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Stakeholders Deliberate on Musawah

Tuesday, October 07, 2008

Stakeholders in the country, recently, took part in a one-day national consultative meeting held at the Head office of the Gambia Committee on Traditional Practices (Gamcotrap), in Bakau. Accordingly, the forum was meant to introduce the participants to Musawah (equality).

According to Dr. Isatou Touray, Executive Director, Gamcotrap, Musawah is a global movement for equality and justice in the Muslim family. Its overall goal, she said, is to provide support for national and regional initiatives that push for equality and justice within the by sharing information, tools and analysis of justifications for reform and by ensuring visibility on the issues.

Musawah, she noted, declares that change is necessary because many Muslim family laws and practices are unjust and do not respond to the lives and experience of Muslim families and individuals. She stated: “Musawah declares that change is possible through a framework of equality and justice that is consistent with Islamic teachings, universal human rights principles, among others.

She revealed further that the movement and its declaration of practices would be launched at a global meeting to be held in Kuala Lumpur, Malaysia, in February 2009.

Other speakers at the meeting included Dr. Omar Jah, Aja Maimuna Savage, Imam Baba Leigh and Mrs. Adelaide Sosseh-Gaye. They all welcomed the initiative, acknowledging the various forms of injustice that women face in our societies, which call for change.

Author: DO

Justice Naceesay Sallah-Wadda Fired

Friday, September 12, 2008

According to reliable sources Justice Naceesay Sallah-Wadda has been removed from office as a High Court judge yesterday. No official reason was advanced to this paper.

Justice Naceesay Sallah-Wadda was the one presiding on the Carnegie Mineral case amongst other cases.

It will be recalled that since July three Judges had been fired.

Source: Picture: Justice Naceesay Wadda

Justice Agyemang Takes Leave of The Gambia

Friday, September 12, 2008

After four years of excellent service in The Gambia as a High Court Judge under the Commonwealth Assistance Scheme, Justice Mabel Maame Agyemang has taken leave of The Gambia.

A farewell ceremony was organised for her yesterday at the Chief Justice’s Chambers, Law Courts Banjul.

In his farewell speech, The Gambia Chief Justice Abdou Kareem Savage said The Gambia and Ghana had a lot in common to share which has been demonstrated by Justice Mabel Maame Agyemang by her good work during her four year tenure as a High Court judge. He said the Gambian public were very happy with her good work especially the Judicial fraternity and she will also be remembered.

For his part, Justice Agim, president of The Gambia Court of Appeal, said Justice Agyemang is a great judge, adding that what determined the value of a good Judge is the good judgement. He said some may not be happy with her decisions, but life is all about that. Justice Agim added that to build a good judicial system you must have a knowledgeable Judges like Justice Agyemang. He stated that we must have effective judicial system by having efficient Judges like the outgoing Justice Agyemang. He said the legal profession is all about learning, adding that Justice Agyemang’s achievement was recognised that why she was elevated to a substantive Appeal Court Judge.

Lawyer Borry Touray, who spoke on behalf of the bar, said the farewell ceremony is a great moment in the history of the judicial system. He said Justice Agyemang had been true to the Republic of The Gambia and to the judicial system. He added that Justice Agyemang had played a very important performance as she had cleared all the backlog of cases and she had not left any of her cases behind. On behalf of the bar he extended their appreciation to Justice Agyemang for the excellent service she rendered to the nation and to the Judicial system.

Dr Hendry Carroll, Solicitor General and legal Secretary at the Attorney General’s Chamber, spoke on behalf of the Government.

For her part Justice Agyemang thanked the judicial system, bench and bar for the support given to her during her four-year tenure as a High Court judge of The Gambia.

According to records, Justice Mabel Maame Agyemang, who served the land and civil division, Commercial division and Criminal division completed about 365 files during her four-year tenure in The Gambia as a High Court judge.

Author: By Modou Sanyang

Source: Picture: Justice Mabel Maame Agyemang

Alleged baby killer acquitted

Thursday, September 11, 2008

One Cherno Jallow, who was facing a criminal charge of murder, contrary to Section 187 of the Criminal Code Cap 10 Volume 3, Laws of The Gambia, was last Monday discharged and acquitted by Justice Mabel Mammy Agymang of the Criminal Division of the High Court in Banjul.

Mr Cherno Jallow, was accused of murdering the late Saikou Tida Jallow, a charge which he had denied from the inception of the trial.

Delivering her judgement, Justice Mabel Mammy Agymang made extensive reference to the litigation with support from the evidences adduced by both prosecution and defence witnesses, as well as the postmortem report on the body of the murdered baby, which was exhumed.

According to the High Court judge, the prosecution has a duty to prove the case beyond reasonable doubt or to prove the case to a degree of certainty, in the absence of which, no tribunal of law can convict an accused person.

“The evidence laid in this court was that, the baby was dead but the prosecution did not prove that the accused killed the baby or that the baby died in the custody of the accused.

The report of the post-mortem conducted on the baby linked the cause of death to suffocation but cannot tell whether the accused is responsible or not,” she stated.
“The prosecution failed to prove their case beyond reasonable doubt against the accused person and the court, therefore, accordingly discharges and acquits Cherno Jallow of the charge preferred against him,” she concluded.

Author: by Sanna Jawara

Justice Secy Assures Children of Protection

Tuesday, August 26, 2008

The Attorney General and Secretary of State for Justice Mrs Marie Saine Firduas has reassured children in The Gambia of government’s strong commitment to protecting and promoting their welfare.

Justice Firduas gave this assurance yesterday at the Baobab Lodge in Bijilo during the opening ceremony of a four-day summer camp on life skills for children.

The camp, which is being organised by the Child Protection Alliance (CPA), brought together 30 participants from different parts of the country.

“As a government, we will do everything in our powers to ensure that children are protected from these child perverts and exploiters. We will stringently apply the provisions of the Children’s Act 2005 and other laws that protect children,” Secy Fridaus said.

She added that they would leave no stone unturned in ensuring that perpetrators of heinous crimes against children are brought to justice. “Our children remain our priority and their future is the focus of our development efforts. Anyone who wants to derail our goal for our children will have to face the full force of the law,” she said.

Secy Firduas lamented that hardly a day passes without one reading in the newspapers about one form of abuse, exploitation or violence perpetrated against a child in one part of the country or the other.

According to her, this situation needs to be reversed.

She said that what happens in one’s childhood whether for good or ill, shapes how boys and girls live out their lives as women and men. “Our children are not only a reflection of what The Gambia would look like in the future, they are the future itself and posterity would judge us by the behaviour and life styles we inculcate in them today.”

Secy Firduas, who also doubles as vice chairperson of CPA board, said that CPA wants to equip the children with the skills needed for life such as decision making, communication, critical thinking, assertiveness, among others.

“For my part, I solemnly reaffirm the unalloyed and unwavering commitment of the government of the Gambia, under the dynamic and inspirational leadership of H.E Dr. Alhaji Yahya AJJ Jammeh, to the fulfilment of the rights of children, and their protection from abuse, exploitation and violence,” she said.

The Chief of Defence Staff, Major General Lang Tombong Tamba also reaffirmed the commitment of the Gambia Armed Forces (GAF) towards promoting the welfare of children.

This, he said, is manifested in the creation of a child right unit under the GAF, which is meant to protect and promote the welfare of children in the country.

Adama Bah, a board member of CPA, advised the participants to take the camp seriously by making the best use of their stay at Baobab Lodge.

Modou Secka new president of the Voice of the Young commended the CPA and all those who made the camp a reality.

Njundu Drammeh, CPA National Coordinator, chaired the ceremony.

Author: By Nfamara Jawneh

Source: Picture: Marie Saine Firduas

Justice SoS firm on child protection

Tuesday, August 26, 2008

The attorney general and secretary of state for Justice, Marie Saine-Firdaus, has reaffirmed government’s commitment to exhaust all possibilities within the ambit of its powers to ensure that children are protected from sex perverts and exploiters.

Delivering a statement during the official opening ceremony of a four-day children’s summer camp on life skills at the Baobab Lodge in Bijilo, the Justice SoS point out that the government will stringently apply the provisions of the Children’s Act 2005 and other laws that protect children.

"We will leave no stone unturned in ensuring that perpetrators are brought to justice and be punished accordingly. Our children remain our priority and their future, the focus of our development efforts. Anyone who wants to derail our goal for our children will have to face the full force of the law. Hardly, a day passes by without one reading in the newspapers about one form of abuse, exploitation or violence perpetrated against a child in one part of the country or the other," the Justice SoS Firdaus stated, with deep concern.
She also expressed concerns about juveniles in conflict with the law, saying that this trend is disturbing.

"Sometimes betrayal of children’s trust even goes deeper as it is often the adults entrusted with the case and the protection of children who perpetrate and permit this intolerable abuse or exploitation; that is adults who use their positions, power, prestige and authority to sexually abuse and exploit children. Children who are abused or exploited find their world upside down as it makes enemies out of the very people children look up to for protection. Their self esteem, confidence and trust are undermined and dented," said the attorney general.

SoS Firdaus, however, urged children to be responsible and law-abiding citizens, as the future of the country depends on their attitude.
She used the opportunity to praise President Alhaji Yahya Jammeh for his dynamic and inspiring leadership to the fulfillment of the rights of children and their protection from abuse, exploitation and violence.

For his part, the chief of Defence Staff, Major General Lang Tombong Tamba, expressed delight to be associated with the camping. Major Gen Tamba informed the gathering that they have created a new unit in the Gambia Armed Forces called the Child Protection Unit, which deals with the protection and safeguarding of children from all forms of abuse.

"You as children have an important role to play in national development, as you have rights which go along with responsibilities," he said.

CDS Tamba expressed his institution’s continued readiness to work closely with the Child Protection Alliance (CPA) for the realisation of its objectives in the service of children.

Adama Bah, treasurer and board member of CPA, expressed similar sentiments. He urged children to be respectful, noting that through partnership much can be achieved.

He called on the 30 participants in the camping to share their experiences with their colleagues and thanked the CPA for organising the camping.
Modou Secka, the newly elected president of the Voice of the Young, the child wing of CPA, delivered the welcome remarks.

Author: by Sheriff Janko

A Strong and Essential Message

Thursday, August 14, 2008

A strong and vital message has been sent to those in our sub region whom might view Gambia as a possible haven when it comes to escaping justice. The arrest of Rear Admiral Jose Americo Bubu Na Tchuto, leader of the alleged foiled coup on the 6th of August 2008 in Guinea Bissau, will make it perfectly clear that those who seek to evade the law will find no respite here.

It also sends a clear message about The Gambia’s new attitude to illegal seizures of power. While it is only 14 years since The Gambia’s own coup d’état, the country has shown by this arrest that it will not countenance seizure of power. We expressed in these pages our disgust at the recent coups in various West African states and called on the government to add its voice to that of the international community and openly condemn them. The actions taken by the security forces in this case speak louder than any words can express.

What we must hope is that our neighbours can once again taste democracy in the coming months and years and enjoy the stability it brings.

This man and his accomplice must now be repatriated to their native land to face justice.

Our task in The Gambia is to hone and perfect our democracy because there are still creases which need to be ironed out. We need a greater sense of belonging among the people of The Gambia within the political process and this can be fostered through more transparent government and a free press unhindered by draconian media laws. We in The Gambia are a young democracy but we are learning and developing fast. We must maintain this momentum and never stall on our path.

Statement of the Attorney General and Secretary of State for Justice During the Inauguration Period of the Alternative Dispute Resolution Secretariat on the 23rd July 2008

Friday, August 08, 2008

Your Excellency The Vice President, Aja Dr. Isatou Njie-Saidy

Honourable Speaker of the National Assembly

My Lord The Chief Justice

Secretaries of State here present

Members of The National Assembly

Members of the Diplomatic Corp

Service Chiefs

Senior Government Officials

Venerable Religious Leaders

Staff of ADR Secretariat

Distinguished Ladies and Gentlemen

Distinguished Ladies and Gentlemen

It is my honour and privilege to welcome you all to this history making event, i.e the opening of the first Alternative Dispute Resolution Secretariat in The Gambia.

When I assumed office as Attorney General and Secretary of State for Justice, one of the priorities I set for my Department was to accomplish the establishment of ADR. Having enjoyed the continuous support and encouragement from The President of the Republic and the Secretary of State for Finance and Economic Affairs, we have finally succeeded in establishing the Secretariat which forms the centre stage of the judicial reform programme initiated under the visionary and pragmatic leadership of His Excellency The President of The Republic Alhagie Dr. Yahya A.J.J. Jammeh.

Your Excellency, Distinguished Guests

You will no doubt agree with me that the establishment of the ADR Secretariat is yet another significant mile post in our drive towards achieving our vision of transforming the Gambia into a model country second to none in Africa. Since there can be no meaningful socio-economic development, no foreign investment without an efficient and effective judicial system to settle disputes between parties and protects rights and interests of the people.

Today’s event is the end product of the hard work of the staff of the Attorney General’s Chambers and the ADR Secretariat, and I will like to thank all of them for making the day a success. Without their support, I would not have been successful in reaching this goal.

The ADR system is timely and is very critical to our judicial reform process. It will help us immensely to reduce the back log of cases in our court system and also provide relief to litigants who are already searching for an alternative way of solving their disputes without going through the long and costly litigation proceedings that characterizes our court system.

The ADR system is mandated to handle all types of disputes of civil nature; we will encourage our conventional courts to refer all commercial, land, family and employment disputes.

Despite the achievement made so far in our effort to reform the judicial process, I challenge the staff of the Secretariat to endeavour to make the ADR facility accessible to all and sundry for the enhancement of quick dispensation of justice without which no meaningful development can take place. This is only feasible if the beneficiaries are made aware of what benefits the ADR facility holds for them. Therefore it is imperative that you embark on massive sensitization programmes throughout the length and breadth of the country to make everyone aware of the facility.

As the line Department of state for the Secretariat, we will do everything humanly possible to provide you with all the required assistance you may need in discharging your constitutional responsibilities for the Gambian and non Gambian alike. As usual our doors will remain open to you anytime you need our assistance so I will implore on you all to be constantly in touch so that the service delivery system will immensely benefit the Gambian national as a whole.

To conclude, I wish to congratulate His Excellency, the President, the Government and entire Gambian people on the 14th Anniversary of the July 22nd Celebrations.

Source: Picture: Marie Saine Firdaus

Brikama Man Cautioned

Friday, August 08, 2008

The Brikama Magistrates’ Court presided over by Magistrate John Njie recently warned and discharged one Yusypha Nying of Brikama for the offence of obtaining money by false means.

Mr Nying was sometime in 2006 said to have obtained the sum of eleven thousand dalasis by false means. He admitted the charge.

He begged the court to tamper justice with mercy, as he had been ill for the past two years. He added that while he was away for treatment his business collapsed.

Magistrate John Njie advised the prosecutors to withdraw the case because it was a civil matter. He however added that though the police have a right to bring a criminal charge against the accused.

Author: By Yai Dibba

Justice delayed is justice denied

Tuesday, July 29, 2008

What is happening at the Banjul Magistrates’ Court is a cause for concern. Though Mr Haruna Jaiteh has assured that the situation would soon be taken care of, we are forced to revisit the issue of manpower shortage at the bench. According to Mr Jaiteh, some of the magistrates have already gone for further studies, or have been promoted. We have no quarrel with either development. Hopefully, those who have left for further studies will come back home to contribute even more meaningfully to the speedy dispensation of justice. And for those who are promoted, we congratulate them because they must have given a good account of themselves to enjoy such reward. We urge them to keep working hard.

But then again, before promotions are made in the future, the authorities should make sure that there are available personnel to step into the shoes of those being promoted.

And the concerns of the litigants cannot just be brushed aside as unimportant. Litigation takes time and money. If a litigant has to go to court again and again without having his or her case dealt with due to lack of a magistrate, he or she is bound to lose patience. And their concerns should not be dismissed as mere whimpering. The Judicial Secretary should do more than just dishing out assurances. He seems to have entangled himself by saying that perhaps “by Monday everything will be sorted out”. It would have been a lot better for him to have just explained the difficulty his office is facing rather than committing himself to a particular day. If it turns out that the situation remains as it is, then his future assurances would be taken with a pinch of salt.

One way of dealing with this problem is to encourage more and more Gambians to join the bench. The authorities can do this by giving them attractive remuneration and other perks. If this is done, those of them already in the bench will be better able to resist the lure of private practice, which seems to be the norm nowadays. Until and unless this is done, litigants would continue to face the same problem. An efficient justice system is indispensable to democracy and economic development. We should give this problem all the attention it deserves.

‘The love of justice in most men is no more than the fear of suffering injustice’

La Rochefoucauld

Source: (Monday, 28th July 2008 Issue)