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toubab1020
12237 Posts |
 Posted - 24 Jun 2022 : 15:48:44
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And so the row rumbles on ond on....dispite Court judgements.
It is obvious that in order to solve this problem MEANINGFULL negociations have to take place amongst ALL the parties involved and a solution worked out.
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The rule of law must take presidence in a demcratic country such as GAMBIA
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https://standard.gm/gambia-news/nenneh-vows-to-sue-barrow-if-he-steps-foot-on-disputed-land/
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By Omar Bah on June 24, 2022
The Global Home of Medical Mission country representative has vowed to sue President Adama Barrow if he steps foot on the company’s Bijilo disputed land to lay the foundation for a hotel.
The government and Global HOMM have been battling over ownership of the land which was taken from the organisation by former president Yahya Jammeh.
The organisation left the country but returned after Jammeh lost his 2016 re-election bid and sued the government in an attempt to regain ownership of the land. In 2020, the high court ruled that the land be given back to Global HOMM. The government wants to use the land to construct a hotel as part of infrastructural development for OIC Conference.
Last year, the OIC secretariat together with its purported investor, contractors, and engineers visited the said property for inspection and the president is expected to lay the foundation stone next month.
But Nenneh Freda Gomez said she still believes that is just a plan.
“Even though they have made statements that in July the president is going to come to lay the foundation stone. I don’t know what authority the president has to come and perform such an action. But let’s watch and see the president who is supposed to protect all of us, who is supposed to be promoting the rule of law, who is supposed to be making sure the right thing is done, who is supposed to be making sure our judiciary is functional, who is supposed to be making sure nobody compromises the sanctity of our judiciary.
Let’s see if he himself will be in contempt. Because if the president comes here, I am not inviting him. It’s not going to be on our invitation and he also will be trespassing on this land and he will be sued, he will be charged with contempt. We will make sure we go to court to file contempt proceedings against him because nobody is above the law,” she said.
Madam Gomez described as false Justice Minister Dawda Jallow’s claims that there were two ongoing litigations concerning the land.
“I want to remind the AG that the state made an attempt by way of an application to strike out the suit on the representation that the property was one of those acquired by Yahya Jammeh and therefore a subject of the Janneh Commission, which was in fact false. The said application was dismissed by the court,” she added.
She added that the state had accepted payment of land rent from the Mission in the sum of D589,500 covering the period of 2007 to 2020.
“It is unimaginable that as a lawyer, the Attorney General would state that the judgements/orders of the courts in favour of the Home of Medical Mission are unenforceable. It is a basic principle of law that all judgements and orders of courts are valid and subsist until set aside. Even the layperson knows this basic principle,” she added.
The state through the AG, Nenneh added, continues to take the law into their own hands and blatantly disobeying and disrespecting the orders of the courts by using state-owned security apparatus to trample on the rights of citizens.
“If left unchecked, their distasteful actions will surely compromise the sanctity of our courts and render the rule of law in this country futile,” she added.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou
Denmark
11512 Posts |
Posted - 24 Jun 2022 : 16:07:29
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Disobedience and Abuse by The Gambia Government
By Madi Jobarteh
The blatant abuse of power and utter disregard of court orders by The Gambia Government against Global HOMM should outrage the conscience and concern of each and every citizen to stand up in defense of this charitable organization and its country director Nenneh Freda Gomez MP.
On Thursday June 23 Neneh was denied once again entry to the legally owned property of her organization after several decisions by various courts that the property belongs to them. Not only did the courts certify her organization is the rightful owner of the place but also Global HOMM is up to date on the payment of rates for the property hence indicating that the Government itself has confirmed their ownership otherwise they would not have accepted the payment of taxes.
Yet The Gambia Government, without fear or shame and in total disregard of the Constitution continues to disobey the decisions of constitutionally established courts in this country. None more than the Government has the obligation to uphold court rulings. Yet it is that same Government that is seen acting in total contravention of the Constitution which had given judicial power to the courts and enjoins all to respect its decisions.
In Section 120 of the Constitution, after the courts were established and vested with judicial power and to be independent and not subject to the authority of any person or authority, subsection 4 went further to place a special obligation on the Government to respect and assist the courts as stipulated here,
“The Government and all departments and agencies of the Government shall accord such assistance to the courts as the courts may reasonably require to protect their independence, dignity and effectiveness.”
Therefore, on what authority or imagination should The Gambia Government disregard a court ruling as in this case involving Global HOMM?
This case is serious and all Gambians must be worried, concerned and agitated. This is because the very foundation of our republic is that there are three separate centers of power which are independent of each other. They should not interfere with but to respect each other. This is precisely to ensure that all power is not vested in one person or authority. This is to prevent abuse and corruption.
This is meant to ensure that power is restrained as the three organs serve as checks and balances against one another hence allow the rule of law to prevail. It is only in this context that accountability prevails in which case human rights are protected and justice is dispensed and sustainable development is delivered to the people.
Hence when a court judgement is flouted by anyone in society then the very foundations of democratic governance and the republic are threatened. Flouting court orders simply means one wishes to bring about the survival of the fittest, that is, might over right. This is clearly what The Gambia Government has done by disregarding a court order and then using armed police to deny lawful owners enjoy their rightful properties.
Thus let it be known that The Gambia Government has just committed armed robbery. It’s actions are no different from pirates in the high seas and armed robbers in our communities who disregard the Constitution by forcefully seizing people’s lawful properties.
Even more serious is the fact that this action by the Government tantamount to contempt of court which is a criminal offense. By this action, it means the Government has become not only a disobedient rogue entity but also has disrespected and disgraced the courts.
The dignity of the courts has been guaranteed and protected by the Constitution. This is further reinforced by citizens and entities by submitting themselves to the decisions of the court even if they disagree. This is what happens in a civilized democratic republic.
Hence when a citizen or any entity and especially the Government flouts a court decision, it does not only mean disobedience but it also means disgracing and ridiculing the dignity of the court. That’s assault. That is a heinous crime from a democratic and republican standpoints.
The court has no police or army to enforce its decision. It relies on citizens, entities and Government to enforce court decisions by accepting those decisions. Therefore if a citizen or any entity and more seriously the Government flouts a court decision then this is the highest disrespect and assault on the court.
For the Executive arm of the state to flout a court decision means usurpation of the power and status of the Judiciary as a pillar of the State. Technically that tantamount to a coup d’etat since it means an organ of the State is knocked down. This is what The Gambia Government has just committed - a coup d’etat.
All citizens must therefore stand with Global HOMM by realizing that if this abuse of power and disobedience should stand then it means no other citizen or entity is save in this country. It means my property and your property and indeed any of our rights can also be stolen today or tomorrow by the Government and nothing comes out of it. That’s impunity.
The Government must be told to pull back its armed police from that private property and submit itself to the court rulings on this case. The Government must be told to follow due process and not to trample upon it. The Government must be told to compensate Neneh and Lamin Sey as ruled by the courts.
Pres. Adama Barrow promised system change and ‘Never Again’ in his 2016 presidential elections manifesto. That manifesto was set against such actions that his Government is now perpetuating six years down the line. Let us not allow him. Let us stop the Government from becoming a vagabond on our heads.
I hereby call on all Gambians to join Neneh Freda Gomez the next time she visits their lawful property in Bijilo. Let us all go with her and occupy that property in solidarity with Global HOMM and in defense of our own rights and lives.
Adama Barrow and Dawda Jallow and Abdoulie Sanyang do not own this country alone. They are public servants meant to uphold the law, protect human rights and respect court rulings. Failure to do so means they are in contempt of not only the courts but also in contempt of the Constitution and disrespecting the supremacy and sovereignty of citizens as stipulated in Section 1(2) of the Constitution.
Stand up. Speak up.
For The Gambia Our Homeland |
A clear conscience fears no accusation - proverb from Sierra Leone |
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toubab1020
12237 Posts |
Posted - 30 Jun 2022 : 12:06:08
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https://standard.gm/gambia-news/ag-says-homms-lease-has-been-cancelled/
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Press release on June 29, 2022
The public is hereby informed of the Ministry of Justice’s position on the ongoing Home of Medical Mission land issue. The Ministry wishes to draw the attention of the public to its previous statements on this matter.
It is important to reiterate that the purported lease was wrongfully issued under executive directive by former President Jammeh to an entity that we now know does not exist. It is also important to note that to date the only determinations made by the Courts are with regards the issue of possession and the legality of the process of cancellation of the lease.
Notwithstanding these judgments, which in both cases were arrived at with the consent of the state in order to follow due process, the state is still at liberty to pursue other administrative action in respect of the purported lease as provided for by the laws of The Gambia.
The assertion that the recent ruling of the Court confirms the title of “Home of Medical Mission” is erroneous and misleading. The Court did not make any such affirmation but simply stated that it did not have jurisdiction to review its previous judgment.
It is crucial to reiterate that Home of Medical Mission does not exist and as such any lease issued to it is null and void. As a result, the public is hereby informed that the purported lease in the name of Home of Medical Mission has been cancelled.
We take this opportunity to inform the public that the Government is committed to due process and to national development. The land in question, located within the Tourism Development Area, has been set aside for the construction of a five-star hotel co-owned by Government.
This facility will be instrumental in the hosting of the upcoming OIC summit, and will significantly boost the tourism industry and provide crucial jobs both during the construction and operational phases. |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12237 Posts |
Posted - 05 Jul 2022 : 12:02:44
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https://foroyaa.net/what-is-the-ruling-of-the-high-court-on-the-attorney-generals-against-judgment-in-favour-of-ghomm/
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QUESTION OF THE DAY
On 29th June, 2020 judgment was entered in favour of Global HOMM in their case against the Attorney General, the Minister of Lands and Regional Affairs and the Director of Lands and Surveys. This simply confirmed ownership of the land by GHOMM and that the state should leave said property. The state did concede to the claims of GHOMM.
However, on 25th October, 2021 the state turned around and filed an application for this judgment to be set aside. This is what led to the ruling of 20th June 2022 of Justice Achibonga of the High Court.
In their application, the state contended that their search at the companies registry indicates that GHOMM does not exist as a legal entity and therefore lacked the capacity to institute the case and as a result the court also lacked the jurisdiction to hear and determine the matter and that the judgment cannot be enforced since GHOMM does not exist as a legal entity.
The court, in its ruling, drew a distinction between capacity and jurisdiction, arguing that while capacity of a party to the suit may change during trial that does not apply to jurisdiction; once a court lacks jurisdiction so shall it be at any time.
The court further stated that the issue of capacity can be raised during the suit, up to judgment but not thereafter; and that to entertain such would tantamount to rehearing the suit. Justice Achibonga pointed out that the state entertained the participation of GHOMM in the case and even conceded to their claim, only to say it does not have the capacity after judgment. The court held that it is too late in the day for the state to raise the issue of capacity.
Justice Achibonga also argued that the court cannot vary its own judgment or order unless it is void as one that is unwarranted by any rule of law or one that the court is induced to make through fraud/mistake. In conclusion he noted that since there is no evidence that the judgment is void, he does not see how he can set it aside. He thus concluded that the court does not have the jurisdiction to set aside the judgment of 29th June 2020. He then dismissed the application of the state.
All litigants should abide by judgments and rulings of courts or resort to appeal on time to higher courts to overturn the rulings or judgments of lower courts. This is due process and the foundation of the rule of law.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 05 Jul 2022 12:03:26 |
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toubab1020
12237 Posts |
Posted - 08 Jul 2022 : 10:23:24
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https://standard.gm/opinion/letters/ghomm-vs-the-state-state-bullying-or-bureaucratic-bungling/
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An interesting quote from the summary from Kexx Sanneh (on Facebook) on the case of Global HOMM: “In their application, the state contended that their search at the company’s registry indicates that GHOMM does not exist as a legal entity and therefore lacked the capacity to institute the case and as a result the court also lacked the jurisdiction to hear and determine the matter and that the judgment cannot be enforced since GHOMM does not exist as a legal entity.”
The question is – was the search in the company registry for GHOMM limited to the local register of companies at the Registrar General of the Attorney General’s Chambers or was it a worldwide search of the existence of GHOMM as a company globally? The point is – if the search has been limited to the local or national register only, does that disqualify any company (any legal entity) from owning or being allocated State land that is not registered locally? If so, by extension – does that disqualify a non- Gambian or a non- citizen from owning or being allocated State land? If this premise is wrong (most probably so) then – has GHOMM been registered in some other country (say Canada)? If so, can Ms Gomez provide such evidence to refute the claim of non-existence of GHOMM as a legal entity?
This case seems murky and bungled by tendencies of a forceful bureaucracy trying to enforce the will of the State. Clearly, the State has the right to any landed property but a process needs to be followed. That’s the essence of institutions in a democracy and respecting their decisions is part of strengthening them and not weakening them by finding excuses and loopholes around their processes and decisions.
The confrontation is totally unwarranted – rightly or wrongly, it smacks of bullying. There is a better way by the State than seeking administrative “loopholes” to enforce its will. It is as if a bureaucracy is trying to justify a misplaced advice that has earlier been given. The most forthright approach from the very beginning was to simply apply the concept of eminent domain especially after the loss of the first court case by the State.
Ms Gomez is a citizen and it is the responsibility to protect citizens which should include understanding their plight and finding an amicable solution. Investors are generally interested in the manner in which the State handles judicial matters and the approach could send the wrong signals.
From an administrative point of view, one would have evoked a compulsory purchase order and also provided an alternative allocation (perhaps outside the Tourism Development Area) that is suitable for the land use being proposed (considering the proposed social service to be provided – a hospital).
The matter now seems to require a political decision or intervention rather leaving it, in what seems, with the bureaucracy, in order to take account of the image of governance of the country. By that, a compromise should be sought – GHOMM to be reallocated, and have their status regularised if need be, and government to pursue the use of the land in accordance with a public purpose objective – a settlement out of Court.
Just Thinking Aloud.
Lamino Lang Comma
Brikama
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12237 Posts |
Posted - 08 Jul 2022 : 16:30:27
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https://thepoint.gm/africa/gambia/headlines/gpu-condemns-arrest-of-journalist-yusef-taylor
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Jul 8, 2022, 11:11 AM
Press release
Fajara, 7 July, 2022 – The Gambia Press Union (GPU) has received official reports that on the 5th of July 2022, Yusef Taylor, a journalist who is also the Editor-in-Chief of Gainako online, was arbitrarily arrested and reportedly charged with “obstructing a police officer in the execution of his duty”.
Mr. Taylor was detained at the Senegambia Police Station for four hours after attempting to report on the latest arrest of Neneh Freda Gomez and Lamin Sey of the medical charity, Global Home of Medical Mission (Global HoMM).
Global HoMM is involved in a dispute with the Government of The Gambia over a plot of land for which the former has obtained court judgements in its favour as being the rightful owner of the land on which the government is said to earmark for the construction of a hotel for the 2022 OIC Summit.
Mr. Taylor has consistently reported on this case including fact-checking government statements and narratives on the matter, and had found some of these claims to be “false or misleading”.
He was released late Tuesday evening and said he was informed by the police that he is charged with “obstruction”.
Taylor was arrested after police officers forcibly tried to remove him from the station’s premises (thereby assaulting him) when he tried to enquire about the detention of the Global HoMM representatives Neneh Freda Gomez and Lamin Sey.
After initially trying to force him out of the station in a highhanded manner, leading to the tearing of his shirt, the officers then decided to drag Mr. Taylor into the station and lock him up in one of the cells, according to a colleague who witnessed the incident and a GPU Safety Officer who visited the police station where the journalist was held.
“The GPU condemns the actions of these officers in their entirety, and is dismayed by the unfortunate never-ending trend of journalists being assaulted by security personnel, especially the police,” GPU President, Muhammed S. Bah, said.
This incident is reminiscent of the events of June 2020, when Ebou N. Keita was arrested, detained, and later released without charge for photographing police officers arresting people protesting against the country’s COVID-19 restrictions.
“It is also a stark reminder that while the exercise of free speech and press freedom guaranteed under the 1997 Constitution has significantly improved since 2017, more needs to be done to better protect the rights of journalists who continue to come under attack from security forces for simply carrying out their constitutional duty of holding the government accountable,” Bah said.
The GPU calls on the Gambia Police Force to exercise restraint and cease from the use of force on journalists who have a significant mandate of not only holding the government to account, but promoting the public’s right to know – a fundamental aspect of freedom of expression, access to information and the promotion of democracy and good governance.
On July 7, 2022, Mr. Taylor informed the GPU that he was called by the police and asked to report to the same police station where he was held on Tuesday. He is also asked to report to the police today, July 8 at 1pm.
The alleged offence is considered assault under section 230 (b) of the Gambia Criminal Code which carries a two-year prison term if one is found guilty, according to GPU research.
“We call on the police to drop the charge of ‘obstruction’ against Mr. Taylor without condition and stop the continuous harassment of the journalist by asking him to be reporting to the Senegambia Police Station,” GPU Secretary General, Modou S. Joof, said.
“Journalists are not the enemy, and we believe that the principles of the Constitution can only be upheld when journalists are allowed to do their work without harassment, intimidation, and arbitrary arrests,” Joof said.
The GPU is committed, ready and willing to continue engaging state authorities and security sector leaders with a view to promoting an enabling environment for press freedom, especially with regard to the safety of journalists.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020
12237 Posts |
Posted - 18 Jul 2022 : 13:39:23
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HERE it is the Latest.
SNIPPET:"Bijilo, Sunday, 17th July 2022 – The President of the Republic of The Gambia, His Excellency Adama Barrow will lay the foundation stone for the construction of the highly anticipated five-star Radisson Blu Banjul Hotel on 23rd July 2022 at 4: 00 p.m."
From a NEW TOPIC> as THIS ONE is now part of history refer to this topic in a link if you think it useful.
https://www.gambia.dk/forums/topic.asp?TOPIC_ID=18282
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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| Bantaba in Cyberspace |
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GHOMM and their never ending struggle.
