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Momodou
Denmark
11511 Posts |
 Posted - 27 Jan 2020 : 09:16:54
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OMG! A fully fledged new dictatorship 2.0
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The Gambia Government Bans ‘Operation 3-Years Jotna’ with Immediate Effect
Press Release Dated: Sunday 26th January, 2020
Banjul, The Gambia—The Gambia Government renders Operation 3-Years Jotna, a subversive, violent and Illegal Movement and hereby bans the movement from ever operating within the shores of The Gambia.
Members of the public are hereby notified that in fact, the Jotna Movement was never legally registered but Government in exercise of its openness and adherence to the democratic rights of citizens, allowed them to operate so long as their activities were consistent with the law.
Tonight, The Gambia Government wishes to inform citizens, members of the public, the Diplomatic and Consular Corps that Operation 3-Years Jotna is rendered a subversive, violent and an Illegal Movement that has all the attributes of a subversive group determined to illegally unseat the constitutionally elected Government of President Adama Barrow and is therefore, banned forthwith.
Therefore, citizens and businesses or other groups and entities that are seen to be aiding and abetting the activities of this illegal Movement masquerading as a Pressure Group are warned to immediately seize their relationship(s). Henceforth, any person, Radio Station, business or group that chooses to do business with Operation 3-Years Jotna and or promote their agenda will be in violation of this pronouncement and will face severe consequences.
The Gambia Government also announces the suspension of Brikama-based Home Digital FM and Tallinding Kunjang-based King FM radio stations pending the outcome police investigations that these stations violated their licenses. Government notes with concern that the two FM stations have demonstrated notoriety for peddling incendiary messages and allowed their media to be used as platforms for inciting violence, fear-mongering and live broadcasts urging Gambians to join Jotna demonstrators all calculated to threaten the security and safety of The Gambia.
Meanwhile, Pa Modou Bojang, the Proprietor of Brikama-based Home Digital Fm and Mr. Gibbi Jallow, the Manager of King FM are helping the Police in their investigations. The Gambia Government urges all citizens and members of the public to stay away from these stations.
The Gambia Government also announces that police have arrested some 137 people among them, Executive members. Some are in hiding while others are attempting to flee the jurisdiction. Regional Governors, Chiefs and local district authorities are urged to report any suspects to the nearest police station and the public is warned that it is a violation of the law to harbor any fugitives from justice.
The Gambia Government regrets to report that while there were no fatalities, some people sustained non-life threatening injuries among them 18 paramilitary officers and 7 civilians, most of whom have since been discharged.
Accordingly, The Gambia Government urges all citizens and residents to remain calm and law abiding as the situation is under total control. The audio messages and false reports trending on social media about fatalities is all propaganda as not a single person died during today’s demonstration.
Signed,
Ebrima G Sankareh
Government Spokesman
The Gambia Government Spokesperson
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11511 Posts |
Posted - 27 Jan 2020 : 09:39:47
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Press Statement from Democratic Union of Gambian Activists (DUGA)
The Democratic Union of Gambian Activists-DUGA condemns, in the strongest terms, the suspension of Home Digital FM and King FM Radio Stations and the arrest and detention of proprietor Pa Modou Bojang and manager Gibbi Jallow, respectively. We demand for their unconditional release with any other detained journalists and all confiscated materials returned to the journalists. The media plays a pivotal role towards the development of society and any attempt by security forces to attack and/or intimidate members of the fourth estate is reprehensible and unacceptable.
Additionally, we express concern over the arrest and detention of over 130 protesters from Operation 3 Years Jotna Movement during their march on January 26th, 2020. The right to peaceful assembly is enshrined in our national Constitution and therefore, citizens must not be denied this inalienable right to exercise their civic duty. We hereby remind the Barrow Government of its Constitutional obligation on the protection of civilians’ life and property. We also call on our leaders and authorities to publicly condemn this act of violence and demand that an immediate investigation be launched to determine reasons for the violence, arrests, detentions, and closures of both media houses.
DUGA is also troubled by the extrajudicial banning of Operation 3 Years Jotna. It is our fervent belief that it is not only enough to ban any group on a mere pronouncement, that all such moves must be done in accordance with the Constitution.
Finally, as a result of the security personnel from the Gambia Police Department’s paramilitary unit’s heavy-handed approach to the protesters and the media, we urge the government to perform a comprehensive security review and reform that will mitigate such instances from reoccurring, at the same time preserving the democratic rights of Gambians. The concerns of the citizens especially the civil society organizations such as Operation 3 Years Jotna must be heard and addressed.
Signed,
DUGA |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11511 Posts |
Posted - 27 Jan 2020 : 15:07:08
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*GPU STATEMENT ON ARRESTS OF JOURNALISTS AND CLOSURE OF MEDIA HOUSES*
The past 24 hours witnessed the most aggressive attack on press freedom since the new government assumed office 2017.
Between 12 noon and 2pm yesterday, two radio stations have been forced to cease operations and four journalists arrested within the same period of two hours, or thereabouts.
Earlier in the day, one of the journalists covering the disturbances was attacked and physically assaulted. These incidents came in the wake of the anti-government protest called ‘3-years Jotna’. The protest, as we learnt through media reports, unfortunately turned violent even before it started.
Violence against journalists came from both sides.
Sankulleh Janko, a reporter for Dakar-based West Africa Democracy Radio (WADR) was attacked by a group of protesters who were visibly angry and violent and were armed with sticks. They manhandled him and forcefully took away his equipment, including his mobile phone. If not for the intervention of one of the protesters, the reporter who’s one of country’s promising young journalists, would have been seriously harmed, perhaps killed.
In the afternoon, about a dozen armed personnel of the Police Intervention Unit (PIU) of the Gambia Police Force (GPF) stormed the offices of Home Digital FM in Brikama and ordered the staff to cease operations with immediate effect. The manager Pa Modou Bojang was taken away from his studio by the police. Although the authorities have refused to confirm his whereabouts, we have learnt through reliable sources that he was detained at the PIU headquarters in Kanifing before he was taken to Anti-Crime offices in Bijilo.
The story of Pa Modou and Home Digital FM is similar to that of King FM. About a dozen armed PIU personnel stormed the offices in Tallinding, ordered the staff out of the premises, shut down the radio, and whisked away three people, including the manager Gibbi Jallow. The other one is called Ebrima Jallow. We’re yet to confirm the name of the third person.
In essence, from the disturbances yesterday, two radio stations have been shut down and four journalists have been detained.
We are in receipt of the press release that the government issued, confirming the closure as well as the arrest and detention. The release states that radio stations were shut down because they were ‘broadcasting incendiary’ messages. This is unfounded and disappointing.
For we have confirmed from multiple sources, including from the manager, that King FM did not broadcast any information about the protest. The station had throughout the day, until the time it was closed, been playing music that has no bearing on the disturbances.
Home Digital FM was indeed broadcasting messages about the protest. And we have confirmed from multiple sources, including the staff and listeners that there was nothing incendiary about the broadcasts of the events.
We’re of the considered view that the closure of the radio stations was arbitrary and unlawful.
Equally, the proclamation contained in yesterday’s press release which appears to warn journalists against presenting divergent views is equally as dangerous as it is unlawful. It has no legitimate basis, and therefore, we call on the media to disregard it and present as diverse opinions as possible on any issue of legitimate public interest and the issue of the tenure of the president is one such issue. We will challenge any attempt by the government to pursue further with the implementation of this proclamation.
The Information and Communication Act (s36) gives powers to only the Minister of Information to suspend or revoke a broadcasting license. The security has no powers to shut down a radio station. Through our consultations with the minister, we have confirmed that no such order came from the office of the Minister, Ebrima Sillah. Moreover, the laid-down conditions for doing so have not been met.
We know why the radio stations were shut down. We know why the journalists were arrested and detained.
It is the same reason Deyda Hydara was murdered under Jammeh
It is the same reason Chief Manneh was killed under Jammeh
It is the same reason media houses were shut down fifteen times between 1994 and 2016 under Jammeh
It is the same reason dozens of journalists were tortured under Jammeh
It is the same reason more than 20 per cent of Gambian journalists were forced into exile under Jammeh
And it is the same reason more than two dozen journalists were assaulted under Barrow and nothing is done about.
In fact, yesterday’s attacks bring to memory twenty-years of the brutal repression of the media. The modus operandi of this government bears the hallmark of the tactics used by the former government in its disregard for press freedom and the rule of law.
As a union, we have engaged the services of a lawyer. Our instructions are very clear: secure the release of the journalists under custody and launch civil action against the state on matters connected with this arrest and detention before any court of law that has the competence to preside over such.
While it is not our remit to comment on the substance of the debate on the tenure of the president and the disputes arising from that, we call on the government to launch an independent inquiry into the disturbance and act in a manner that it just.
There is no doubt that the way this whole issue of 3 years jotna was handled, and the heavy-handedness of the security, makes mockery of the transitional justice process and our ongoing democratic reforms.
In conclusion, we call on the government to immediately release the journalists and lift the ban on the two radio stations.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11511 Posts |
Posted - 27 Jan 2020 : 17:55:15
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Statement of the United Democratic Party (UDP)
on the Three Years Jotna Protests
The United Democratic Party has observed with great concern the events of January 26, 2020 between the security forces and members/supporters of the “Three Years Jotna Movement”.
The United Democratic Party is known for its respect for human rights, tolerance and adherence to freedom of expression and assembly; as demonstrated by its conduct over the past 25 years. We therefore, strongly condemn the disproportionate use of force and acts of violence against innocent protesters who were engaged in exercising their democratic rights to protest under a permit issued by the Inspector General of Police.
The party took note of graphic images of Gambians being brutalised by personnel of the Police Intervention Unit (PIU). This included the beating of female protesters already arrested. The UDP urges those who continue to advocate and claim to be supporters of women’s rights to review their positions in view of the mistreatment of innocent female protesters.
The closure of media houses is unacceptable. Media reports have it that the Minister of Information was not privy to any decision taken to close these media houses. We condemn this action on the part of the police and urge government to reopen these radio stations immediately. The arbitrary closure of media houses and arrest of journalists was the hallmark of the Jammeh administration.
The party also understands that many arrested individuals have been denied access to legal advice and family visits; and some of the arrested individuals require medical attention. They have been denied these rights and this is reminiscent of the Jammeh-era excesses.
Media images also showed a young man who lost his teeth and was bleeding profusely as a result of violence by the PIU. These are not the kind of images and types of actions Gambians expect to see post-2016, neither is this the change Gambians voted for in December 2016.
The United Democratic Party calls upon the government to observe the principles of the rule of law and cooperate with the Human Rights Commission to conduct an enquiry into why a peaceful and lawful demonstration was violently disrupted.
We equally appeal to all citizens to exercise restraint and observe the rule of law in the exercise of their rights in the interest of peace and national security.
UNITED DEMOCRATIC PARTY SECRETARIAT
1 Rene Blain Street, Banjul |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12237 Posts |
Posted - 27 Jan 2020 : 18:02:01
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Monday, January 27, 2020
Over 50 protesters were yesterday reported wounded as a result of tear gas and rubber bullets fired by the paramilitaries and officers of the Anti Crime Unit of The Gambia Police Force (GPF). The clash also left 18 police officers wounded with 137 protested arrested.
The anti government protesters are calling on the president to honour the three years MoU and step down.
The police seriously wounded some of the victims while many fainted after inhaling some gas.
Abdou Njie, the chairperson of the 3 years Jotna told the press that the whole world will know that the security destroyed the country; adding that whatever former president Yahya Jammeh was doing, it was the security who pushed him into it.
He said they also influenced Adama Barrow to act in such ways, while stating that: “I was standing when Kalilu Njie, senior police officer ordered the shooting of tear gases to the protesters. After firing gases, the paramilitary also stoned Abdou Darboe and broke all his teeth.”
Njie believed that the police lied to them because they were on the ground before their arrival and barred the place.
He added that their people arrested will be freed and whatever the police want will never happen.
“Barrow is nothing and is because of people he is something, and he is abusing that power against its people but we will remove him the same way we did to Jammeh.”
Confirming how many victims were wounded and arrested, he said, he did not know exactly, but said many people were arrested and also lots of people were wounded.
The police revoking their permit, he said, was not communicated to them, adding that rubber bullets were also shot at the protesters.
Author: Pa Modou Cham
http://thepoint.gm/africa/gambia/article/137-protesters-arrested-50-wounded-as-police-fire-tear-gas |
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toubab1020
12237 Posts |
Posted - 27 Jan 2020 : 18:06:16
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By Lamin Cham, Omar Bah & Tabora Bojang January 27, 2020
A violent demonstration rocked the streets of the Greater Banjul Area with thick smoke billowing from near the Sting Corner to the Independence Stadium junction and parts of the Westfield area yesterday afternoon.
The melee started when the planned demonstration by 3 Years Jotna turned violent.
The police sent tear gas canisters onto the protesters from the Sting Corner end.
According to the police in a statement announcing the cancellation of the permit, the conditions of the permit were violated and protesters turned violent.
But the protesters alleged that the police simply broke up their gathering to deter others from joining them. Pandemonium then ensured as angry protesters accused the police of provoking them with tear gas and as they retreated, they burnt tires and tree trunks on the twinned road from Mile Seven.
A similar riot broke out almost simultaneously around Westfield where protesters burnt tires and threw stones.
At Mile Seven, a protester Modou Jagne said the entire violence was provoked by the police. ”It was completely unnecessary to throw tear gas at a crowd that was gathering for a peaceful demonstration. These images are not good for the Gambia’s news reputation in the world. It is all caused by the police,” he alleged.
Another, Saul Touray said the protest was never going to be violent had the police not used force. He accused the police of still living in the Jammeh era of dictatorship.
“There has been no changes as far as the security’s mindset is concerned in The Gambia,” he said as he inhaled tear gas from rocketing canisters raining on the gardens at Mile Seven.
The Standard also saw officials of the 3YJ and civil society officials trekking the redline between the police and the burning edge of the crowd in a failed bid to calm the situation.
Hagi Suwareh, the PRO of the 3 Years Jotna said the confusion was caused by the different. According to him the police’s stance that the protest start from Y Junction instead of Sting Corner as agreed created the first misunderstanding between them and the protesters who initially thought the protest was going to start from Sting Corner to the Independence Stadium.
“So because most of the protesters thought we were going to start the protest from Sting Corner, they came there but the PIU decided to block the roads coming from Westfield to Sting Corner which created a confrontation and we went there to calm the situation but unfortunately the PIUs started verbal confrontation with the protesters which eventually turned the protests violent,” said Suwareh.
He added that firing of tear gas from the police fuelled the tension with protesters too throwing stones in revenge. The Standard repeatedly called the police PRO for their version but he would not pick calls.
Arrest
As we went to press last night, The Standard learnt that dozens of protesters were arrested, including Abdou Njie, chairman of the 3 Years Jotna. Another official Yankuba Draboe turned himself to the police after it was reported that he was wanted.
The police were not available to confirm any arrests. Meanwhile protesters were also admitted at the Serekunda General Hospital and treated for the effects of tear gas
https://standard.gm/3yj-clash-with-police-burn-tires-in-violent-demo/ |
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Momodou
Denmark
11511 Posts |
Posted - 27 Jan 2020 : 22:59:10
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The National Human Rights Commission, The Gambia
PRESS RELEASE
NHRC/PR/27012020/(05)
27 January 2020
Violent Clashes Between 3 Years Jotna Concerned Citizens and the Police Intervention Unit on 26th January 2020.
The NHRC received with great concern news of violent clashes between members of the Police Intervention Unit (PIU) and 3 Years Jotna Concerned Citizens on Sunday 26th January 2020.
The NHRC is informed that a number of protestors and PIU officials were injured, 137 arrested and the operational license of two FM radio Stations suspended.
The NHRC in its Press Release dated 14th January, 2020, following two meetings with executive members of the 3 Year Jotna Concerned Citizens and the Inspector General of Police and some members of his senior team on January 9th, expressed its concern regarding the tension that was already brewing between the two parties.
Unfortunately, the incident on the 26th January confirmed the fears raised by the NHRC, that if the misunderstanding was not addressed, it may lead to public disorder.
Violence of this nature must be avoided at all cost. The NHRC stands by its statement published on 14th January 2020 and indulges both the law enforcement agencies, the 3 years Jotna Concerned Citizens and any other entity to exercise restraint and abide by the law.
In this regard, the NHRC is requesting that all those who are arrested are accorded due process as stipulated under Sections 17 and 19 of the 1997 Constitution; those injured are afforded the right medical treatment; and that the government reconsiders its decision to suspend the licences of Brikama-based Home Digital FM and Tallingding Kunjang-based King FM radio stations.
The NHRC reiterates that as a nation, everybody abides by the rule of law and due process to prevent anarchy and lawlessness in the country. The NHRC also reminds the State and its agents that they are the primary duty bearers who have the obligation to respect, protect and fulfil the fundamental rights of everyone living within its jurisdiction. Everyone also has the responsibility to build a peaceful and prosperous Gambia where human rights are respected and enjoyed by everyone.
The NHRC will closely monitor the situation to ensure that human rights standards are observed and maintained.
SGND: Emmanuel Daniel Joof, Chairperson NHRC |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11511 Posts |
Posted - 28 Jan 2020 : 08:47:23
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THE GAMBIA BAR ASSOCIATION
PRESS STATEMENT
Statement of The Gambia Bar Association
The Gambia Bar Association is gravely concerned about the decision of the Executive communicated on Sunday, the 26th of January, 2020 in response to the civil unrest that ensued from the “3yrs Jotna Protest” that was scheduled on the same date.
The Gambia Bar Association together with its Civil Society Partners has been closely following the events at Sting Corner and its environs. It is regrettable that the proposed march did not end peacefully and resulted in violence. As a Bar Association, we reiterate and uphold the constitutional right of citizens to peacefully assemble as guaranteed by section 25(d) of 1997 Constitution. In the same vein, we urge citizens to exercise their fundamental rights peacefully and within the ambit of the applicable laws.
We are gravely concerned by the Government’s pronouncement purportedly proscribing the 3yrs Jotna Movement and seeking to penalize any third party including the media from having any dealings or business with the movement.
The Government of the Gambia is hereby reminded that all Gambians are entitled to enjoy the fundamental freedoms of thought, conscience and belief as well as the freedom of association which includes the freedom to form and join associations.
These are fundamental rights guaranteed under our constitution. Furthermore, there is no requirement to register as an association or legal entity to enjoy the protection of the supreme law of the land.
Further, the purported suspension of the operations of Home Digital FM and King FM as well as the arrest of their proprietor and manager respectively is a troubling development. It is our view that the arbitrary suspension of the operations of these two broadcasters by law enforcement is not in accordance with the law and a very bad precedent for press freedom.
The use of law enforcement to suppress the operation of media operators is a stain on our nascent democracy and an affront to a free press. The operation of radio stations is governed and regulated by law. We therefore expect that any suspension of the operations of radio broadcasters would be in accordance with the dictates of the applicable law. As a country that promotes the rule of law as a pillar of its development strategy, we expect that this type of conduct is a thing of the past.
The Bar Association supports an independent, non-partisan and professional press fittingly called the fourth estate in our governance and accountability landscape as we seek to consolidate our democracy gains.
Whilst the Bar recognises the role of the Gambia Police Force in the maintenance of law and order, we strongly reiterate the need for restraint, as well as the legitimate and proportionate use of force to manage protests. We have credible reports of civilians including women being subjected to disproportionate use of force by the police. The heavy handed use of force by the police is a serious cause for concern.
This is unacceptable, regressive and conduct unbecoming of a professional security force; which will only further undermine the citizen’s trust and confidence in the police. We expect our law enforcement officers in keeping the peace and maintaining order to do so within the limits of law.
Our law enforcement officers must rise up to the challenge of discharging their duty whilst respecting the fundamental rights of the citizenry. It is reported that over 137 people have been arrested and in detention without access to their family members and/or accorded the right to legal advice as provided by the constitution. We call on the police to accord all detainees their constitutionally guaranteed rights.
As a fledgling democracy in transition, the intersection of the right to assembly and the public order is the biggest threat to our country`s peace. As a country, we must strike the right balance if we are to build a meaningful democracy founded on the respect for rule of law and respect for fundamental human rights.
• Going forward, we are calling on the Government of Gambia to review the Public Order Act and the management of protests by the police.
• We call on the Government to do step up its efforts to create a more conducive environment that guarantees the people`s fundamental rights to freedom of assembly whilst addressing the attendant security challenges.
• We call on the Government to continue to dialogue with all stakeholders in the quest to promote peace, unity and to consolidate our democracy gains.
• We are calling on the Gambia Police Force to desist from interfering with operation of Home Digital and King FM and allow the Public Utilities Regulatory Authority and the Ministry of Information Infrastructure Communication Infrastructure as the competent authorities to address any allegations of the violation of broadcaster’s license conditions in accordance with the Information Communication Act 2009.
We also take this opportunity to remind the law enforcement officers to be always guided by the dictates of the law and respect for the fundamental rights of the citizenry in the execution and discharge of their onerous duty as guarantors of our security.
We conclude by reiterating to the Government of the Gambia, the importance of listening and accommodating dissenting and divergent voices in a democracy.
Signed
Salieu Taal
President
Gambia Bar Association
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11511 Posts |
Posted - 30 Jan 2020 : 11:44:29
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Court remands 3 Years Jotna leaders to Mile II
Foroyaa: January 29, 2020
By Yankuba Jallow & Nelson Manneh
https://foroyaa.gm/court-remands-3-years-jotna-leaders-to-mile-ii/
A trial magistrate has remanded the chairman and other members of the 3 Years Jotna Movement to Mile II pending their arraignment before the high court.
Magistrate P. Sarr of the Kanifing Magistrate’s Court made this ruling following an intense argument between the prosecuting officer and the defence lawyer.
Superintendent M.D Mballow made an application for the matter to be transferred to the high court because the court lacks the jurisdiction to try count 3 which deals with rioters demolishing structures.
The Police Superintendent submitted that counts 1 and 2 attract imprisonment of 1 and 5 years respectively while count 3 attracts life imprisonment.
“Our laws do not confer this court with the power to try offences that attract a life imprisonment,” Mballow said.
He relied on Legal Notice number 3 of 2009 which provided for a Special Criminal Division of the High Court to try offences such as count 3 because it attracts the sentence of life imprisonment. Mballow argued that the legal notice forms part of the laws of the Gambia in accordance with section 7 of the Constitution.
“Legal Notice number 3 of 2009 takes away the jurisdiction of this honourable court to try count 3 (rioters demolishing structures),” Mballow said.
He said since the legal notice oust the court’s power to try the offence, it should transfer the matter to the high court and remand the accused persons pending their arraignment before the high court.
He said the Legal Notice was enacted by the Chief Justice in 2009 under the powers conferred on him by section 143 of the Constitution. Mballow urged the court not to grant the accused persons bail because it will be contrary to section 99 (1) of the Criminal Code. He said section 99 (1) of the Code provides bail for all offences except those that attract death and life imprisonment sentences.
Lawyer Lamin S. Camara, the lead defence counsel commenced his submission with the following statements: “I like the argument of my learned friend. Yes, the court lacks the jurisdiction to hear the case. So why do you bring us here? I applaud the argument of my learned friend, but I bet to disagree with him.”
Lawyer Camara said: “This court has the jurisdiction to try this case. This court has all the powers under section 5 (2) of the Criminal Procedure Code (CPC) (powers of the subordinate courts).”
He said section 5 (2) of the CPC provides that the court can sentence any offence authorised by law.
The senior lawyer submitted that Legal Notice number 3 of 2009 is not a law but a practice directive. He argued that the legal notice is not an Act of the National, not a rule and not a regulation but a practice directive creating a Division of a court.
“The legal notice does not oust the court’s jurisdiction to try the offences. The intent of the practice directive (Legal Notice) is contained in section 1. It provides ‘in the interest of effective case management and expeditious disposition of cases relating to capital offences,” Camara said.
He said the legal notice does not create a court instead it created a Special Division of a court, therefore, it cannot take away jurisdiction.
Lawyer Camara argued that the legal notice provided for capital offences.
“Capital offences attract death and not life imprisonment,” Camara said, adding that “death, death and not life imprisonment.”
He said the court has the jurisdiction to grant the accused person bail on all the 3 counts even though 3rd count attracts life imprisonment relying on section 29 of the Criminal Code. He said the discretion of the court to hand down judgment prescribed by law is not fettered.
“Sentence to life imprisonment is not mandatory under our laws, unlike treason which attracts death. The court can reduce sentences including life imprisonment sentences,” Lawyer Camara said.
Barrister Camara said section 208 A of the CPC does not make it mandatory for the court to transfer the matter to the high court. He said the said section has the word “may” which means it is not mandatory to transfer matters, adding that the court has the jurisdiction to try the case.
“The provision is inapplicable here because the court has the jurisdiction to try this case (and the charges),” L.S. Camara submitted.
He reiterated that the practice directive (Legal Notice) is not a law; not an Act of the National Assembly, not a rule and not a regulation.
“It (Legal Notice) does not create a court. It creates a Division,” Camara said.
He added: “The jurisdiction of the court can only be ousted by statute and not directives.”
He concluded saying “your lordship has the jurisdiction to try this case and you have the jurisdiction to grant bail.”
Mballow in his reply on points of law said section 5 of the CPC provides that the court shall not derogate from the law that confers jurisdiction to another court.
He said Legal Notice number 3 of 2009 is a law envisaged and recognised by section 7 of the Constitution. He said section 27 of the CC deals with punishment and it has no bearing on the argument.
“This court cannot deal with an offence that it does not have jurisdiction to try,” he said.
He added: “capital offence does not exclude offences that attract life imprisonment. Capital offence includes life imprisonment.”
In her ruling, Magistrate Sarr said the Legal Notice is a law and it has ousted the jurisdiction of the court to try the case. She said the Legal Notice is a subsidiary legislation and therefore section 7 of the Constitution provides that subsidiary legislation forms part of the laws of the Gambia. She said she lacks the jurisdiction to entertain the matter.
She transferred the matter to the high court relying on section 61 of the Criminal Code. She also relied on section 208A to remand the accused persons to Mile II.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11511 Posts |
Posted - 28 Feb 2020 : 08:44:32
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Pa Modou Bojang expresses dismay over radio closure
The Point: Thursday, February 27, 2020
http://thepoint.gm/africa/gambia/article/pa-modou-bojang-expresses-dismay-over-radio-closure
Pa Modou Bojang, manager of Home Digital FM which was recently closed by government has expressed disappointment over the closure of the two radio stations: Home Digital and King FM without following due process or giving any reason.
Mr. Bojang was speaking in an interview with reporters on Tuesday shortly after the government announced its decision for the reopening of the two radio stations and subsequently dropping all charges against their managers and staff who were arrested and briefly detained last month.
This decision came following the Gambia Press Union’s (GPU) and the National Human Rights Commission’s (NHRC) collaborated efforts that led to a fruitful discussion for reopen on Tuesday.
“I am very disappointed with the minister of Information and Communication and The Gambia government at large for closing and reopening of our radio stations without giving any reason. We were expecting that the government will come up with a reason for shutting down our radio stations,” said Pa Modou Bojang.
According to him, he never had doubts about the reopening of two radio stations because they had done nothing wrong.
“The only thing I will emphasise is my disappointment with the minister of Information and The Gambia government in general because due process was not followed for the closing down of the radio stations.
Author: Arfang M.S. Camara |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12237 Posts |
Posted - 28 Feb 2020 : 10:36:01
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| IN MY OPINION,The fact is that in the present day climate of "problems" that beset New Gambia at the moment SWIFT ACTION has to be taken by the administration instead of the usual talk talk,that is the way that all politicians deal with difficult circumstances that arrise which EVENTUALLY may result in some sort of action being undertaken at some time in the future,Gambia is in a period of transition now to enable the country to join the modern world of the 21st centuary. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 28 Feb 2020 10:39:15 |
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Momodou
Denmark
11511 Posts |
Posted - 28 Feb 2020 : 13:56:41
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What do you mean by SWIFT ACTION and under which circumstance?
quote:
Originally posted by toubab1020
IN MY OPINION,The fact is that in the present day climate of "problems" that beset New Gambia at the moment SWIFT ACTION has to be taken by the administration instead of the usual talk talk,that is the way that all politicians deal with difficult circumstances that arrise which EVENTUALLY may result in some sort of action being undertaken at some time in the future,Gambia is in a period of transition now to enable the country to join the modern world of the 21st centuary.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12237 Posts |
Posted - 28 Feb 2020 : 15:35:48
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The Circumstances that are generated by the media of all types that produce violent results amongst some sections of the population,which cannot be resolved without taking immediate action.
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Originally posted by Momodou
What do you mean by SWIFT ACTION and under which circumstance?
quote:
Originally posted by toubab1020
IN MY OPINION,The fact is that in the present day climate of "problems" that beset New Gambia at the moment SWIFT ACTION has to be taken by the administration instead of the usual talk talk,that is the way that all politicians deal with difficult circumstances that arrise which EVENTUALLY may result in some sort of action being undertaken at some time in the future,Gambia is in a period of transition now to enable the country to join the modern world of the 21st centuary.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 28 Feb 2020 15:39:49 |
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Momodou
Denmark
11511 Posts |
Posted - 28 Feb 2020 : 16:33:20
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I still don’t understand what swift action? I believe any action has to be according to the law.
quote:
Originally posted by toubab1020
The Circumstances that are generated by the media of all types that produce violent results amongst some sections of the population,which cannot be resolved without taking immediate action.
quote:
Originally posted by Momodou
What do you mean by SWIFT ACTION and under which circumstance?
quote:
Originally posted by toubab1020
IN MY OPINION,The fact is that in the present day climate of "problems" that beset New Gambia at the moment SWIFT ACTION has to be taken by the administration instead of the usual talk talk,that is the way that all politicians deal with difficult circumstances that arrise which EVENTUALLY may result in some sort of action being undertaken at some time in the future,Gambia is in a period of transition now to enable the country to join the modern world of the 21st centuary.
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11511 Posts |
Posted - 28 Feb 2020 : 16:55:06
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GPU President Welcomes Reopening Of Radio Stations With Mixed Feelings
Foroyaa: February 26, 2020
By Yankuba Jallow
https://foroyaa.gm/gpu-president-welcomes-reopening-of-radio-stations-with-mixed-feelings/
Sherriff Bojang Jnr, the President of the Gambia Press Union has told the Ministers of Justice and Information that the opening of Home Digital FM and King FM is welcoming, but the Union wants more from them.
Ebrima Sillah, the Minister of Information together with Abubakar Tambadou, the Minister of Justice on Tuesday held a meeting with the Gambia Press Union at the National Human Rights Commission Secretariat in Kotu to discuss the closure of the two radio stations.
The two radio stations were closed by paramilitary personnel who stormed the two stations and asked them to cease operation on the 26th January 2020.
Sheriff Bojang Jnr, the President of the Gambia Press Union described the step by the government to reopen the two stations as a positive one. He said they came to the meeting with some issues that they put to the Government including the opening of the radio stations.
“We have to admit frankly, that mistake was committed. We felt that the Government, in this case, exercised powers that it never had; that has to be clear and this is our point of view as the Gambia Press Union,” Bojang said.
Bojang said the due process of law wasn’t followed and the closure of the two radio stations was arbitrary (unlawful). He said the GPU will continue to pursue their demands, in this case, to ensure that justice is done to the two radio stations.
Bojang Jnr. said: “The opening of the two radio stations and the dropping of the charges are good, but our position is we need more than that. The idea is not just to close the radio stations and reopen them. The idea is to send a signal to whoever abused these powers which they never had , never to do it again.”
Bojang said whenever a media house is to be closed, due process of law should be followed.
Ba Tambadou, the Minister of Justice said the Gambia Government attaches importance to freedom of expression and this was why he came together with the Minister of Information to discuss with the GPU with regard to the closure of the two radio stations.
“We have held discussion with the Gambia Press Union and the Government has taken the decision to reopen the two radio stations that were closed around 26th January and to drop all charges against the journalists who were arrested as a consequence,” Tambadou said.
He said: “what we wish to say is, we have all learnt lessons from this episode; members of the GPU and Government. As we seek to strengthen our democracy, there will be shortcomings not just only on the part of the government, but also every other section of Gambian society including media practitioners.”
He added: “What is important is that when there are differences; when there are issues to thrash out, we engage one another, we discuss and resolve them.”
He said: “We are not promising a perfect government. We are not promising a perfect democracy. There will be challenges. There will be shortcomings. The important thing is to remedy and resolve those challenges when they occur.”
He said both the Government and the GPU have learnt lessons to avoid the repetition of such in the country.
“The radio stations will be opened today (yesterday),” Tambadou said.
Ba Tambadou said he won’t admit nor deny the statement by the GPU President that due process of law was not followed.
Emmanuel Joof, the Chairperson of the National Human Rights Commission said they were visited by the Gambia Press Union (GPU) and the Ministers of Justice and Information to talk about the closure of the two radio stations that were locked in January. He said the NHRC with the mandate to promote and protect human rights, investigate, monitor and receive complaints about human rights violation. He added that the Commission mediated between the GPU and the Gambia Government until an agreement was reached.
Pa Modou Bojang, the proprietor of Home Digital FM expressed disappointment with the Government saying they were not told the reasons for the closure of his radio stations. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12237 Posts |
Posted - 28 Feb 2020 : 20:49:41
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Perhaps our Dear Reader would wish to post an opinion ? If such an opinion is posted it may or may not agree with MY opinion.
Well Dear Reader the floor is yours to post or not,up to you.
quote:
Originally posted by Momodou
I still don’t understand what swift action? I believe any action has to be according to the law.
quote:
Originally posted by toubab1020
The Circumstances that are generated by the media of all types that produce violent results amongst some sections of the population,which cannot be resolved without taking immediate action.
quote:
Originally posted by Momodou
What do you mean by SWIFT ACTION and under which circumstance?
quote:
Originally posted by toubab1020
IN MY OPINION,The fact is that in the present day climate of "problems" that beset New Gambia at the moment SWIFT ACTION has to be taken by the administration instead of the usual talk talk,that is the way that all politicians deal with difficult circumstances that arrise which EVENTUALLY may result in some sort of action being undertaken at some time in the future,Gambia is in a period of transition now to enable the country to join the modern world of the 21st centuary.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 28 Feb 2020 20:51:01 |
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