Ebrima Solo Sandeng,s Killers Exposed

It has been 91 days since opposition political activist Ebrima Solo Sandeng was tortured to death by Gambian security agents, yet the government remains tight-lipped how and why he died or who participated in the cold-blooded murder. The Jammeh regime that has innocent Gambians blood on its hands only provided scanty information on a murder on the murder of the Gambia's Steve Biko who died less than two weeks after being elected the Organising Secretary of the United Democratic Party. In a court affidavit, the government said Mr. Sandeng died of resuscitation. This leaves a lot of room for questions: why was he hurriedly buried which contradicts constitutional requirement a Coroner's Inquest should determine the cause of the death of those in state custody? What happened to Solo before he needed resuscitation? Why was he not taken to the hospital? So many unanswered questions have only flared tempers as well added petrol to a rising fire. Majority of Gambians agree that the government should have come clean on Solo Sandeng story, prosecute and punish those found culpable. Offering apology and compensation to the Sandeng family and release all those detained in connection to his death would be the beginning of healing and ultimateuly closure. But dictators are natural cowards who fear the consequences of admitting fault that's why Yahya Jammeh chose not to that route.

However, what the government cannot succeed is to remain sitting on such a public interest news, especially in this Smartphone Era. Besides, Solo Sandeng's brutal murder and sentencing of opposition leadership and supporters have since changed the dynamic in the country. Even security agents cannot shut up. That's why some spy agents have decided to leak the names of thugs who tortured Solo to death, beat and raped women protesters on April 15.

Contrary to widespread belief, not a single member of Junglers or Black Black (Yahya Jammeh's killer machine squad) was involved in the fatal tortured. All of these work for the National Intelligence Agency. In fact some of them are errand boys who only provide information to the agency. These murderers who have enjoyed official indemnity are walking on the streets with pride while Solo's remains rest under a cashew tree at the NIA outpost at in Kombo North.

Below are the names of people who participated in April 15 torture, rape and murder:

Saihou Jeng (alias Sir Jeng), Director of Operations,
Bojang Director of Technical Affairs
Jebel Director
Ebou Sanyang (alias Jet Li) informant to Louis Gomez, deputy DG
Malang Sonko, boy boy (errand boy) to DG Yankuba Badjie
Lamin Badjie
Ebou Jammeh
Buba Colley
Timothy Colley
Ansu Trawally
Saikou Sanneh
Alieu Badjie
Yankuba Colley
Saloum Colley

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NIA Celebrates Conviction Of Darboe &Co

The Gambia’s spy agency jubilated the conviction and sentencing of a prominent opposition leader with a football match at the beach.

Over the years, Gambian security agents, particularly the National Intelligence Agents, have conspired to destroy the main opposition United Democratic Party at all costs. These agents have beaten, murdered, raped and disappeared opposition members but could not dampen the spirit of a people adamant for a change. After all their plans to nail coffin on the UDP had failed, the government thought the sentencing of Lawyer Ousainou Darboe and dozen others sealed the deal.

It was for this reason why the NIA Director General Yankuba Badjie organised a football match between married and unmarried agents at the beach in Banjul on Saturday. The match, won by married agents 2-1, was a show of appreciation  to the spy agents who filled their bellies with a ram brought by Mr. Badjie. It is likely that Yahya Jammeh donated the ram because Yankuba does not have the audacity to reminisce Dictator’s role.

Not all the agents wanted to celebrate injustice, impunity and abuse of power, so we heard. But their absence would have risked their lives in a country where the rule of law and due process do not matter. Their only choice was to swallow their pains and be part of a jubilation that went against their conscience.

While these agents were busy celebrating tyranny, Kairo News was putting together the names of the NIA operatives who murdered Ebrima Solo Sandeng, chained and raped opposition political activists on April. Saiho Jeng aka Sir Jeng who coordinated the tortured officiated the match. Another agent who took part in the fatal tortured was Almameh Bojang, the author of a lone goal for bachelors.

Kairo News will soon reveal the names of the NIA agents and informers who tortured Sandeng to death as well as raped innocent women until they went into coma and even peed blood.

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,,His Death Was Never Communicated To His Family,, Darboe

Lawyer Darboe of UDP - The Gambia Pre Sentence statement that was not Allowed by Justice Dada

IN THE HIGH COURT OF THE GAMBIA
CRIMINAL CASE NO. HC/179/16/CR/060/AO
BETWEEN:
THE STATE ... COMPLAINANT
AND
OUSAINOU DARBOE ... 1ST ACCUSED PERSON
KEMESSENG JAMMEH… … 2ND ACCUSED PERSON
FEMI PETERS ... 3RD ACCUSED PERSON
LAMIN DIBBA ... 4TH ACCUSED PERSON
LAMIN JATTA … 5TH ACCUSED PERSON
YAYA BAH … 6THACCUSED PERSON
BABUCARR CAMARA … 7TH ACCUSED PERSON
FAKEBBA COLLEY … 8THACCUSED PERSON
ISMAILA CEESAY … 9TH ACCUSED PERSON
MOMODOU FATTY … 10THACCUSED PERSON
DODOU CEESAY … 11THACCUSED PERSON
SAMBA KINTEH … 12TH ACCUSED PERSON
MAMUDU MANNEH … 13TH ACCUSED PERSON
NFAMARA KUYATEH … 14TH ACCUSED PERSON
FANTA DARBOE … 15TH ACCUSED PERSON
LAMIN NJIE … 16TH ACCUSED PERSON
JUGUNA SUSSO … 17THACCUSED PERSON
MOMODOU L.K SANNEH ... 18TH ACCUSED PERSON
YAYA JAMMEH … 19TH ACCUSED PERSON
MASANEH LALLO JAWLA … 20TH ACCUSED PERSON
ALLOCUTUS OUSAINOU DARBOE WAS NOT ALLOWED TO MAKE
UPON CONVICTION ON 20TH JULY 2016
May it please the Honorable Court, I am 67 years old. At the age of 19 I started the pursuit of knowledge in earnest. I focused on attaining qualification for admission to University. My goal was to read philosophy and political science. Then I had no vision. In the Christmas of 1967, I was home for the Christmas vacation. On a day, the exact date of which I cannot recollect, I found my father sitting with some of his constituents – my father was then the Honourable member representing Lower Fulladu in the House of Representatives. He introduced me to his supporters in words I have never forgotten and I will never forget i.e “Camrade (meaning comrades) this is my son, he is in form six in Gambia High School and when he is finishes his study in Gambia High School, he will go to England to study and come back to be the Commissioner M.I.D (McCarthy Island Division)”. His comrades prayed for my success at my exams and the fulfillment of my father’s dream.
From that day I had a vision – a vision to have a University degree and return to The Gambia to serve my people, particularly the people of M.I.D now C.R.D. (Central River Division). I envisioned myself going to the villages to talk to the people not just as an administrator but as their brother, cousin, nephew and son. One who can easily appreciate that the problems faced by every person in M.I.D is the same problem that my mother, aunt and uncle face.
However my father’s dreams which formed the basis of my vision in life was not to be. An incident occurred in this country whilst I was still a sixth former. The President of Senegal had made a statement which in effect described The Gambia as a nation of smugglers. This did not go down well with the well informed and educated young men of the day most of whom viewed the then Senegalese President as a neo-colonialist and such insults would not be tolerated. This statement was made a few days before the Senegalese President was due in Banjul to officially open a branch of the B.I.C.I Bank in Banjul. The occasion for the opening of the B.I.C.I. Bank provided an opportunity for some Gambians to protest at the statement that tended to show Gambia in a bad light. In the course of the protest, information reached our school that a member of the teaching Staff of the school was arrested. The class to which I belonged was the most senior class in the school. Some of us trooped out and came to the Police Station at Buckle Street, where we believed our teacher was detained. The police quickly dispersed us. I took refuge in the then Supreme Court. Although I was brought up by Gambia’s most prominent lawyer P.S. N’jie, I had never seen the inside of a court room except that day. I sat in the court room watching the lawyers arguing and I loved the Latin phrases they uttered.
On this day, I decided to disappoint my father. I no longer had the vision of becoming a provincial administrator. I wanted to become a lawyer and worked hard to pass my Advance Levels with grades that will make it difficult for a university in any Commonwealth country to reject my application for admission.
My Lady, in September 1969, I got news from the Ministry of Education that AAI secured a place for me at the University of Lagos, Africa’s Premier University, to read law and that the entire cost of my studies – University to Law School – would be met by the AAI. At University, I had the privilege and honour of being lectured by one of the most distinguished Lecturers, Professor I.O. Elias.
My Lady at the beginning of my third year in University, I started envisioning my role in Gambian society. From the cases I read in criminal and constitutional law, I concluded that I must become a State Law Officer, rising through the ranks to become Solicitor General or Director of Public Prosecution and ultimately branch off to the bench and be one of the Honourable Justices of The Gambia.
It was my vision that I will bring up my family in the way a great man, Solicitors-General, Directors of Public Prosecution or Justices bring up their families and give them the best of education, taking them for holidays to the U.K, U.S.A and of course Nigeria. My vision then as a law student was rather self-centered. The focus was on me as a person and my family.
In May 1973, I returned to The Gambia after passing my final exams for the law degree and took up appointment as a Prosecutor. Due to the state of the laws regulating the admission to the Nigeria and Gambia Bar, I could not be called to the Bar until November 1973. I became the first Gambian to pursue his first professional legal training outside, England, Ireland or Wales. I also became the first person of Provincial origin to become a lawyer and I am also the first Mandinka who with pride describes himself as Barrister.
My Lady, upon being admitted to the Bar in November 1973, I was appointed a State Counsel. I started seeing the fulfillment of my selfish and self-centered vision being achieved. I served as a Law Officer for seven years, during the period that I was in the law office, I was conflicted with myself. As a civil servant I knew I was subject to the direction of my superiors but as a Barrister, particularly when appearing in court, I held myself answerable to no one except the ethics of my profession. One of the positions I held in the Ministry of Justice was Acting Registrar General and Curator of Intestate Estates. At this time, I was also responsible for drafting of legislations. The leadership of the Gambia Workers Union was not making life easy for the Government. The Union was not in compliance with the law as to the filing of annual returns. As Acting Registrar General, I, on instructions of my superiors de-registered the Worker’s Union. I went
home in distress. I pondered on the various legal theories, I read in jurisprudence. In this particular case I saw the Marxist theory of law at play i.e that the law is an instrument of oppression in the hands of the oppressor. The governor uses the law to subdue the governed.
My Lady, since that day, I have fought hard to ensure that whenever and wherever I can, whatever I do as a lawyer will negate the Marxist theory. I became a staunch disciple of Jeremy Benthan – I subscribed and still subscribe to the view that the law must be used to promote the greatest happiness of the greatest number.
My Lady, in my humble view one of the ways to promote the greatest happiness of the greatest number is to fearlessly stand for and uphold the rights of the ordinary persons and protect them against executive excesses. I have always believed that the criminal justice system should really be used to combat crime.
My Lady, in my humble view one of the ways to promote the greatest happiness of the greatest number is to fearlessly stand for and uphold the rights of the ordinary persons and protect them against executive excesses. I have always believed that the criminal justice system should really be used to combat crime and criminals. It should never be used to get at political opponents or perceived political opponents. I expressed my total rejection of the use of the law to suppress rights in or about 1980 when a gentleman by name M.I. Jallow was brought before the Kanifing Magistrates’ Court on an allegation of murder. In those days persons accused of murder were subject to a preliminary inquiry depending on the sufficiency of the evidence, the person is either indicted on information or discharged. Section 99 of the Criminal Procedure Code was then unadulterated. The right to bail was presumed. M. I. Jallow was granted bail. The State Law Office was unhappy. I was assigned the file to apply to the Supreme Court (now the High Court) to vacate the order granting bail. Mr. Jallow was a prominent member of the “NTerrikafo”, a group of people perceived to be opponents of the then ruling party. I examined the reasons advanced by the Magistrate in granting bail and I found myself unable to argue against it. I faced my client – the Gambian state, then personified by the Attorney General in this particular instance and said to him, “I will not go to court and argue in favour of a position that I do not believe in”. My refusal to argue a case I do not believe in was dictated by my belief that when I pick up a case file and proceed to court, I cease to be bound by any directive or administrative code. I am independent but I also realized that such independence might have limits and I do not want to be bugged down by limitations – so I proceeded on five months vacation during which period I tendered my resignation. My vision of being a career Law Officer came to an end but the reasons leading to it helped shape a vision that is more altruistic.
I set up Basangsang Chambers in June 1980. The first two cases – criminal – in which I was involved as part of the defence team again revealed to me that the executive, even if the government however democratic, law abiding and benevolent may use the law to suppress dissent. I, with Mr. Secka, a lawyer of sharp intellect and profound ability defended some gentlemen who were charged for managing an unlawful society. We also defended a group of young men who were alleged to have been in possession of arms. The evidence showed that the arms were in fact bows and arrows. I stood against the misuse of the criminal justice system and sided the oppressed.
My Lady, in July 1981 there was an attempt to overthrow the democratically elected government by a group of people who did not seem united in their objective. The attempt failed resulting in massive arrests. A state of emergency was declared. I appeared and defended at least two hundred people who were brought before the Review Tribunal established to investigate the allegation of involvement in the failed coup and make recommendations to the President for their release. From 1981, I represented accused persons in some of the most celebrated criminal cases – amongst them The State v S.M. Dibba, The State V Musa F.K. Sanneh & ors, The State v Ebrima Barrow. These are some of the treason cases in which I offered pro bono services for the sake of justice. I also argued some of the most celebrated constitutional law cases – Halifa Sallah & ors, V Speaker of the National Assembly,U.D.P v AG, Kemesseng Jammeh v AG & U.D.P, N.R.P & allied Momodou K. Sanneh v AG. In the areas of administrative law, I have to my credit the case of Continent Bank v Central Bank. My Lady today in every court of The Gambia, the case of the Fatou Badjie v Joseph Bassen is cited daily in support of one or other proposition of law. I am proud that I took up some of the issues in the Supreme Court. I am gratified that in my advocacy I have contributed to the development of the jurisprudence of this country in various ways. In some of the treason cases, I was ably assisted by Mr. A.A.B Gaye of counsel.
In my practice I had the privilege of appearing before several judges the majority of them being Nigerians. They included the Honourable Justices Adeyinka Morgan, E.O Ayoola Sr, E.O Ayoola (CJ), Olatawura, Akanbi, Wali, Ejiwumi, Ahmed Belgore, A.D. Yahya, C.S Yusuf, N, Izuako, Okoi- Itam, Ihekire, Omosun (CJ). Gambia was never so blessed. I was proud and still proud that the country in which I received my legal education could produce so eminent and fearless jurists willing to serve in a sister African country to uphold the rule of law.
My Lady speaking of eminent Nigeria Jurists, it will be remiss of me if I fail to mention Honourable Justice Ota and Agim. The latter we all know was at one time Chief Justice. Before then he was D.P.P. I locked heads with him in many cases. I will just mention the cases of IGP v Omar Amadou Jallow, a senior executive member of the opposition P.P.P. and the State v Ebrima Barrow & Ors earlier mentioned. Honourable Justice Agim was one of the most accomplished prosecutors I faced. We both have enormous respect for each other. He, like Chief Justice E.O. Ayoola often exchanged views with me on legal issues and the administration of the judiciary. My Lady, in my readings of cases from various Commonwealth and Common Law jurisdictions, I became particularly impressed with the judicial valor of Honourable Justice Belgore CJN, Hon. Justice Oputa, Hon, Justice Esso, Hon, Justice Obaseki, Hon. Justice Uwais, Hon. Justice Wali, Hon. Justice Karibi-White amongst many other justices of the Nigerian judiciary. It is a fact that these justices faced the greatest challenges any judicial officer could face. They had the onerous task of dispensing justice in an era dominated by military dictatorship. Yet they demonstrated by their decisions that the law speaks the same language under a military dictatorship as under a democratically elected government. Such cases as Obuya Memorial Hospital v AG, Ojukwe v Military Governor of Lagos State are ample testimony to the fact that these justices of the superior courts of Nigeria would do nothing but to advance the rule of law and keep executive excesses at bay.
My Lady, when a Nigerian national assumes office as one of the Justices of the Superior Courts of The Gambia I look for an Obaseki, Esso, Oputa, a Wali, a Belgore, an Ejuwumi, an Ayoola, a Karibi-White and all those justices of the Nigerian judiciary who are the subject of the book titled “Tribute to Courage”. The opinions of those great defenders of the law have influenced me a lot in my practice of the law. They have provided for me the elan to be more of service to the public than to my family. It was in the spirit of serving the public that I took the risk of defending many members, ministers and public officers – of the ousted regime. In fact, I was detained by the military junta. This did not deter me in my quest for justice for those who for good reason fall out of favour with the Executive.
My lady, during the military rule, it dawned on me that any government whether a dictatorship or a true democracy turns first to lawyers for whatever its wishes to accomplish. It is the lawyers that draft the most draconian legislations. It is also the lawyers that draft and draft legislation that catalyst economic growth and development with its attendant by products. It is also the lawyers who help put in place a constitution that may or may not establish an autocratic rule.
My Lady, the preamble to the 1997 Constitution states amongst other things that “we the people of The Gambia have accomplished a great and historic task. We have had our say on how we should be governed”. My Lady, I was part of that historic task and I have had a say in how we Gambians should be governed. I did so in this very court room wherein members of The Gambia Bar Association met to make recommendations to the Constitutional Review Commission on the new Constitution of The Gambia. I was then Vice President of The Gambia Bar Association. I was also a part of a small group of lawyers comprising Mr. O.M.E Sillah, Mr. P.C.O. Secka of blessed memory, Hon Justice R.C. Sock that submitted various recommendations to the Constitutional Review Commission. Of interest to me is the independence of the judiciary. I saw then the threat to the independence of the judiciary. I believed that a provision such as Section 120 (3) of the Constitution, together with an Esso type of Judges will guarantee the absolute independence of the judiciary. I believe that with an independent judiciary no one will starve of justice. I believe that with an independent judiciary, democracy will be constitutionalized.
In August 1996, I was compelled to answer the call of Gambians who believe in democracy, constitutionalism and the rule of law to lead the United Democratic Party. It was and still is the hope of ushering in true democratic values in The Gambia. The United Democratic Party seeks to falsify Karl Marx’s theory that the law is an instrument of oppression. The United Democratic Party believes in utilitarianism – to use the law as a vehicle for the maximization of the happiness of the greatest number of people. Since 1996, I have been on the side of the law. I have encouraged my supporters to respect the law and eschew violence. That is why, except in the cases presided over by foreign nationals, members of the U.D.P who have faced prosecution in this country have been acquitted.
It is my cardinal belief that every law enforcement officer has the authority to arrest persons suspected of having committed an offence. But I reject the slightest notion that a law enforcement officer has authority to arrest any person and subject him to torture resulting in his death. This is murder. I cannot condone it, and no civilized nation will condone it.
My Lady, I objected to The Gambia Police Intervention Unit’s arrest of Ebrima Solo Sandeng and his subsequent detention at the premises of the National Intelligence Agency during which period he was murdered. His death was never communicated to his family or his political associates. There was no Coroner’s inquest to ascertain the cause of his death. His remains have not been delivered to his family. The ordeal he went through before he breathed his last breath is deposed to in an affidavit sworn to by Nogoi Njie filed in support of the habeas corpus application pending before this Honourable Court. On the same day and at the same N.I.A. premises, Fatoumatta Jawara, Fatou Camara and Nogoi Njie were brutalized by persons who one can only conclude are agents of the N.I.A. They were subjected to the most horrendous acts of brutality. They were not only humiliated by the thugs. The torture inflicted on them was more severe on the most private parts of their lives. The humiliation, the horrendous acts of barbarism meted out to these women is humiliation and barbarism to all women of Africa and The Gambia in particular.
My Lady, if these are not sufficient and good reasons for any person with conscience to go on a peaceful demonstration/procession to ask for the release of Solo Sandeng dead or alive, and to protest against the humiliation and acts of thuggery committed on these women? Every woman in The Gambia today stands in solidarity with Solo Sandeng’s wife. Every woman in Africa and The Gambia in particular stands in solidarity with Fatoumatta Jawara, Nogoi Njie and Fatou Camara.
My Lady instead of the perpetrators of these crimes of murder and torture of these women being brought before the courts to answer for their acts of criminality, I and my people are flung before the courts at the behest of our political adversary.
My Lady, I refuse to ask this court to be lenient with me because in so doing I am accepting the fact, that Mr. Sandeng deserved to be tortured to death by the security agents of this country. My Lady I know the purpose of an allocutus but I refuse to ask this court for leniency because in so doing, I break rank with Fatoumatta Jawara, Fatou Camara and Nogoi Njie who in spite of their humiliation and acts of horrendous brutality committed on them are now being persecuted at the behest of our political adversary whilst the real criminals are walking freely on the streets of Banjul and congratulating themselves for accomplishing their acts of brutality. When I was flung before the court, I comforted myself with the belief that I will have the full protection of the Constitution and other laws of The Gambia. But I was disappointed. My experience as an advocate led me to conclude that my conviction as a pre-arranged revelation in court. Every procedural rule guaranteeing my fair trial was ignored. The first theory any law student in law school learns in that Civil Procedure Rules apply to the trial of civil matters and criminal Procedure Code applies to the trial of criminal matters. My right to representation by counsel as provided for by the constitution was denied because this court ruled that we the accused persons can defend ourselves against the charges we face. I do not know which Constitution in a common law country makes a distinction between offences for which an accused person can be represented by counsel and those for which an accused must defend himself. I have not been availed the due process of law. Because of my pre-arranged conviction and because I strongly believe that my political adversaries have their eyes on this case, this court, it is very evident that this court, as some of the ex tempore Rulings show, has deprived me of a fair trial. I will not in the circumstances ask the court for leniency. To do so will be accepting that I was availed the due process of the law when I was not.
My lady, on 21st April 2016 heavily armed Police Intervention Unit Officers escorted me and my co-accused to court. Your Ladyship could not have failed to notice the presence of these armed security officers in and around the court. Since 21st April up to date each day I come to court, I do so in handcuffs. I am not indicted on any felony. All Gambians who know me will attest to the fact that I and my party members are not violent and we eschew violence by any one including members of all security outfits in The Gambia.
Putting me and my co-accused handcuffs is very symbolic and sends a significant and profound message to all and sundry. The handcuff represents the chain bondage; it shows that there is no free-man in The Gambia – we are all crawling under our political adversary who towers above all of us as a colossus. It also tells that no one can truthfully give evidence in court in a case such as the one I am involved in. It tells out in no certain terms that even Judges look over their shoulders in cases such as this. It shows that there is no one in The Gambia now is free to act according to the dictates of his or her conscience. It is my mission to reverse this unacceptable state of affairs by means that accord both the laws and constitution of this country. It is my mission to actualize for Gambians the preamble statement in the Constitution that it “provides for us a fundamental law, which affirms our commitment to freedom, justice, probity and accountability.”
My Lady, logic demands that ironies are rejected. One of the ironies in this case is that Nigerian lawyers can reject the application of the constitutional law principles expounded by eminent Judges of the courts in IGP v All Nigerian People’s Party. Those principles are being rejected because Nigerian Judges here believe that Nigerians deserve better protection of the constitutional provisions that are in pari material with the 1997 Constitution of The Gambia, but we who are born and live in the birth place of the African Charter on Human and Peoples Rights sometimes called the Banjul Charter, we who are born and live in the country that hosts the African Commission on Human Rights, the African Centre for Democracy and Human Rights Studies and other international human rights organizations, we are born and live in the natural home for an African Court for Human rights can be denied the same protection by a court presided over by a Nigerian aided by a Nigerian who pretends to be a Prosecutor. It is for all these reasons that I refuse to ask the court for any leniency.
My Lady, I am not embarrassed by this conviction. My children, brothers, cousins, sisters are not embarrassed by my conviction. My political family and my friends are not embarrassed by my conviction. Today I take pride standing amongst the likes of Chief Obafeni Awolowo, Chief Anthony Enahoro, Mallam Amunikodi, Ken Saro Wiwa,President Olusegun Obasanjo, Dr, Kwame Krumah, Nelson Mandela, Abdoulaye Wade (former President of Senegal) and President Alfa Condeh of Guinea.
My Lady I am prepared to receive the sentence that I believe has also been predetermined even before my arraignment. But before receiving the sentence, it is obvious to everyone that I am the prime target of this persecution. I would therefore ask that the other accused persons be sentenced to time already served.

Lawyer Ousainu Darboe
Party Leader and Secretary General
United Democratic Party - The Gambia.
Attachments area

Opposition Leaders Conviction An Assault on National Sovereignty,, Madi Jorbateh

Mr. President, in your meeting with the elders of Banjul and religious leaders on the occasion of Eid-ul-Fitr, you implored them to tell you the truth of what is not right. You said if they fail to do so, then they have failed the nation. I wish to take advantage to speak my truth to you. I hope you receive it in good faith.

It is with deep concern and remorse I received the news of the illegal conviction of Ousainou Darboe and 17 other decent Gambians  to three years in jail for merely attempting to walk to a police station to demand the body, dead or alive of his colleague the late Solo Sandeng on April 16. Solo, the former youth leader of the opposition UDP was arrested on April 14 and by the next day Darboe got news of his death in police custody prompting him to convene a press conference to state his position. His decision was to walk, unarmed to the nearest police station to demand the body of the gentleman. Solo, in the first place led a group of youths to Westfield junction in the centre of the Greater Banjul Area on that fateful day to protest the discriminatory and harsh electoral laws and the appalling governance situation in the country. From there, he and his colleagues were brutally repressed and arrested, and for him, never to return home to his family again.

In the entire period of the trial during the past four months many more people were arrested and detained in various parts of the country for merely attending court cases and to show solidarity with Darboe and colleagues. Many of those arrested and detained were subjected to torture as their testimonies in court showed. During the trial, the judge created various constraints to the point that the team of seasoned lawyers defending Darboe and Co had to march out of the court and leaving the illegally accused to defend themselves. Even this did not humble down the trial judge to observe the rule of law, rather he continued to disregard basic procedures. For example, on many occasions the defence lawyers and Darboe himself asked for proceedings to stop at the High Court as there was a submission they made to the Supreme Court to question the constitutionality of some charges. This is simply because the High Court, being a subordinate  to the Supreme Court cannot continue to deal with a matter that is referred to the Supreme Court which is a more superior court and yet to decide on that matter. But the judge, Eunice Dada did not relent, but continued to disregard the rule of law. Earlier, it was the Court of Appeal presided over by a three-judge panel, namely Justices A. Adegoke, Edrissa Fafa M’bai and Awa Bah which refused bail to the accused persons after spending already four months in prison including the entire period of Ramadan.

Mr. President, the Gambia is in pain. The difficult scenario unfolding in this tiny West African nation over the years is a direct assault on the sovereignty of the people. When the Gambia gained independence in 1970, it was meant to shed off the yoke of colonialism because the British had seized our humanity. They forced us pay tax which they spent as they wished without our say. They made laws to determine where we can go and what we can do and say in our own land. They created institutions that controlled the resources, wealth and the labour of our people for their benefit alone. But it was our founding fathers, from the legendary pioneer freedom fighter EF Small to IM Garba Jahumpa, Rev. JC Faye, PS Njie and Dawda Jawara and many more in the civil society, as well as the religious and traditional arena together with the masses of our people who stood up to demand that Gambians are human beings with rights and dignity that must be respected. This is how and why we became an independent nation. Independence therefore is about the restoration of our humanity – our human rights and dignity as fully fledged human beings. Independence means self determination that we must rule ourselves according to our own ideas and wishes that we translate into our own laws and institutions. We create our own government to oversee the protection of our rights and our sovereignty to determine our destiny. We elect persons among us as president and parliamentarians and councilors to manage our resources and affairs according to our will, hence democracy and development. This is the reason why we sought independence.

Thus we did not seek independence so that decades later one among us will come around to sit on our heads, and to utilize our wealth and labour and resources anyhow, and interfere in our affairs as he or she wished while we wallow underneath in hardship and misery. We did not seek independence to live in fear in our own land. We did not seek independence to be hurt by our own public officials that we elect, employ and pay. We did not create a state so that it becomes a predator that consumes us, one by one.

The peaceful protest led by Solo Sandeng is a demonstration of sovereignty. To protest is an  entrenched clause in our constitution in Section 25d, that all Gambians have a right to assemble and demonstrate peacefully and without the use of arms. The action by Ousainou Darboe is a demonstration of sovereignty because the police is a state institution responsible for the protection of our rights and lives. Hence the police is a legitimate destination to find out about any incident surrounding any individual in the Gambia, more so if it was the police themselves that arrested a citizen. In Section 17 of our constitution, the primary obligation is placed on the Executive and its agencies to protect all of our fundamental rights and freedoms which are the basis of our sovereignty. Thus the Office of the President and the police as its agency should have protected Solo to protest, and allow Ousainou to ask. In Section 17, the supreme law further places an obligation on the National Assembly to protect our fundamental rights and freedoms, but all throughout this act of abuse by the police, the National Assembly kept mute and distanced itself completely. Section 17 further identifies the judiciary as the third arm of the state with the primary obligation to interpret and apply the laws. Again, both the High Court and the Court of Appeal have not only failed to protect the right of these persons to protest and not to be tortured, but the court went further to trample on their rights by denying them bail, fair trial, presumption of innocence and the right to protest and then sentenced them to three years. This is a travesty of justice.

Imagine the case of one of the illegally accused, Fanta Darboe. Here is an innocent lady on holiday from America who happened to be a member of the family of Ousainou. The judge made her a prisoner simply because she did not utter a word in court and therefore she was guilty. Meanwhile in her ruling the judge acknowledged that Fanta and another illegally accused, Yaya Bah were not part of the event. Yet Justice Dada sentenced Fanta because she is a nurse, and acquitted Yaya because he is illiterate. Seriously? How could a fully fledged justice of the law condemn an innocent lady for merely being a nurse and keeping quiet but not part of the crime? These actions by the Gambian State therefore blatantly shows that it is not only Darboe and Co who are imprisoned, but the very sovereignty of each and every Gambian is in prison. By these actions committed by the State, it clearly shows that any Gambian who wishes to exercise his or her sovereign rights under Chapter 4 of our constitution will face similar or worse response from the State which is supposed to protect these rights and freedoms in the first place.

Can we therefore ask the Gambian state what does it wish to achieve by disregarding the sovereignty of Gambians? Is the government creating the environment for the peace and stability of the country, or are is seeking to endanger national security? History has shown that no force on earth can protect any citizen, leader or public officer in any society in which the sovereignty of the people are trampled into the mud. So long as one right is damaged for once and it is not repaired in full immediately then no one’s right and life is save in that society. Otherwise Ghadaffi, Campoare or Mubarak could have protected their rights and life, and not be flushed out by the masses of the people. The leadership of the Gambia must bear in mind that only the respect for human rights and the strict adherence to the rule of law are the only weapons that can ensure national and state security for ever. In the absence of human rights and the rule of law, society drops into a state of nature in which the survival of the fittest becomes the norm. In our lifetime we have witnessed too many regimes and so called strong rulers collapse and melt away like a burning candle simply because they disregarded human rights and the rule of law.

The Gambia has reached a situation where there is urgent need for each and every citizen, more so the various categories of leaderships in the political, social and economic arenas including the academia to raise their voices with words of justice, truth and patriotism. The country has reached a critical juncture when we must put together all of our resources and capacities to pull the nation together to uphold our uniqueness and exceptionalism that only the Gambian and Senegal share in the whole wide world. We are one family. In the Gambia I grew up, we are taught to believe and fear Allah or God; to be honest and hard working; to respect elders and venerate imams and priests. We are taught to be proud and uphold our culture of peace and hospitality and care and share. The Gambia deserves a leadership that should promote and preserve this culture and way of life to further cement the unity of our people.

Gambians, especially our political leaders, on both side of the divide must realize that the country is in pain. The country is in distress. Far too many Gambian families – mothers and fathers and sons and daughters have endured grief and pain at the destruction of their rights and lives by fellow their Gambians who by law have been tasked to protect them. Politics is the process by which people manage their resources and affairs for their wellbeing through a series of laws and institutions. Thus more than anyone, we expect our political leaders – the president as well as the opposition leaders to get out of their cocoons and look at the national interest. I cannot believe that the combination of our opposition leaders and the ruling party lack the intelligence, honesty and patriotism to salvage this country. Any Gambian who does not see that this country is falling off the cliff is either dishonest or ignorant or both. Hence the urgent need to salvage this country is now.

I wish to conclude by calling on Pres. Jammeh to give unconditional pardon to Ousainou Darboe and all those sentenced with him. I wish to further call on him to drop charges on all those undergoing trial and release them to reunite with their families. I wish to call on him to order the release of the body of Solo Sandeng and return to his family, and to investigate all cases of death, torture and rape in custody and bring perpetrators to book. I wish to advise the president that there is no winner in the way the Gambia is going. No one won in Liberia. No one won in Sierra Leone. No one won in Cote d’Ivoire. No one won in Libya. Certainly no one will win in the Gambia as it continues to cruise on that same path on which all those countries were once on and got crushed. Let us cast away our ego and vain pride out of the window and reposition ourselves on the path of reconciliation, truth and patriotism to bring the nation together. The time to save our nation is now.

One day it will not be said that Madi Jobarteh did not play his small part.

For the Gambia, Our Homeland.

UDP,S REACTION TO THE POLITICAL JAILING OF PARTY LEADERS

UDP's REACTION

We condemn the predictable and utterly unjust judgement delivered by justice Dada in Banjul today July 20 at the behest and dictation of Yahya JAMMEH the presiding tyrant of The Gambia.

The verdict, the charges, the trial process, the conduct of the security services, the attorney general, and prosecutors all reflect a corrupt and discredited effort to arrest, torture and persecute innocent citizens.

The government overtly and covertly conspired within its agencies to violate the constitution, facilitated the subornation of perjury by coaching witnesses to deliberately lie in court under oath, consistently denied all the accused due process and actively blocked lawyers from effectively serving the defendants in the pursuit of justice.

This wasn't a trial. It was a farce and an attempt by the criminal regime of Yahya JAMMEH to thumb its nose at The Gambian people in particular and the wider international community who are adamant that the government fully account for its murderous conduct surrounding the peaceful events of April 14th and 16th.

Lawyer Ousainou Darboe and his courageous colleagues who have shed their blood to free our country from tyranny are not cowered by the threats and violence of a discredited regime. They will endure whatever comes their way in their justified pursuit of the freedom and justice they know our people deserve.

Consequently, they ask every citizen and friend of The Gambia to not be deterred by the cruel and unjust conduct of this regime. Remain singularly focused on the fight for freedom, democracy and rule of law for its absence which is not lost on any Gambia is a mortal threat to the welfare of all and sundry.

Let us stand together and fight for the very life of ur country to forestall large scale conflict that unchecked oppression eventually leads to. Do not be distracted or feel helpless in this long, difficult and necessary battle.
 Tyrants have always succumbed to the will of a determined people and our Gambia is unlikely to be an exception to this universal truth. Do not be distraught . Stay strong, stay united in purpose and do not deviate from battle for freedom.

Lawyer Darboe,s Wife Salutes Him

   

The senior wife of the  remanded opposition leader of the United Democratic Party in the has told his husband’s untold story. This story Lawyer Ousainou Darboe has never made public.

“I want Gambians to know that Ousainou Darboe is a honest and upright person, a person who values and respects  human dignity and believes in justice. He is also a person who hates injustice,” Maimuna Ndure-Darboe said.

She explained how her husband refused to betray justice in his early years of his career. Mr. Darboe resigned as the Administrator of Curator’s office after a brawl with his boss who wanted Ousainou to bend the law in someone’s favour. He refused flatly telling his boss “I’ll strictly follow the law,” much to the anger of his boss. The now deceased boss asked why Ousainou would embarrass him in public. But Darboe’s reply was: you asked me in public and I reply you in public.”

Since after that event the boss refused to assign him any more  responsibilities.  “Darboe would go to work and find his desk empty. He couldn’t withstand the humiliation and quickly tendered resignation,” Maimuna Ndure Darboe.

Upon hearing the news, former President invited Ousainou to state house asking him to explain what exactly happened. Sir Dawoda Jawara wanted Ousainou to rescind his resignation until he completed investgation. Mr. Darboe appreciated Jawara’s efforts. “As a noble Ousainou said he could not tweak his words, more so work under the same corrupt boss. He said he might come to work for the government in a different way. What I’m saying is the fact, Sir Dawda is still alive.”

Mai remains a solid rock of Ousainou Darboe, the husband “who has never put tesrs on our cheeks. In his Eid-ul-fitr message, Ousainou praised me and Sally for standing by him during this very challenging and trying time. But I think we are the ones who should praise a husband who has never put tears on our cheeks. Throughout our marriage with him, Ousainou Darboe stood by us – in times of good and bad. We cannot therefore pay such a kind husband. Only Allah can pay him. As the saying goes: goodness must be rewarded with goodness,” Mai said.

“Ousainou we stand by you. You’ve prepared us that you’d be locked up. Whatever the case, we’re proud of you and we’ll stand by you and your colleagues who want to uplift suffering from each and every Gambian, including women, youths and elders. The Gambia will triumph no matter how long it takes.

“Yaya Jammeh should know that the power he is abusing belongs to the people. Gambians have had their eyes opened. We’ve seen skyrocketing of basic food. Opposition is only your opponent but not your enemy,” Mai said, reminding President Jammeh that Ousainou Darboe is only his (Jammeh’s) opponent. She said Jammeh’s enemies are his torturers and cabinet ministers. “If the cabinet wants truth to prevail they should advise you on your thuggery. They clap for you in the open but do different thing behind your back. Your problem is that those working for you are the one who do not want anything good for you and the country.”

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Appeal Refuses Darboe & Co. Bail

The Gambia Court of Appeal presided over by a panel of three judges, namely Justices A. Adegoke, Edrissa Fafa M’bai and Awa Bah, yesterday unanimously refused the bail appeal of Lawyer Ousainou Darboe, party leader of the United Democratic Party (UDP), and 19 others.

The other appellants are Kemeseng Jammeh, Femi Peters, Lamin Dibba, Lamin Jatta, Yaya Bah, Babucarr Camara, Fakebba Colley, Ismaila

Ceesay, Momodou Fatty, Dodou Ceesay, Samba Kinteh, Mamudou Manneh, Nfamara Kuyateh, Fanta Darboe, Lamin Njie, Jukuna Suso, Momodou L.K. Sanneh, Yaya Jammeh and Masanneh Lalo Jawla.

Delivering the lead judgment, Justice Adegoke said the applicants are standing trial at the Banjul High Court on seven counts of unlawful assembly, riot, incitement of violence, interfering with a vehicle, holding a possession without a permit, disobeying an order to disperse and conspiracy to commit felony.

She added that the appellants applied for an oral bail application, which was refused, and they were ordered to file a bail application, which was equally refused.

She added that the grounds of appeal of the appellants were that the trial judge held that a prima facie case had been established against the accused persons when no evidence was given yet; that they were not given the opportunity to be heard; that the trial judge erred by saying the accused persons abused their liberty; that the trial judge convicted them before the commencement of the trial; that the trial judge failed to consider that all the charges against them were misdemeanours, and that the trial judge failed to use the Gambian law instead applied the Nigerian law.

She said the applicants contended that a prima facie case was made after the end of the prosecution’s case.

She added that the prosecution argued that the trial judge should consider all the evidence against the accused persons, even though it is yet to be tested by the court.

She noted that the applicants further argued that the trial judge’s decision was “erroneous”.

Justice Adegoke said it was the view of the court that in granting bail the trial judge should and was expected to closely look at the strength and character of the evidence before it.

The appellants argued that the trial judge was “bias and prejudicial” towards them when he said, ‘’I found that the offences were allegedly committed by the applicants.”

“Bias is a serious allegation against a judicial officer, and whosoever alleges it must substantiate it with facts,’’ she said.

She said the prosecution said if the appellants are granted bail they would jump bail, would commit similar offences and that the charges the applicants are charged with threaten the security of The Gambia and that more charges might be preferred against them.

She added that she did not see in the records where the applicants filed an affidavit of reply debunking these facts by the prosecution.

She added that she was in agreement with the learned trial judge that where facts are not controverted they are true.

“Based on the foregoing, this appeal therefore failed in its totality and it is accordingly refused,’’ ruled Justice Adegoke.

Justice Awa Bah and Justice Edrissa Fafa M’bai associated themselves with the lead judgment delivered by Justice Adegoke.

Author: Halimatou Ceesay

Courtesy of www.thepoint.gm

Ends

Baby Aisha’s Mother And Lilly Bojang Re-Arrested

News just reached Kairo News that the mother of a month’s old baby has been re-arrested by the police. Khaddy Fatty and baby Aisha Fatty spent a week in police detention in May after they were arrested together with other opposition protesters. Kaddy’s husband has been detained since April 14th.

Kaddy Samateh who appears before Kanifing Magistrate’s Court today has had her bail revoked and taken to police headquarters in Banjul. Also the government whose leader claims to have empowered and championed women’s advancement revoked  the bail of Lily Bojang. The Bright woman’s health had seriously dwindled during an earlier detention.

However, the court maintains the bail of three other women. It wasn’t clear why Fatou Sarr, Amie Touray, and Isatou Saidy had their bail maintained while their co-accused were not.

Kaddy and Lily are currently held at Banjul police cell. Their lawyers and supporters have since flooded Banjul police.

The sixth accused is reported to be out of Gambian jurisdiction. Sukai was targeted purposely for being the face of the Gambia’s Calabash (Kalama or Mbatu) Revolution. 

In another development, United Democratic Party leader Lawyer Ousainou Darboe and 18 others will return to the dock tomoDarboe and co to be in court Tuesday the 12 of July.

Ends

Obama Speaking At The Canadian Parliament

“When refugees escape barrel bombs and torture, and migrants cross deserts and seas seeking a better life, we cannot simply look the other way. We certainly can't label as possible terrorists vulnerable people who are fleeing terrorists. We can insist that the process is orderly. We can insist that our security is preserved. Borders mean something. But in moments like this, we are called upon to see ourselves in others, because we were all once strangers. If you weren't a stranger, your grandparents were strangers. Your great-grandparents were strangers. They didn’t all have their papers ready. They fumbled with language faced discrimination, had cultural norms that didn’t fit. At some point, somewhere, your family was an outsider. So the mothers, the fathers, the children we see today—they’re us. We can’t forsake them.” —President Obama speaking at the Canadian Parliament. Learn more at AidRefugees.gov #Refugee sWelcome

Madiky Another Forgotten Detainee

 

Madikay Faal has since February this year joined a list of forgotten illegal Gambian detainees. The dismissed former National Intelligence Agency officer was arrested on February 16th, 2016. Like most illegal detainees, Madikay has neither been charged, nor appeared before the court, which violates his constitutional rights. He remained detained at the NIA cells in Banjul until recently when he was moved to Mile II Central Prisons.

He has been denied access to family and lawyers.

Mr. Fall had previous brush with the law culminating in his conviction. He served nine months and released. However, Faal’s current arrest and subsequent detention which resulted after he had reported to the NIA headquarters in Banjul, left his desperate family searching for answers. The family doesn’t understand why Madikay was invited to the NIA only to remain in detention yet no one explains the reasons for holding a family man. As a former NIA officer, Madikay knew any could have happened to him once he landed at the agency. It was for this reason that he had alerted some friends and family members before leaving for Banjul.

After hours of not seeing or hearing from him, Madikay’s wife walked to the agency’s office demanding to know the whereabouts of her husband. At first she was told her husband was held at the NIA but spy agents blinked when Mrs. Faal insisted that her husband had responded to NIA’s phone invitation and that he had not returned or reached by phone. It was then that secret agents on duty confirmed Madikay’s detention at the NIA.

Madikay Faal is an ex-soldier of original Gambia National Army who joined the NIA in 1995. Faal was detained for three months and dismissed from the NIA. He was released only after his family paid over two hundred thousand Dalasis.

Gambian prisons and detention centers are filled with many forgotten detainees like Madikay.

Ends