materials for schools. He has produced two books on Mathematics for lower and upper basic schools and is now working on the third book for senior secondary schools.

He has also prepared manuscripts for producing a book on physics and journalism. Sam’s mind is not the devil’s play field which is fertile for mischief making. It is fertile for Knowledge production and ideas on how to serve humanity. He is a knowledge producer and a conscious sovereign person who deals with issues of governance from the standpoint of social conscience and social justice.

The way forward therefore is to put an end to this chapter by releasing the journalists and order diligent investigation into Deyda’s murder by relying on the available evidence.

On my part, I will pause for a while to gauge the National response. If there is delay in this response I will tour the sub-region to find out whether any head of state would accept to be an interlocutor by organising a round table to facilitate a resolution of the current problem. I will reach out farther a field if the response is slow.

Finally, if everything fails, I Halifa Sallah will not sleep in a comfortable home while Sam Sarr is incarcerated. I will demand that I join him and stay in prison until the Gambian people decide to support agenda 2011 and the Presidential candidate who will participate in the elections and accept to run a provisional government for a period of two years to five years in order to give a fresh start to the Gambian nation and sovereign people.

At first glance it would appear that our values are akin to the doctrine of turning the other cheek. In actual fact, no leader, including your very self has personal power. What you control is state power which belongs to the people. This power could either be derived from consent or seized.

We do not consider it moral to seize what we do not own. We do not want to be accused of being war lords like Foday Sankoh. We therefore are fully determined to inspire people through leadership by example. We will show the people that we are willing to suffer imprisonment and even death to promote the consolidation of a sovereign republic where leaders would be controlled by Constitutional instruments, Oversight institutions, civil society segments, wisdom of advisers and an enlightened populace fully conscious of their sovereign power to put and remove governments in office.

We are convinced that sooner or later the people will come to give full support to those who toil and moil day and night for them to enjoy liberty, dignity and prosperity and embrace them to guide the destiny of our dare mother land.

I however hope that your government which now controls the affairs of this country will spare us from martyrdom and rise up to its responsibility to create the environment where political parties can move in and out of office without any witch hunting, victimization, revenge or imposition of a reign of terror.

Yours in the service of the nation

Halifa Sallah

Womens' Right Movement Petitions Jammeh

His Excellency

Sheikh Prof. Alh. Yahya A.J.J Jammeh
President of the Republic of the Gambia
State House
Banjul

Date: 10th August, 2009

Your Excellency, The Womens' Rights movement of the Gambia would like to appeal to your good office regarding the matter of the jailed Journalists and in particular regarding Sarata Jabbi's case.

We would like to draw your attention to the fact that Sarata is a lactating mother of a 7 month old baby boy, who is incarcerated with his mother at the Mile 2 Central prison. The baby is completely innocent of the circumstances for which his mother is serving sentence. We are of the opinion that the baby's tender age requires that he be with his mother at all times, as no other person or institution can assume her role and responsibilities towards him.

The baby boy is totally dependent on his mother for feeding, care and support, which must be provided in an environment free from distress and frustration. The prison in which she has been incarcerated is not such an environment. In the light of this, we urge you to prevail in this matter with urgency, taking into consideration your government's commitment to upholding the basic principles of human rights and respecting the Conventions, Constitution and Policies it has ratified.

Your Excellency, it is not in the best interest of the child that he be obliged to formula feeding: his mother's choice to breastfeed him should be upheld: it is thus essential that they not be separated. The situation in which she currently finds herself threatens the proper nutrition of the child.

We also urge you to take into consideration that breastfeeding is a natural life saving process that only a mother can give to a child. Anything that threatens this puts the health and survival of the child at great risk.

We are aware that children are the most vulnerable groups with regards to nutrition due to the combined increased risk of death due to diarrhoea, pneumonia and under nutrition. This child faces this possibility if the mother remains in prison. An alternative to incarcerating a breast feeding or pregnant woman is to give a non-custodial or non-institutional sentence. This is the first option that should be considered given the special circumstances of Sarata and her seven months old baby who is totally dependent on her.

We wanted to take this occasion to remind you of some of the relevant articles regarding the matter of nursing/lactating and pregnant women in the International Conventions to which The Gambia is a State Party.
The African Charter on the Rights of the Child

Article 30: Children of Imprisoned Mothers:

1.States Parties to the present Charter shall undertake to provide special treatment to expectant mothers and to mothers of infants and young children who have been accused or found guilty of infringing the penal law shall in particular:

2. Ensure that a non custodial sentence will always be first considered when sentencing such mothers;

3. Establish and promote measures alternative to institutional confinement for the treatment of such mothers; and

(d) Ensure that a mother shall not be imprisoned with her child;
The Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (Maputo Protocol)

Article 24: Special Protection of Women in Distress The States Parties undertake to:

b) Ensure the right of pregnant or nursing women or women in detention by providing them with an environment which is suitable to their condition and the right to be treated with dignity.

Provisions of the Childrens' Act 2005 The Gambia

Section 218: Restrictions on Punishment

A child shall not be

1. Ordered to be imprisoned; or

2. Subjected to the death penalty or have the death penalty recorded against him or her

2. A court shall, on sentencing an expectant or a nursing mother, consider the imposition of a non institutional sentence as an alternative measure to imprisonment.

3. Where institutional sentence is mandatory or desirable, an expectant or a nursing mother shall be committed to and be held or detained at an appropriate centre or place designated by the Secretary of State for that purpose.

4. No mother and child shall be held or detained at an appropriate centre in pursuance to subsection (3) for a period longer than the time the child would have attained the age of six years.
5. Where a mother who has completed her nursing period is further given a sentence of imprisonment, the child shall be treated as a child in need of care and protection and may be committed to the care of the person who will ordinarily have custody, or by a committal order to

1.His or her father; or
2.A fit and proper person
The 1997 Constitution of the Republic of The Gambia

Section 29: Right of Children

1.Children shall have the right from birth to a name, the right to acquire a nationality and subject to legislation enacted in the best interest of children, to know and be cared for by their parents.

In the light of the above provisions we urge you to intervene in this case to protect, promote and respect the rights of this innocent child and his mother, who is performing a biologically required responsibility to protect life.

We would like to call your attention to your commitment to womens' concerns and to protect the child and his mother in her sex specific role as a lactating mother. This is an issue we fervently solicit.

Yours faithfully
The Womens' Rights Movement in The Gambia

Signed on behalf of the Movement

Dr Isatou Touray
Executive Director

IFJ and INSI Join Global Call for Release of Pap Saine and Co

The International Federation of Journalists (IFJ) and the International News Safety Institute (INSI) today called for the urgent release of jailed journalists in Gambia, adding their voices to growing global protest at the press freedom crisis in the country after judges jailed six journalists for two years last week because they had supported a statement by the country's press union criticising the government.

"Intolerant government has created a culture of neglect for free speech and human rights," said Aidan White, IFJ General Secretary. "The jailing of journalists simply because they express dissent is a sign of a country betraying the fundamental principles of democracy. These colleagues should be released without delay."

The journalists jailed include three members of the Gambian Press Union, an IFJ affiliate, and two reporters from The Point newspaper and one working for Foroyaa newspaper. According to agency reports, the court in the capital Banjul sentenced them to two years in prison and fines of 250,000 dalasi ($9,700) each, said the source, who was present at the hearing.

Seven were arrested in June after the Gambia Press Union issued a statement critical of the government's treatment of journalists, especially after the killing in 2004 of veteran reporter Deyda Hydara. One of the seven was later released.

"This was a trial that showed the dead hand of political interference in the honest work of journalists," said Rodney Pinder, Director of INSI. "This action, added to the killing that preceded it, underlines the continuing threat to the safety of all news media who are trying to do their jobs, often in circumstances of great danger."

INSI and the IFJ are also calling on democratic governments and world financial organisations to review their development aid to countries like Gambia where journalists work under threat of violence or imprisonment.

The IFJ and INSI said that the decision to prosecute the journalists on charges of seditious publication and criminal defamation for republishing the press union statement was inexplicable and vindictive. It was, they said, an attempt to "intimidate the entire community of Gambian journalists."

The two groups said that there were also urgent humanitarian concerns over the medical condition of one of the journalists, Pap Saine, who needs medical attention for a heart condition and collapsed in court at one stage during the trial.

Press freedom required for good governance"-Hillary Clinton

Reporters Without Borders (http://www.rsf.org)

Press release
US secretary of state Hillary Clinton should stress the need to respect press freedom during her talks with government officials on the seven-nation African tour she has just begun in Kenya, Reporters Without Borders said today.

“We welcome the US secretary of state’s decision to accord Africa a tour of this length,” Reporters Without Borders said. “We share her interest in combating corruption and we would like to stress that this requires defending press freedom. A journalist who exposes kickbacks, fraud or embezzlement in Africa is immediately harassed, arrested or even jailed.”

The press freedom organisation added: “This tour offers the United States a chance to send a strong signal to African leaders by insisting that they pledge to respect basic freedoms. It also offers a chance to send a message of encouragement to their citizens, who are often punished if they dare to express their views freely. It is regrettable that certain countries are not on the programme, such as Gambia, which has the worst press freedom situation in West Africa.”

On the first day of the Nairobi leg of her tour yesterday, Clinton urged African states to combat corruption and crime and to promote “good governance.” Before leaving the Kenyan capital, Reporters Without Borders thinks she should ensure that the authorities are deploying all possible resources to solve the murder of freelance journalist Francis Kainda Nyaruri, whose decapitated body was found in a forest in the southwest of the country on 29 January.

Shortly before his death, Nyaruri said he had been threatened by police officers whose behaviour he had criticised. “Only the arrest of both the perpetrators and instigators will serve to reassure Kenya’s journalists, who have been deeply traumatised by this appalling murder,” Reporters Without Borders said.

While in Nairobi, Clinton is also due to meet Sheikh Sharif Ahmed, the president of Somalia’s transitional government, which has been weakened by the Islamist militia Al-Shabaab’s offensive. With 14 journalists killed since the start of 2007, Somalia is the deadliest country in Africa for the media and the US government should encourage the authorities to protect journalists.

While the arbitrary arrests, kidnappings and murders of journalists in Somalia are already extremely worrying, Clinton should bear mind that an Al-Shabaab victory over the government forces would have a dramatic impact on basic freedoms and especially freedom of the press.

After South Africa and Angola, Clinton will have an opportunity in Kinshasa to share her concern with President Joseph Kabila about the impunity enjoyed by those who killed Radio Okapi journalists Serge Maheshe and Didace Namujimbo in Bukavu (the capital of the eastern province of Sud-Kivu).

The trial of those who allegedly gunned down Maheshe on 13 June 2007 was a complete fiasco that has been denounced by many local and international human rights groups. The military court in charge of investigating the murder of Namujimbo, who was shot in the head on 21 November 2008, has yet to hold its first hearing.

Clinton’s talks in Nigeria with President Musa Yar’Adua will undoubtedly touch on the recent deadly clashes between the security forces and Islamist militants in the north of the country as well as Nigeria’s oil-fuelled powerhouse economy. She should also remind him that journalism is a dangerous profession in Nigeria.

Journalists are constantly the victims of street violence, heavy-handed raids and beatings by the police and the State Security Service, and arbitrary arrest by provincial governors, who often abuse their authority. After Gambia, Nigeria is the West African country that shows least respect for press freedom, according to the 2008 Reporters Without Borders press freedom index.

While on her way from Liberia to Cape Verde, the former First Lady would ideally detour via Banjul in order to tell Gambian President Yahya Jammeh how much his behaviour appals human rights activists and pro-democracy campaigners.

Seven journalists who are leading members of the Gambia Press Union are currently being harassed and prosecuted for criticising Jammeh. At the same time, he has been making provocative and threatening comments about journalists on the state-owned broadcaster GRTS and does not hesitate to throw leading figures in prison as if they were common bandits.

“Firm condemnation of this situation by Washington would have the merit of ending the deafening silence about Gambia’s human rights violations and would reassure the sizable Gambian diaspora in the United States,” Reporters Without Borders said.

“The US intelligence services could also take the opportunity to release the information they have about the circumstances in which Deyda Hydara, the editor of the privately-owned newspaper The Point, was murdered in 2004,” Reporters Without Borders added. In the course of two detailed investigations into Hydara’s murder, the press freedom organisation found evidence indicating that President Jammeh’s security services were involved

UDP Reacts To GPU Six Conviction

The conviction of EBRIMA SAWANEH and his colleagues last week is the climax of the continuous erosion of the freedom of speech which started with APRC decrees No 70 and 71.

Whilst there is no dispute that every government to enact laws and provide for the appropriate mechanism for these, no government has the moral authority to deprive any class of citizens the right of freedom of expression of views and opinion by the use of archaic colonial legislations that have lost relevance in their countries of origin.

Media Practitioners(the Private) press have valiantly warded off the evil effects of decrees No 70&71 and the Newspapers(Amendment) Act 2004 by the proprietors and managers of various media houses fulfilling the stringent conditions stipulated in these Decrees and Act.

The current administration in the Gambia that falsely prides itself as a democratic one took umbrage under the now repealed section 210 of the constitution to enact the ill-fated National Media Commission Act which itself was repealed.

The administration’s inability to use the Media Commission Act to suppress the free press in the Gambia led it to craft other obnoxious amendments to the Criminal Code in 2004 by providing for mandatory six months imprisonment without an option of fine for Sedition and Possession of seditious publication redefined libel (criminal) and provided for “a term of imprisonment of not less than six months without an option of fine”.

The 2004 amendment created the offence of false publication and broadcasting imposing the same punishment as it does for sedition and libel. Realising that the 2004 amendment to the Criminal Code has not produced the desired negative effect on the independent media, the administration enacted yet another press muzzling legislation in 2005 which amended sections 51,178 and 181A of the Criminal Code by increasing the sentences provided for to range from a fine of not less than D50, 000 to no more than D250, 000 or imprisonment of not less than two years and not more than five years.

These amendments show how the administration has resorted to the use of legislation to scuttle the growth of a free and vibrant press in the Gambia. It shows how an unscrupulous regime can give an aura of legality and lawfulness to its objective of restricting freedom of expression guaranteed by the Constitution. No journalist exercising his right to publish any material and no person exercising his right to freedom of speech and expression has a right to malign others or without justification defame others. It is equally true that no one whatever his position in society has a right to make any statement that is derogatory, contemptuous or insulting to any person. Those who enjoy certain constitutional privileges and immunities must be circumspect and well measured in their remarks about other people.

We do not question the legality of the conviction and sentence imposed on Mr. Sawaneh and his colleagues. We however question the moral justification for their trial and subsequent conviction and sentence when one considers that the two media houses reproduced the reaction to some aspects of the President’s interview with KEBBA DIBBA of GRTS.

We are also concerned with the custodial sentence because it is bound to have adverse effects on the media houses these imprisoned journalists work for as well as the Gambia Press Union. Messers Sawaneh, Pap Saine and Pa Modou Faal all working for the Point Newspaper whilst Sam Sarr and Bai Emil Touray both work with Foroyaa Newspaper. Any objective and dispassionate on looker cannot but conclude that the sentences are meant to close down these Media Houses.

Sarata Jabbie Dibba, Bai Emil Touray, and Pa Modou Faal are respectively the Vice President, Secretary General and Treasurer of the Gambia Press Union. The custodial sentence imposed on them coupled with the absence of the President of the GPU from The Gambia will greatly hamper the effective functioning of the GPU-the result a press union on paper.

The other moral dimension about the custodial sentence relates to Sarata Jabbie Dibba’s participation in the publication of the seditious and defamatory matter might be, consideration ought to have been given to her peculiar condition. The Children’s Act does envisage people in Sarata Jabbie Dibba’s situation and accordingly directs all courts in sentencing an expectant or a nursing mother to consider the imposition of a non institutional (custodial) sentence as an alternative measure to imprisonment.

The trend in the world is to ‘de-criminalize speech.’ This is in accord with all modern Constitutions. The Gambia should not be an exception to this. The Gambia proposed to and lobbied other African governments to agree to the adoption of the African Charter on Human and People’s Rights-the Banjul Charter. This Charter provides for freedom of the press and freedom of expression.

We need not to move beyond rhetoric and give concrete expression to our commitment to respect the rights of the media and media practitioners. We must do all it takes to demonstrate to our African brothers and others outside African that the Gambia is a deserving host for the African Centre for Democracy and Human Rights Studies as well as the African Commission on Human and People’s Rights.

The Jammeh administration should as a matter of urgency introduce a bill in the National Assembly to repeal these oppressive legislations that curb the freedom of speech and the press.

England, unlike the Gambia, does not have a written constitution to enforce and interprete; indeed it has no Bill of Rights in the 1880s to enforce but a distinguished Judge in dealing with sedition and freedom of speech said’ You will recollect how valuable a blessing the liberty of the press is to all of us, and sure I am that the liberty will meet no injury-suffer no diminution at you hands”.

Let the Jammeh administration take note of this and as a first step to halt injury to the liberty of the press order the immediate release of Mr. Sawaneh and his colleagues. The immediate release of these great servants of the public will not only assure press freedom but will also unite SARATA JABBIE DIBBA with her seven month old baby who is in great maternal care and comfort and this is a right every Gambian child is entitled to.

UNITED DEMOCRATIC PARTY

SECRETARIAT, BANJUL

10 AUGUST 2009

A Challenging Year for Journalists

The Point Editorial

This year has been a challenging one for journalism in The Gambia. So far, it has been one court case after another, culminating last Thursday in the conviction and sentencing to a two-year jail term of six journalists. It all began with the false publication charge against The Point newspaper this February. Barely had that case got underway when the citizenship of the paper’s managing editor Mr Pap Saine was deemed suspect. He was arraigned before the Banjul Magistrates’ Court to prove his citizenship. He was eventually acquitted and discharged – just as the false publication was to be dropped later.

But Mr Saine hardly had time to celebrate his court victory. He had scarcely reached The Point offices when he was invited to the National Intelligence Agency (NIA) headquarters for questioning over a publication in The Point’s issue of 15 June 2009. He was there with Sarata Jabbi-Dibba, Ebrima Sawaneh, Pa Modou Faal and Emil Touray. Later they were joined by Sam Sarr and Abubakar Saidykhan. Sarr, managing editor of Foroyaa newspaper, had published the same article a few days earlier. All of them were later charged with a six-count charge of conspiracy, sedition and criminal defamation.

While this case was going on, another journalist was also sentenced to a fine of fifty thousand dalasis for publishing false information.

Only one of the seven journalists (Abubakar Saidykhan) charged with conspiracy, sedition and criminal defamation was set free as it shown during that he was simply trying to take photos while his boss Sam Sarr was arrested.

It is superfluous to go into the details of the trial here; it was like a soap opera that held the nation spellbound while it lasted. Every night, people stayed glued to their TV sets to catch up on the latest developments in the case, just as they besieged newsstands every morning to keep abreast of the turns and twists in the case. In the defining moments of the trial, both Saine and Sarr asserted that they published the said article “in the interest of democracy and press freedom”, as enshrined in the Universal Declaration of Human and Peoples’ Rights, and to promote the free flow of information as the country’s constitution upholds divergent views. Both men were strong and resilient and inspiring and noble in their most trying moment yet.

We are grateful to all those who stood shoulder to shoulder with us during our ordeal - friends, relatives, and well wishers. Your presence, words of encouragement and material support were the tonic that kept us going throughout the trial – and still keep us going into the unknown future. Sooner or later we shall look back to Thursday, 6 August 2009 as the day when Gambian journalism was re-built rather than broken.

“Nothing happens to any thing which that thing is not made by nature to bear.”


Marcus Aurelius

Unacceptable Affront on Press Freedom

The Media-for-Democracy in Nigeria group (MFD), comprising MediaRights Agenda (MRA), Journalists for Democratic Rights (JODER),Independent Journalism Centre (IJC) and the International Press Centre(IPC), hereby decry the jailing of six Gambian journalists on August6, 2009.

The affected journalists including three officials of the Gambia PressUnion (GPU), Sarata Jabbi Dibba (Vice President); Emil Touray(Secretary General) and Pa Modou Faal (Treasurer); as well as The Point Newspaper’s Pap Saine (Publisher); Ebou Sawaneh (Editor) and SamSarr, Editor of Foroyaa newspaper were all sentenced to a two-year jail term and fined USD 10,000 each for alleged sedition anddefamation by a High Court.

The MFD calls on Nigerian President Umaru Yar’Adua to show leadershipas the Chair of the Economic Community of West African States (ECOWAS)by intervening in the matter to secure a reversal of this unwholesomejudgment particularly in the light of the fact that a Nigerian judgehas been used to perpetrate this travesty of justice. We call on West African, African and international human and civilrights movements not to spare any effort towards ensuring that theunwelcome judgment is reversed as it constitutes unacceptable affronton press freedom in the country.

We surely cannot keep silent in theface of this grave injustice and assault on the union and journalisticrights of the jailed colleagues.

It is indeed worrisome and certainly provocative that the allegedsedition and defamation arose from the jailed journalists’ persistentdemand on Gambian President Yahya Jammeh to account for the gunning todeath of Deyda Hydara on December 16, 2004.

The killers of Hydara, former Publisher of The Point and well knowncritic of President Jammeh’s government, are yet to be apprehendedfive years on. The MFD demands the unconditional release of the six journalists.President Jammeh should realize that neither their imprisonment norother forms of assault on the media in the Gambia will stop theinternational media community from demanding that his governmentaccounts for the killing of Hydara by finding the killers.

GPU Six Jailing Unconstitutional

Says MFWA, WABA


The Media Foundation for West Africa (MFWA) and the Ghana Journalists Association (GJA) said on Monday that the charges against the six jailed Gambian Journalists were unconstitutional and untenable.


The two therefore appealed to President John Evans Atta Mills to intervene directly through diplomatic means to get President Yahya Jammeh of the Gambia to release the journalists immediately, end repression of free speech and stop the gross human rights abuses in the Gambia.


The six were tried on six counts of "sedition" and criminal "defamation" charges and convicted on August 6, 2009 to a total of eight years imprisonment to run concurrently without any option of a fine.

They were also ordered to pay an amount of 250,000 Gambian Dalasis (about 18,000 dollars) on each of the remaining two counts or serve another two years on each of the counts.

The charges stemmed from a June 11, 2009 press statement that criticised President Jammeh over comments he had made slandering Deyda Hydara, co-proprietor and editor of the "The Point" who was murdered in 2004 by unknown assailants.

At a joint press conference to register their protest against The Gambia authorities' decision to jail the journalists, one of whom is a nursing mother, Professor Kwame Karikari, Executive Director of MFWA, said they were appealing to President Mills to intervene based on the current MOU on the murdered Ghanaians.

Prof. Karikari said the repressive regime of President Jammeh had held the country to ransom over the last 14 years, and that Ghana as a peace loving and democratic country could not sit by for the situations to explode before she used her limited resources to send soldiers there for peacekeeping.

"It has undermined the independence of almost all national institutions including the judiciary, which has been bastardized. Judges have been dismissed arbitrarily by the regime and the repressive conditions within the judiciary are forcing some to resign and take up other jobs," he added.

Prof Karikari said the growing horrific human rights situation in neighbouring Gambia might roll back progress in the sub region if not checked.

"We contended that if steps are not taken for a peaceful improvement in the situation in the Gambia, the country will be propelled into a violent conflict by bad governance. The tension and fear prevailing in the Gambia can only lead to this unwanted eventuality," he added.

Prof. Karikari said they would send a formal request to President Mills, as well as to the President of the ECOWAS Commission, the Chairman of ECOWAS, and the ECOWAS Council of the Wise to make the same appeal.

Mr Akoto Ampaw, a Lawyer and Media Activist, said a team was in the Gambia three weeks ago in solidarity with the jailed journalists and had concluded that they were likely to be convicted because there were no laws in the Gambia.

He said it was the responsibility of everybody to act in solidarity with colleagues in other parts of West Africa.

Meanwhile, the West African Bar Association has also condemned the conviction and called on the African Union and ECOWAS to take urgent steps to compel President Jammeh to release the imprisoned journalists.

It also asked him to comply with the order of the ECOWAS court made on June 5, 2008 for their immediate release.

GNA

The First Week Without Sam Sarr

Editorial Foroyaa
It is like a funeral. People are pouring from all corners of the country to express their shock and concern. Some cannot hold their tears. The students who used to have evening classes in physics, Mathematics and other subjects are now in limbo.

Social science teaches that prisons are correctional institutions where those whose behaviour falls short of the good standards set by society as lawful behaviour are kept for sometime to facilitate their rehabilitation. Once this rehabilitation is effected they are placed back into society to live productive and contributive life.

Those people with exemplary characters who are incarcerated are referred to in political science as prisoners of conscience. Such people are those who stand up for their beliefs regardless of the peril or the cost. Sam Sarr had an honours degree in Physics and Mathematics 33 years ago. He taught A level and O level courses at Gambia High School for over a decade preparing the future generation to become the builders of a society of liberty and prosperity. The Generation he taught is gradually taking charge of the destiny of this country. They are now in their late thirties and forties.

Despite the fact that his education was grounded in the physics and mathematics Sam realized that a Physicist and Mathematician without social conscience could make instrument of mass destruction just to commit genocide against a whole population. He was convinced that education should go hand in hand with the nurturing of the social conscience.

History has taught him that a half educated person without social conscience is a virtual criminal. Such a person would live only for himself at the expense of others. Such a person would not hesitate to perpetrate all sorts of injustice against his or her fellow human beings without any feeling of guilt or remorse.

This is why Sam taught his students to have social conscience through plays like “belful na bone na throat” meaning that “Foolish pride is a bone in the throat”; “Habatee amut Ngering Haajalo la isi” “pomposity is the root to social discord and social conflict” and so on and so forth.

His plays sought to teach his students to embrace humility and detest greed, love truth and abhor falsehood, cherish justice and shun injustice. He wanted their hearts to speak the language of compassion so that they would not make any righteous person to suffer for promoting truth and justice.

We hope that as the students he taught go to their beds each night they would ask themselves whether they are utilizing their offices to promote justice or injustice, freedom or servitude, emancipation or enslavement, humility or pomposity, temperance or greed, poverty or prosperity.

If they are promoting justice, freedom, emancipation, humility, temperance and prosperity they are assured a final resting place in the valley of the exalted for eternity. On the other hand, if they live on this earth to perpetrate injustice, servitude, enslavement, pomposity, greed and poverty they are assured a final resting place in the dustbin of history.

Sam belongs to the category of people who works day and night to wipe tears from the face of the living instead of making them to shed tears. He belongs to the exalted category of society. He may undergo trials and tribulations but sooner rather than later history will absolve him; sooner rather than later we will re unite with him in grace and glory. This is the verdict of justice and common sense and it is incontrovertible.

A Travesty of Justice

by PK Jarju


Thursday August 6, 2009 will always be remembered by Gambians as one of the darkest days in the Gambia legal history. It was the day when falsehood triumph over truth. It was also the day when the country's judiciary failed in its motto Fiat Justicia.

The jailing of the six journalists to two years in prison with hard labour by Justice Emmanuel Fagbenle is outrageous and very shameful indeed. It is very shameful because it clearly expose the lack of independence in our country's judiciary and the desire of Yahya Jammeh and his regime to keep the Gambian people in a perpetual state of darkness and passive subjugation.

The jailing of the journalists is not surprising. Because Jammeh have threatened to deal with them severely while they were being tried. Their conviction tantamount to persecution rather than prosecution. Secondly, since Jammeh have promised to interfere in the work of our judiciary, there is no doubt that he must have heavily influenced the harsh punishment meted out to the journalists whom he accused of tarnishing his image.

The jailing of our colleagues is very painful but it will not make us cry or abdicate our duties as journalists and sons and daughters of the Gambia. Jammeh and his regime may be able to inflict their conditions on us, but the more resilient we will be. This is because we love the Gambia and do not want to see the country slide into a conflict situation.

The Jammeh regime have to be really honest to the Gambia people. Our work as journalists is not in anyway geared towards tarnishing the image of the country or creating political instability. Despotism, irresponsible governance, violations of people’s rights and freedoms, lack of respect for the rule of law among others is what is tarnishing the Gambia's image.

Gambian journalists are not criminals. Our rights to 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 and Article 19 of the International Covenant on Civil and Political Rights (ICCPR) which the Gambia have ratified. Our conscience is clear.

So if Jammeh thinks that sending us to prison, arresting and torturing us or killing us will scare us away from our noble profession then he is making a terrible mistake. Let him take a look at the number of online newspapers that are emerging every day and are trying to keep him accountable to his electoral promise.

If he can be able to stop all these journalists from practising their profession then I will grant him victory.

The disgraceful manner in which Jammeh is ruling our beloved Gambia is deeply harming the Gambia. Since the jailing of Fiona and David Fulton in December 2008, the number of Britons going to Gambia have dropped significantly. And there is no doubt that this year's tourism season is going to be a disaster because many tourists are saying that they will not go to a country where the regime does not respect people's right to express themselves.

In conclusion, I would like to propose the setting up of a trust fund to help support the families of our jailed colleagues. All these journalists are married with loads of dependants and likely to face a lot of hardships if we don't give them the support.

May Almighty Allah continue to shower his blessings on the Gambia.

US demands release of convicted reporters in Gambia

(Reuters) - The United States on Friday described as "outrageous" and a "travesty" the conviction of six journalists in Gambia for sedition and defamation and demanded their immediate release.

"It violates not only accepted international norms, but the imperatives of governance of the 21st century. This action is a travesty, given Gambia's current leadership of the African Union's Human Rights Commission," said State Department spokesman P.J. Crowley.

Crowley, who was in South Africa with U.S. Secretary of State Hillary Clinton, said the conviction of the journalists violated not only "accepted international norms, but the imperatives of governance of the 21st century."

The journalists were jailed on Thursday for two years and include three members of the Gambian Press Union, two reporters from The Point newspaper and one working for Foroyaa newspaper. One of the journalists for The Point, Pap Saine, also reports for Reuters.

Reuters issued a statement on Thursday expressing concern for the health of Saine, who needs medical attention for a heart condition and collapsed in court at one stage during the trial.

Seven journalists were arrested in June after the Gambia Press Union issued a statement critical of the government's treatment of journalists, especially after the killing in 2004 of veteran reporter Deyda Hydara. One of the seven was later released.

"The United States, along with other responsible countries, have and will continue to protest this action until the journalists are released," said Crowley, in unusually stern diplomatic language.

"In this day and age, any government that is afraid of ideas and tries to suppress the truth will isolate itself and fall further behind responsible countries that embrace universal principles," he added. (Reporting by Sue Pleming; editing by Dominic Evans)

The Dialectics of African Despotism

By Baba Galleh Jallow

The conviction of six Gambian journalists by a Nigerian judge of the High Court is not an imposition of justice. It is a denial of justice. People who rightly commit crimes may justly be convicted and sentenced in a court of law. But the six journalist jailed by Emmanuel Fangbele have not committed any crime. They are merely victims of a political dispensation that is totally and absolutely under the control of one individual who has made himself synonymous with all the institutions of state, all the arms of government, and the very law itself. These six innocent people were put through the formal motions of trial, but they were presumed guilty the day they were arrested and were presumed guilty throughout the process of their so-called trial.

The kind of situation under which these six journalists were put on trial and sentenced can only happen in an environment of despotism where there is absolutely no regard for the rule of law, the constitution, and human worth as far as these run counter to the whims and caprices of the despot himself. Sending six innocent persons to jail for merely criticizing remarks by the president is the height of judicial hypocrisy and a demonstration of extreme contempt for the Gambian people, the Gambian nation, and the sensibilities of human kind in general.

It is a classical manifestation of the nature of African despotism, which is guided by neither ideology nor even vision, but merely by the greed for power and an obsessive desire to impose by force what has been called “a culture of monolithic uniformity.” A uniformity of views, opinions, desires, actions, and aspirations that must all be co-terminus with those of the blind-minded and blind-hearted despot himself.

In an African despotism such as we now have in The Gambia, there is a great deal of empty talk about patriotism, about enemies of the nation, about the determination of the despot – who pretends to love the country more than anyone else – to fight and subdue all so-called unpatriotic forces in the country. The label of traitor – which the despot rightfully carries – is instead slapped on all who dare to question the words or actions of the despot.

All citizens are expected to crawl on all fours, to be willfully blind to the dictates of truth and justice, and to swallow all lies and injustices uttered by the despot. Those self-respecting citizens who refuse to do so are summarily brought before emasculated judiciaries and sentenced to jail terms or heavy fines. If they are particularly critical of the despot, they are brutally murdered or made to disappear. Such was the fate of the students of April 2000, of Deyda Hydara, and of Chief Ebrima Manneh, to cite a few examples from The Gambia.

The African despot is a fascist without even the benefit of a fascist ideology to guide his actions. At least the kind of fascism that existed in Italy under Mussolini was built around a set of ideas which could be analyzed and exposed for what they were. In an African despotism such as we now have in The Gambia, all there is to analyze is the dark and evil personality of the despot himself, which is so empty of substance that one is hard-pressed to find a point of analytic departure.

In an African despotism, the frontiers between penal and non-penal deeds are totally effaced. The law becomes not an instrument for the punishment of criminals, or an institution for the maintenance of peaceful order, but a bogey for the frightening of the population and a sword for the slaughter of principles and human dignities. African despotisms turn the law into a malignant instrument of remote control and surveillance in the service of the callous despot. The law watches out for wrong smiles on the faces of people looking at an image of the despot, listens to wrong words spoken in reference to the despot, browses the pages of journals for wrong words directed at the person of the despot. In every case, the law, now transformed into a monstrous public enemy number one, is ready to pounce on perceived offenders and tear them into shreds for the benefit of the despot.

In an African despotism such as we now have in The Gambia, society becomes reduced to a giant masquerade of lies and pretences. All who wish to survive are compelled to keep their minds dormant and their mouths shut. People are compelled to deny their true opinions and express only fake opinions in praise of the despot. An atmosphere of general mistrust is created in work places and public places because unprincipled liars have made it dangerous to express any opinions that are not complimentary to the despot. Unscrupulous and callous individuals take advantage of the high premium placed on sycophancy and lying to cook up stories of unpatriotism against innocent folks and deliver them up to the monster despot. Jealous individuals eying top positions in work places can have their colleagues removed by telling lies about them to the despot.

In such a society, the despot divides the people into two factions. Those who negate their humanity, ignore truth and justice, willfully lie and torture innocent individuals are considered the good and the loyal. Those who cling on to their humanity, who insist on telling the truth, who speak up for justice, who will never lie and refuse to crawl on their stomachs like miserable reptiles – those are considered the criminal elements. Society is therefore stood directly on its head: Truth becomes lies, lies truth. Injustice parades around as justice and the law is rendered an instrument of illegality and criminality.

Criminals are glorified and the innocent harshly punished. These are the dialectics of African despotism, the dialectics that have dragged many African societies into the hellhole of violent conflict; the dialectics that Yahya Jammeh has now imposed upon The Gambia; the dialectics that must be understood and neutralized before it is too late. Or is it already too late?

Mercenary Justice Revisited

By Baba Galleh Jallow

Justice Immasculate Fanabululu sat there, his chin on his palms, his elbows on the large mahogany desk. He stared below at the defense counsel as the lawyer listed the various reasons why his client should be granted bail. Justice Immasculate Fanabululu did not really hear what the defense counsel was saying.


All he needed to know was that counsel was applying for bail. The rest, as far as he was concerned, was of little consequence to him because he was no position to grant or refuse bail. He was there to do whatever it was the powers that be wanted him to do with any accused person brought before his court. So Justice Immasculate Fanabululu, bored to death, just sat there and day-dreamed as counsel for the defense ranted on about constitutional rights etc etc.

Suddenly aware that counsel for the defense had finished ranting about constitutional rights and the right to be presumed innocent until proven guilty and similar nonsense, the magistrate ordered silence and announced that this court would take a brief recess in order to consider the matter of the defense counsel’s application for bail.

Back in his office, Justice Immasculate Fanabululu picked up his phone and dialed. Some one picked up the phone.

“Hello. This is Justice Immasculate Fanabululu, trying a case under the orders of His Excellency the President. I would like to speak to His Excellency please. He said to call him with any questions.”

Justice Immasculate Fanabululu was put on hold. For twenty long minutes, he sat there holding the receiver in his sweating palm to his sweating ear. He felt sleepy but dared not so much as move lest His Excellency comes to the line. He wanted to take a leak but dared not move. He pressed his legs together to prevent the pee from licking out. He was in such a hurry to get His Excellency on the line that he had forgotten to use the bathroom before calling.

Now he was paying for his stupid mistake. He had been made to hold the line for up to one hour or more before and if that happened today, he would have no option but to let it go and change into his other gown. He had done it before and found himself in a serious quandary. That is why he always brought an extra gown with him to the court and kept it in his drawer, just in case. He hated this stupid case because unlike the others, he had received no specific orders at to what to do.

Often he was told jail the defendant for ten, fifteen, twenty years, for life, as the case might be. Or he was just told, kill him. Then he knew exactly what to do. But on this one, His Excellency had not issued any specific order to follow. He had just said, I want the defendant jailed. And so he had to call to make sure because he did not want to do anything stupid. One never knows with the Big Oga. Better sure than sorry. And so he pressed his thighs together and held on to the line for dear life.

After twenty long minutes, Justice Immasculate Fanabululu jumped in his seat when the unmistakable voice of His Powerful Excellency suddenly boomed into his buzzing head.

“Yes?”

“Eh Your Excellency, Justice Immasculate Fanabululu here. Sorry to interrupt your busy schedule sir. Hope your day is going well sir.”

Justice Immasculate Fanabululu had almost forgotten what he had called the president about. Beads of sweat ran down his face as he tried frantically to remember.

“Yes?”

“Yes sir Your Excellency. You know we are always here to serve you sir and sometimes we hate to disturb your busy schedule sir.”

“Look you better tell me why you called. Don’t you know that as head of state I have other important things to do?”

“Oh yes sir please accept my apologies sir. Eh - it’s about Case X sir. The defense lawyer is applying for bail and making a lot of noise about the constitution sir. But for me what is important is what Your Excellency wants me to do sir.”

“So why did you call then?” His Excellency sounded miffed, and that was not a good sign.

“Just to know what Your Excellency wants me to do sir because this lawyer is making a lot of noise in my court about bail and stuff sir.”

“You want to tell me that you don’t know what I expect you to do? If that is the case you better prepare to go back to your country. I have no time for this. Anyway, send them to jail without possibility of fines.”

“Yes Your Excellency sir . . .”

The line went dead. Justice Immasculate Fanabululu froze in mid sentence. His Powerful Excellency had loudly banged the phone on his ears and left him with the mournful drone of a dead line. Justice Immasculate Fanabululu was sweating profusely and shaking from head to toes. He had forgotten all about wanting to pee. He grabbed a kerchief and wiped his drenched face and neck. Clumsily placing down the receiver, he struggled to compose himself well enough to go back into the courtroom.

He cursed himself for his stupidity. He was simply trying to please the Big Oga and look what he has done to himself. The thought that he might be fired and sent back to his native country to become just another face among the crowds of uneducated tricksters was too terrible to contemplate.

He could never go through the same shit he had endured before receiving the support he needed to get on the list of interested candidates for magistracy in this country. He winced at the memory of the extreme humiliation he felt working as a pimp for corrupt politicians, cleaning the offices and toilets of useful contacts, sometimes being forced to bend down and get injected with streams of slimy rot. No, he would die if he was fired from that position. He would rather die. But maybe if he did the right thing today . . .

Back in the courtroom, a loud murmur arose from the audience as a stone-faced Justice Immasculate Fanabululu surfaced after what seemed like a century. He wasted no time in declaring the outcome of his reflection on the propriety of granting bail to the accused. As soon as order returned to the court, he announced his decision.

“After due consideration of the complexities involved in this very important case, I recognize that the accused have a right to bail according to the constitution and laws of this land,” he announced, pausing for dramatic effect as smiles lightened up the faces of the accused, the defense counsel, and the family and friends of the accused.

“However,” Justice Immasculate Fanabululu declared, “the defense counsel’s application for bail is hereby denied. The defendants are hereby sentenced to serve indefinite prison terms with no option of fines. Case closed.”

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