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Momodou
Denmark
11634 Posts |
 Posted - 20 Jun 2013 : 13:44:39
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These are serious charges.
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Ex-Minister Jobarteh, Pa Harry Jammeh arraigned, remanded
By Bakary Samateh
The Point: Published on Thursday, June 20, 2013
 Former Attorney General and Minister of Justice and the ex-solicitor general and legal secretary were yesterday arraigned before the Banjul Magistrates’ Court charged with ten counts, including conspiracy to defeat justice, official corruption, negligence of official duties, abuse of office and destroying evidence.
Lamin Jobarteh and Pa Harry Jammeh respectively, were arraigned before acting Principal Magistrate Dawda Jallow, who remanded them in prison custody.
The two, who were first arrested on 22nd May and detained, denied the charges.
On count one, Lamin AMS Jobarteh and Pa Harry Jammeh were charged that in the month of February 2013, they conspired to defeat justice when they jointly forced Joseph Wowo, then acting Chief Justice of The Gambia, to leave the country in a move to drop or suppress criminal charges against Mrs Amie Bensouda and other staff of the judiciary.
On count two, Jobarteh and Pa Harry are accused of jointly forcing Joseph Wowo, then acting Chief Justice of The Gambia, in an arbitrary act prejudicial to his right, to leave the country in a move to drop or suppress criminal charges against Mrs Amie Bensouda and other staff of the judiciary.
On count three, prosecutors accused Lamin Jobarteh of corruptly soliciting and receiving in the year 2012, three heads of cattle from the people of Chedoyel in the Central River Region in return for the cattle track he helped secure for them by virtue of his office.
On count four, Jobarteh face charges that in the year 2012, in abuse of his office as minister of Justice, he ‘directed the unlawful arrest of Bernd George Diedrich and Alieu Barry, an arbitrary act to the rights of Bernd George Diedrich and Alieu Barry.’
Jobarteh also faces the charge in count five that in the year 2012 in Bansang in the Central River Region, he abused his office as minister of Justice by removing the community tap situated near his newly-bought compound at Bantaba town in Bansang to unlawfully extend his compound, an arbitrary act to the rights of the people of Bansang.
On count six, prosecutors accused Jobarteh of abusing his office as a high court judge in 2012, in Toubanding village in the Central River Region, by seizing about 100 acres of land from one Mustapha Kanyi and the Toubanding women’s garden, which he annexed to his farm, an arbitrary act prejudicial to the rights of Mustapha Kanyi and the women of Toubanding village.
On count seven, Jobarteh faces the charge that in abuse of his office as a high court judge in 2012 in Toubanding village in the Central River Region, he directed the arrest of Mr Mustapha Kanyi after having problems over land he seized from him, an arbitrary act prejudicial to the rights of Mustapha Kanyi.
Pa Harry Jammeh also stands accused on count eight that in the year 2009, while serving as the Sheriff of the High Court, he destroyed unspecified amounts of cannabis and bullet exhibits from the Mansakonko and Basse Magistrate Courts without authority and due regard to possible appeals that could arise from the decisions related to the said exhibits.
On count nine, prosecutors accused Pa Harry Jammeh of destroying an unspecified amount of cannabis and bullet exhibits from the Mansakonko and Basse Magistrate Courts without authority and due regard to Section 95 of the Drug Control Act 2009.
On count ten, Pa Harry Jammeh faces the charge that in the year 2009, having been transferred from the Sheriff’s Division of the Gambia High Court where he was the Sheriff, to the Ministry of Justice as legal secretary and solicitor general, neglected his official duty to formally hand over the office of the Sheriff to his successor.
Defence counsel E. Jah, in his bail application, told the court that the offences the accused persons were charged with are bailable offence, noting that the charge before the court was a misdemeanor not a felony.
The constitution had empowered the accused persons to be granted bail, counsel added.
He pointed out that the accused persons are all responsible citizens who were occupying an executive positions, and they have their families here in the country and that they would never jump bail.
The accused persons had been under custody for 30 days without even access to their families, and they have enough sureties if they are granted bail, counsel further stated.
He revealed that the second accused person, Lamin Jobarteh, had collapsed twice while in state custody.
“The medical certificate is there to confirm that the accused person was not feeling OK while in detention,” he argued.
Counsel pointed out that the constitution states that any suspect or an accused person should not be detained for more than 72 hours without court appearance or be released on bail, but these particular accused persons spent 30 days in custody, which was against their constitutional rights.
Counsel further argued that the prosecution should show cause why the accused persons should not be granted bail, citing cases to support his argument.
He said the first accused person, Pa Harry Jammeh, was a magistrate prior to his appointment as solicitor general, with hard work and dedication for nearly a decade.
The second accused person, Lamin Jabarteh, was a High Court judge prior to his appointment as Minster for Justice and Attorney General, and they should be presumed innocent until proven guilty by a competent court.
“I therefore, urged the court to grant bail to the accused person, as the charges against them are a misdemeanour,” counsel stated.
In response, the police prosecutor, Superintendent Sainey Joof, told the court that the prosecution was objecting to granting the accused persons bail.
He added that the accused persons were all prominent figures in the society, and if grant bail, they are likely to jump bail.
The prosecution had experience in such cases where the accused person was granted bail, and he absconded from the jurisdiction, Joof went on, citing cases to support his argument.
He submitted that the accused persons might flee the country at any given time, if they are granted bail.
Prosecutor Joof said the defence counsel had mentioned that his client collapsed twice while in detention, but the counsel could not use that as yardstick to secure bail for the accused persons.
The prosecution strongly objected to granting bail to the accused persons, said the prosecutor.
Delivering his ruling, the trial magistrate told the court that he heard from both sides, and the charges for which the accused persons stand trial are bailable offences.
He added that although the police prosecutor told the court that the accused persons are “flight eagles”, the prosecution needed to convince the court that the accused persons would flee the country, if granted bail.
“I therefore deny the accused persons bail and remand them in prison custody, but they have the right to seek bail at the High Court of The Gambia,” the magistrate declared.
Source: The Point
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 20 Jun 2013 : 20:07:33
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The court was not convinced that defendants were flight risks as implied by the magistrate here (unless mispresented in the story), I am wondering what the heck is the decision to deny bail based on???
God save the Gambia. |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 20 Jun 2013 23:13:02 |
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kobo
United Kingdom
7765 Posts |
Posted - 27 Jun 2013 : 02:46:32
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1. DAILY OBSERVER NEWS:
2. THE POINT NEWS;
3. FOROYAA BURNING ISSUES NEWS:
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Edited by - kobo on 27 Jun 2013 03:36:26 |
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Momodou
Denmark
11634 Posts |
Posted - 16 Jul 2013 : 19:59:35
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EX-SECRETARY GENERAL & ATTORNEY GENERAL APPEAR IN COURT
Both granted bail
By Mamadou Dem
Foroyaa Burning Issue: Published on Tuesday, 16 July 2013
 Dr. Njogu .I. Bah, former Secretary General and Head of the Civil Service of the Gambia and Lamin A.S.M Jobarteh, former Attorney General and Minister of Justice, yesterday appeared before the Lower court in Banjul presided over by Magistrate Lamin Mbye. The accused persons namely; Njogu Bah, Lamin Jobarteh and Pa Harry Jammeh are Jointly charged with one count of Abuse of Office and two counts of Conspiracy to commit a felony contrary to the laws of the Gambia. Mr. Jammeh (3rd accused) was absent in court. According to the particulars of offence on count one, the aforesaid persons sometime in the year 2013, in the city of Banjul, the Republic of the Gambia, acted in their capacities as former Secretary General and Head of Civil Service, Attorney General and Minister of Justice, and Solicitor General respectively, terminated and sent Justice Joseph Wowo, the acting Chief Justice of the Gambia out of the country and formed a task force to look into the activities of the tax commission initiated by the President, thereby committed an offence.
On count two, particulars of offence, the prosecution alleged that Dr. Njogu Bah, Lamin AMS Jobarteh and Pa Harry Jammeh sometime in the year 2013 in the city of Banjul, conspired among themselves as former Secretary General and Head of Civil Service, Attorney General and Minister of Justice and Solicitor General respectively, forcefully terminated Justice Joseph Wowo and sent him out of the Country which decision prejudiced to the rights of Justice Wowo, thereby committed an offence.
According to count three, particulars of offence, the same accused persons sometime in the year 2012, in the city of Banjul, conspired amongst themselves as former SG and head of civil service, Attorney General and Minister of Justice and Solicitor General respectively, formed a task force to look into the activities of the tax commission initiated by the President, thereby committed an offence. However, the accused persons could not take their pleas due to the absence of the third accused person in court...........................
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 17 Jul 2013 : 19:33:39
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EX-SG & EX-AG DETAINED After Court Granted Them Bail
By Mamadou Dem
Foroyaa: Published on Wednesday, 17 July 2013
Dr. Njogu L. Bah, former Secretary General,Head of the Civil Service and Minister of Presidential Affairs alongside Mr. Lamin A.M.S. Jobarteh, former Attorney General and Minister of Justice, were re-arrested by the Police after having been granted bail by Magistrate Lamin Mbye of the Banjul Magistrates’ Court on Monday, 15 July 2013.
The two former cabinet ministers, until recently , together with Mr. Pa Harry Jammeh, former Solicitor General and Legal Secretary, were jointly charged and arraigned on one count of Abuse of office and two counts of conspiracy to commit felony contrary to the laws of The Gambia.
Sources have informed this paper that family members have not seen the two accused persons, Dr. Bah and Mr. Jobarteh since the court proceedings on Monday.
On Monday, the two accused persons did not enter their plea when they appeared in court on the grounds that Pa Harry Jammeh, the third accused, was not present. However, counsel for both accused persons, Lamin K. Mboge, sought for an adjournment which was granted by the court. The two accused persons were consequently granted bail in the sum of D100,000 with one Gambian surety who must deposit a biometric identity card. The accused persons were further asked to be reporting to Banjul Police Station from Mondays to Fridays and that their travelling documents (passports) should be surrendered to the court registrar.
The case was adjourned to 30 July, 2013.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 18 Jul 2013 : 19:50:51
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STATE TO FILE FRESH INDICTMENT AGAINST EX- JUSTICE MINSTER
By Mamadou Dem
Foroyaa: Published on Thursday, 18 July 2013
State Counsel Morris Agiah yesterday informed the Criminal Division of the High Court in Banjul Presided over by Justice Nkea that the state will file a fresh indictment against Lamin AMS Jobarteh, former Attorney General and Minister of Justice. According to State counsel, the case file of Mr. Jobarteh was lately received from the National Intelligence Agency (NIA); adding that they are working on the case file and asked for an adjournment in the matter to enable them come up with formal charges. Defence counsel Lamin S Camara submitted that court orders need to be complied with; adding that the court ordered for the State to file proper indictments.He said his client was granted bail, but afterwards he was re-arrested, detained and continued to be detained.
According to Camara, his client fulfilled all bail conditions imposed on him by the court. “No fresh indictment has been brought against him anywhere”, said counsel Camara. State counsel Agiah submitted that the defence should come formally regarding the facts cited above.
The case is adjourned to Wednesday 24th of this month,2013 to allow the state to file a formal charge. However, the trial judge ruled that the accused be remanded in prison custody and be allowed to access his counsel. When the case came up earlier, the court asked the whereabouts of the accused person who was not present in court at the time. “A case cannot be mentioned twice and the accused is not in court”, said the Judge.
At this juncture, the matter was stood down for thirty minutes for the state to produce the accused person; adding that if the accused is not in court, he won’t hear the case.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 25 Jul 2013 : 14:37:24
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More charges against former Justice Minister Jobarteh
By Malamin L.M. Conteh
The Point: Published on Thursday, July 25, 2013
 State prosecutors yesterday filed more charges against former Attorney General and Minister of Justice, Lamin AMS Jobarteh, at the Special Criminal Court in Banjul before Justice Emmanuel Nkea.
Jobarteh now faces eleven counts which include abuse of office, wrongfully retaking possession of land from person who obtained possession by writ of court, economic crime, giving false information to a public officer, forcible entry, and operating business without a license.
He denied the charges, and was granted a court bail of D3 million with two Gambian sureties with landed properties within the Greater Banjul Area which worth D3 million.
The bail conditions further stipulated that Jobarteh should be reporting every Monday, Wednesday and Friday to the Old Yundum Police Station.
The accused should also deposit his travel documents with the registrar of the High Court.
Lamin AMS Jobarteh was accused in count one that, on 2 February 2013 in Bijilo within the jurisdiction of the court, being the Attorney General and Minister of Justice, in abuse of the authority of his office, ordered, directed and personally assisted in the arrest and detention of Alieu Barry and Bernd George Diedrich.
In count two, it is alleged that Lamin AMS Jobarteh, on 2 February 2013 in Bijilo within the jurisdiction of the court, being the Attorney General and Minister of Justice, he wrongfully retook possession of the land from Bernd George Diedrich in favour of one Mr. Sowe, possession of which land Mr. Diedrich had obtained by writ of court.
State prosecutors also accused Lamin AMS Jobarteh in count three that, on 2 February 2013 in Bijilo within the jurisdiction of the court, being the Attorney General and Minister of Justice, he willfully and or recklessly caused the monetary loss to the Gambia Revenue Authority, a public body, by constituting a taskforce which re-assessed and reviewed downwards the tax liabilities of several tax defaulters as found by the Tax Commission.
Jobarteh was further accused in count four that, on 2 February and in April 2013 in Banjul within the jurisdiction of the court, being the Attorney General and Minister of Justice, he informed the Office of the President that over D200 million had been recovered from tax defaulters and deposited in the GRA recovery account with the GTBank, knowing such information to be false.
Under count five for Lamin AMS Jobarteh, it was alleged that between July 2012 and May 2013 in Banjul within the jurisdiction of the court, being the Attorney General and Minister of Justice, he informed the commissioner general of the Gambia Revenue Authority that there was cabinet approval to establish a taskforce to re-assessed the tax liabilities of defaulters as shown in the Tax Commission report, knowing such information to be false.
It was also alleged in count six that Lamin AMS Jobarteh in 2011, at Tubanding village in the Upper Fulladu West district of the Central River Region within the jurisdiction of the court, being a judge of the High Court, in abuse of the authority of his office, he ordered and directed the arrest and detention of Mustapha Kanyi and Yarro Jamanka, at Bansang Police Station.
State prosecutors further accused Lamin AMS Jobarteh in count seven that, between 2009 and 2011 at Tubanding village in the Upper Fulladu West district of the Central River Region within the jurisdiction of the court, in order to take possession of lands not given to him, he entered upon such lands in Tubanding village by threats and fencing beyond the area given to him.
Under count eight, Lamin AMS Jobarteh was accused that, between 2010 and 2013 in Bansang within the jurisdiction of the court, being a Gambian citizen, breached the provisions of the license Act by failing to register his lodge as required by the law for the purposes of taxation, thereby causing financial loss to the Tourism Board and the Gambia Revenue Authority.
It is further alleged in count nine that Lamin AMS Jobarteh, between 2010 and 2013 in Bansang within the jurisdiction of the court, operated “Amie’s Lodge” or “Jobarteh’s Lodge”, a lodge of 18 rooms, without a license.
Jobarteh was also accused in count ten that, some time in April 2013 in Bansang within the jurisdiction of the court, being the Attorney General and Minister of Justice, in abuse of the authority of his office, he arbitrarily ordered and directed the relocation of the NAWEC public tap at the Bansang Village Bantaba.
On count eleven, Jobarteh was accused that, in April 2013 in Bansang within the jurisdiction of the court, in order to take possession of community lands within the Bansang Village Bantaba, he ordered the relocation of the NAWEC public tap and entered upon such lands in Bansang village by threats and commenced developments thereon.
Hearing continues.
It would be recalled that Jobarteh also faces another charge of abuse of office and two counts of conspiracy to commit a felony, alongside Dr. Njogu Bah and Pa Harry Jammeh, at the Banjul Magistrates’ Court.
Source: The Point |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Nyarikangbanna
United Kingdom
1382 Posts |
Posted - 27 Jul 2013 : 15:40:01
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It looks like Jobarteh has shot himself in the foot by lobbying for a job in the cabinet and in the process campaigned against the UDP in Lower Falladu West at a time when he was already serving as a sitting High Court Judge. According to sources, his own sister, who disapproved of his move against the UDP and who remains a UDP supporter, was the first to condemn him but he won't listen. He just wanted to be called a Minister at all cost and regardless of anything. I have no sympathy for him.
Thanks |
I do not oppose unity but I oppose dumb union. |
Edited by - Nyarikangbanna on 27 Jul 2013 22:31:34 |
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Momodou
Denmark
11634 Posts |
Posted - 01 Aug 2013 : 14:38:47
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STATE TO AMEND INDICTMENTS AGAINST JOBARTEH & CO
By Mamadou Dem
Foroyaa: Published on Wednesday, 31 July 2013
The Director of Public Prosecution (DPP), Sadi Haleh Barkum, yesterday, Tuesday,30 July, informed the High court in Banjul presided over by Justice Mikailu Abdullah that the state intends to amend the indictment preferred against Lamin AMS Jobarteh, former Attorney General and Minister of Justice, and Pa Harry Jammeh, erstwhile Solicitor General and Legal Secretary. DPP therefore applied for an adjournment of the case, adding that this matter was transferred from the Banjul Magistrates’ Court.
The trial judge ruled that by consent of both parties, the matter was adjourned to 16th of October,2013. He said the accused persons shall continue to enjoy the bail granted by the lower court. Defence counsel Lamin S. Camara appeared for the accused persons.
Source: Foroyaa
Former SG Njogu Bah released
The Point: Published on Thursday, August 01, 2013
 Former Secretary General and Head of the Civil Service, Dr Njogu Bah, has finally been released from custody on Tuesday evening, reliable sources have told The Point.
Bah, who was arrested on 10th June and held since then, was jointly charged alongside ex-Justice minister Lamin Jobarteh and former Solicitor General and Legal Secretary Pa Harry Jammeh, at the Banjul Magistrates’ Court before senior Magistrate Lamin Mbai.
He was first arraigned on 15th July, when presiding Magistrate Mbai granted him, Jobarteh and Pa Harry Jammeh bail of D100, 000 each with one Gambian surety, who must deposit a biometric identification card.
The bail condition further stipulated that the accused persons should report to a police station from Monday to Friday, and they must also surrender their passports to the registrar of the Banjul Magistrates Court.
During his second appearance in court on Tuesday 30th July, senior Magistrate Mbai told the court that the court strongly advised the office of the National Intelligence Agency to comply with the order of the court, and allow the accused to proceed with his bail, unless when new charges were levied against him.
However, the magistrate went on, it was important to note that the office of the National Intelligence Agency (NIA) have the power to hold the accused, if they feel that investigations are still ongoing.
Njogu Bah is among others accused of conspiring with former Justice minister Lamin Jobarteh and former solicitor general and legal secretary, Pa Harry Jammeh to forcefully terminated the services of Justice Joseph Wowo and sent him out of the country, which decision was prejudicial to the rights of Justice Joseph Wowo, and thereby committed an offence.
Source: The Point |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Karamba
United Kingdom
3820 Posts |
Posted - 02 Aug 2013 : 16:40:29
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| Released and rearrested, what is the latest twist? |
Karamba |
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toubab1020
12306 Posts |
Posted - 02 Aug 2013 : 17:38:11
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A very good case to be heard before the NEW Chief Justice, Justice Mabel Yamoa Agyemang will be able to lay the foundations of her new building.
quote:
Originally posted by Karamba
Released and rearrested, what is the latest twist?
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou
Denmark
11634 Posts |
Posted - 12 Aug 2013 : 15:25:11
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Jammeh rejects plea to pardon Njogu, Jobarteh and Barry
By Isatou Senghore-Njie
The Point: Published on Monday, August 12, 2013
President Yahya Jammeh Jammeh has turned down pleas by the Committee of Banjul Muslims Elders to pardon former Secretary General and Head of the Civil Affairs and Minister of Presidential Affairs, Dr Njogu Bah, former Justice Minister, Lamin Jobarteh and former NDEA director of intelligence and investigation Foday Barry.
Jammeh, who was speaking last Thursday during his annual Koriteh meeting with the Committee of Banjul Muslim Elders at State House, stressed that the trio ‘‘must face the full force of the law.’’
Giving a rational explanation of his stance, President Jammeh said he could not remember the number of times he warned the two (Jobarteh and Njogu Bah), and their refusal to learn from the brushes he had with them.
‘‘If you are talking about others, and you don’t want to mention their names, let me make it very clear that if you are talking about Njogu Bah and others, these are people that I cannot pardon, because Njogu Bah, you people are aware that I have removed him several times and brought him back,’’ he said.
Explaining further, Jammeh said: ‘‘At the office here, I went to the extent of calling him and telling him if at all he relies on marabouts, marabouts will never work on my (Jammeh’s) affairs. I will jail you.
‘‘Again, I put it in minutes that any day I am ready with you (Njogu), you will underrate the marabouts that you rely on. How many times have I removed Njogu Bah of his appointment?’’
Stating that he resorts to the courts to prove his evidence, and that he sacks for a reason, the Gambian leader said: ‘‘I have once jailed Lamin Jobarteh during the transition alongside Foday Barry, but they never change. These are people that you should not even waste your time about, because I will never pardon them. They will face the full force of the law, because they are tarnishing the name of this country using my name, which I have never authorized them to do.’’
He noted that it is the role of the Muslim elders to advice culprits when they realize that the person is going against the law.
‘‘I will never just jump and touch people; I will talk and talk before anything. So you the elders have to talk to my ministers and those working for my government and the youths and not wait until things reach the level of the law, then you want to beg me; this cannot work.’’
‘‘But my appeal to you is that whether you know what they have done or not, if I remove a Minister and returned him back, it is your duty to call him and advice him. Sometimes, when I remove people and you beg me to return him back, if I do so, they say ‘the President is confused, I have not done anything that is why he is returning me’, when it was people who appealed to me to return him back.,’’ he explained.
He stated that because of this saying that ‘I have not done anything’, now anybody he sacks, he will prosecute you because he has evidence to take them to court so that people can know what they have done.
‘‘Whoever I appoint, I don’t know how many relatives he or she has, so if I sack the same person, everybody will stand up and say President Jammeh is bad. A Muslim should not do that because when I was appointing your relative, you never told me ‘thank you’, so if I sack him, you should not insult me. That is very un-Islamic.’’
Jammeh went on: “Today, if I want to send one of my ministers to the UK or America, they will tell you that the visa will take one week or two, but if I sack a minister and he gets to the embassies, within five minutes they will give him a visa”.
Jammeh, whose address revolved around discipline, religious tolerance, marriage and the interpretation of Islam, tasked the Gambia Supreme Islamic Council, GSIC, to embark on a sensitization campaign to draw attention on the mistreatment of women in marriage.
The Imam Ratib of Banjul, Alhagie Cherno Kah, called for discipline as the only moral safeguard in present times.
GSIC president Alhagie Momodou Lamin Touray appealed for the constant monitoring of behaviour that contravenes Islam.
The Amir of the Ahmadiyaa Muslim Jamaa’t, Amir Baba F Trawally, pleaded with President Jammeh to use his prerogative of mercy to effect the release of some deserving inmates in honour of the occasion, a plea that arouse strong support from other members of the Cabinet including Dr Momodou Tangara, minister of Higher Education, Research, Science and Technology and Momodou Aki Bayo, minister of Regional Governance and Lands.
The Vice President and Minister of Women’s Affairs, Aja Dr Isatou Njie-Saidy, dwealt deep into the complex issue of forgiveness, and who deserved to be pardoned, to justify the challenge President Jammeh faced in applying the instrument.
Also speaking earlier was the Secretary General and Minister of Presidential Affairs, Momodou Sabally, who called on the elders to talk to family members of those tarnishing the image of the country online.
Source: The Point |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 20 Aug 2013 : 12:37:20
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Fresh charges against former SG Njogu Bah and Co
By Malamin L.M. Conteh
The Point: Tuesday, August 20, 2013
State prosecutors yesterday filed fresh charges against the former Attorney General and Minister of Justice, Lamin AMS Jobarteh, former Solicitor General and Legal Secretary Pa Harry Jammeh, and former Secretary General and Head of Civil Service, and Minister for Presidential Affairs, Dr Njogu L. Bah, at the Special Criminal Court in Banjul before Justice Emmanuel Nkea.
The three-count indictment included conspiracy to carry out a lawful purpose by an unlawful means, giving false information to a public officer, and abuse of office; charges they denied.
After plea taking, counsel for the accused persons raised the issue of bail and said they were applying for bail for their clients.
The state counsel then notified the court that they were withdrawing the case before the magistrate court.
Justice Nkea then stated that he shall admit the accused persons to bail on the same terms and conditions imposed on them by the lower court, because the charge was still the same.
He further ordered that the Principal Registrar of the High Court adopts the same conditions.
The matter continues today for hearing.....
Read Full Story |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 18 Sep 2013 : 08:09:36
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The question that comes to my mind about this new charge is; what has the Secretary General to do with Kanilai Family Farm, a private company? It seems hard to distinguish what belongs to the Gambian state and what is the president's private enterprise.
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NEW CHARGE AGAINST NJOGU BAH
By Mamadou Dem
Published on Tuesday, 17 September 2013
Dr Njogu Bah, former Secretary General and Head of the Civil Service of The Gambia and Presidential Affairs Minister was on Monday,16th September,2013 arraigned before Acting Principal Magistrate Lamin Mbaye of the Banjul Magistrates’ court charged with a single count of ‘Economic Crime’ (Specified Offences), contrary to Section 5 (f) of the Economic Crime Act, Laws of The Gambia. According to the particulars of offence, the aforesaid person between the months of September 2012 and September 2013 in the city of Banjul, intentionally did an act which shows to be detrimental to the economy of the Gambia by receiving the original bill of laden for twenty (20) containers of fertilizer valued at one hundred and forty one thousand dollars (141,000,00) for Kanilai Family Farm, from Delmas Gambia shipping agency and fail to clear same which cause an economic lost to the Gambia government, thereby committed an offence.
The accused is yet to take his plea on this matter as the subordinate court lacks jurisdiction to try the case and as such the matter is transferred to the High Court of the Gambia. Prior to the transferring of the case to the superior court, Sergeant 3470 Alpha Badjie applied under Section 62 of the Criminal Procedure Code for the matter to be transferred to the said court. He also referred the court to section 9 of the Economic Crime Act. Defence counsel Lamin K Mboge did not oppose the prosecution’s application for the matter to be transferred to the high court.
However, he applied for his client to be granted bail, citing section 99 and Section 62 of the Criminal Procedure Code. He also referred the court to Section 8 of the Economic Crime Act and section 19 of the 1997 Constitution., adding that bail is inadmissible only to those faced with capital offences such as death and life imprisonment. The defence counsel further submitted that the accused is a Gambian who has assumed the highest office in the Gambian Civil Service, adding that he is married with five children who depend on him for their livelihood. He said his client’s old parents also depend on him for survival.
Mboge further said that the accused has a landed property within the Greater Banjul Area and as such, he cannot jump bail if granted by the court. He said the accused has reliable sureties with title deeds. He finally urged the court to grant the accused bail in the interest of justice pending the mentioning of the case before the High Court. Police Prosecutor Badjie urged the court to refuse the application for bail on the grounds that the matter is still under investigations and some of the witnesses in this case were answerable to the accused and if granted bail, he will interfere with them. He therefore referred the court to Section 208 of the Criminal Procedure Code for the accused to be remanded in custody pending his appearance before the High Court.
Replying on points of law, the counsel for Dr. Bah informed the trial magistrate that the section cited by the prosecution does not apply in this case. In his ruling, the trial magistrate granted bail to the accused in the sum of one million dalasi and ordered him to produce a Gambian surety with a landed property and to deposit his/her Biometric Identity Card. The trial magistrate further ordered that the freedom of the accused as a citizen of this country should not be interfered with. He cited Section 19 of the 1997 Constitution regarding the fundamental rights of the accused person.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11634 Posts |
Posted - 20 Sep 2013 : 10:48:23
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TUSSLE OVER SECRETARY GENERAL’S APPEARANCE IN COURT IN NJOGU BAH AND CO TRIAL
by Lamin Sanyang
Foroyaa: Published on Thursday, 19 September 2013
Arguments ensued between the team of defence lawyers and the state prosecutor over the appearance of Mr. Momodou Sabally, Secretary General, Head of the Civil Service and Minister of Presidential Affairs after the court has ordered for his appearance as he authored a document that was tendered as evidence in court. The problem started when the Secretary to Cabinet was called yesterday,18 September, for cross examination by the defence in the case involving the state versus Dr. Njogu Bah, former Secretary General, Head of the Civil Service and Minister of Presidential Affairs, Mr. Lamin A.M.S. Jobarteh, former Attorney General and Minister of Justice, and Mr. Pa Harry Jammeh, former Solicitor General, who are currently standing trial before Justice Emmanuel Nkea of the Special Criminal Division of the Banjul High Court. There was a strong objection from the defence when the Cabinet Secretary, Mr. Nuha Touray appeared as a witness to testify in court.
Both Lawyers Lamin K. Mboge and Borry S. Touray argued that the witness before the court was not the one requested by the court. They further submitted to the court that the witness was not the maker of the document tendered by the state.
However, Mr. Daniel O. Kulo, Director of Special Litigation, argued that the defence should wait for the witness to take his oath and explain the reasons why the Secretary General cannot come to court as ordered by the court. He was however interrupted by lawyer Touray, who argued that the state counsel was only concerned about the evidential aspect while forgetting the legal aspect of the matter. “We do not owe anybody the duty to produce the Secretary General.
The ruling of the court has a limit and cannot go beyond that limit,” said Counsel Kulo. The trial judge was quick to interrupt him by saying that the court has a right to call anybody. He said he did not see the witness as a prosecution witness, but it was an order from the court. He said he would hear from the witness, but if evidence shows that he is not the maker of the document he would expunge the evidence given by him.
In the meantime, the witness who introduced himself to court as Mr. Nuha Touray, said he is the Secretary to Cabinet at the Office of the President. He said he works under the office of the Secretary General and knows Mr. Momodou Sabally as he is the Secretary General of The Gambia.
The witness told the court that Mr. Sabally could not come to court because of the pressing matters of state. He said he was assigned to represent him in court. He said he would be able to answer questions meant for Mr. Sabally. During his cross examination, lawyer Mboge asked the witness to differentiate the reference numbers on (Exhibit E and Exhibit G) which he said were not the same. He said he does not know the meaning of the reference numbers. He said he does not know whether the office of the Secretary General has any file of Joseph Wowo because he has no access to the files.
He was questioned about the files of Lamin A.M.S. Jobarteh and Pa Harry Jammeh (1st and 2nd accused), but the question was overruled and recorded as irrelevant. At this juncture, Lawyer Mboge raised his voice to the Director of Special Litigation who was persistently objecting to his questions to comport himself as he is holding a very high office. He further asked the witness about the various ways in which the President gave instructions to the Secretary General. “What I know is that these instructions are written in files and sent to him,” said the Secretary to Cabinet.
The witness further told the court that he does not know whether the President gives oral directives to the Secretary General. He said the management of files is a specialized act and he only receives files, but does not open them. However, after several objections and interruptions made by the state counsel, Lawyer Touray, counsel for the 1st accused took the floor arguing that the state counsel should allow the questions to flow and stop prompting or hinting answers to the witness.
The Secretary to the Cabinet told the court that he does not make any searches in the office of the Secretary General with regard to Exhibit E, which is a document from the office of the Secretary General signed by Dr. Njogu Bah (3rd accused). He said he does not know whether the said document exists or not. Finally, after looking at the exhibit, he said he does not know whether the said document is a genuine document from the office of the Secretary General.
Meanwhile, the state counsel told the court of their intention to close their case while lawyer Ebrima Jah, counsel for Mr. Pa Harry Jammeh (2nd accused) said he would make a submission of no case to answer as lawyers Mboge and Touray announced their intention to apply for the Secretary General to appear in court. The case is adjourned to Wednesday,25 September,2013 for the defence to open their case.
Source: Foroyaa |
A clear conscience fears no accusation - proverb from Sierra Leone |
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kobo
United Kingdom
7765 Posts |
Posted - 27 Sep 2013 : 03:06:49
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AT THIS JUNCTURE WITH A CRITICAL REVIEW OF LEGAL POINTS AND PROGRESS OF ON-GOING TRIAL FROM THIS INTERESTING REPORT IN THE DAILY OBSERVER NEWS PUBLISHED TODAY: Thursday, September 26, 2013;
In ex-Minister Jobarteh & Co’s trial- Lawyer Jah makes no-case-to-answer submission
"Lawyer Ebrima Jah, the defence counsel for Pa Harry Jammeh, Wednesday made a no-case -to answer submission on behalf of his client, in the criminal trial involving the state against Lamin AMS Jobarteh, the former attorney general and minister of Justice; Pa Harry Jammeh, the former solicitor general and Dr Njogou L Bah, the former secretary general, head of the Civil Service and minister of Presidential Affairs, before the Special Criminal Court in Banjul, presided over by Justice Emmanuel Nkea.
This development followed the closure of the prosecution’s case after calling five witnesses and tendering host of exhibits in an attempt to prove its case.
In his submission Lawyer Jah recalled that the second accused person being his client was arraigned before the court on the 19th August 2013 on a three-count charge of conspiracy in which, it was alleged that his client conspired with the other accused persons to remove Joseph Wowo from office.
He further recalled that his client was also charged with the offence of giving false information to a public servant and the particulars of the said offence stated that Pa Harry Jammeh, intent to cause the termination of Joseph Wowo, feed John Belford, the Judicial Secretary and member of the Judicial Service Commission with information that the President of The Gambia directed the termination of Josph Wowo knowing it to be false.
He added that Jammeh was charged on count three for abuse of office and the particulars of this offence revealed that his client while being the solicitor general abused his office by arbitrarily causing the arrest of Joseph Wowo.
According to him, when the charges were read to him, he pleaded not guilty which led the prosecution to call 5 witnesses and tendered exhibits. Jah submitted that the burden of prove lies on the prosecution and the standard of proof is to prove beyond reasonable doubt as stated in Section 144 of the Evidence Act.
He explained that if an accused person after the end of the prosecution’s case finds out that there is no ‘Prema facie’ case against him can invite the court to discharge him of all or some of the charges in the indictment. This he said, is the case with his client, citing Section 166 and 239 of the Criminal Procedure Code.
He told the court that under the principles of the common law the court can acquit and discharge his client on a successful submission of ‘no case to answer’ and further referred the court to other relevant laws reports of both Gambia and Nigeria.
Lawyer Jah added that a recommended approach will apply to the case of the prosecution to determine whether a ‘Prema Facie’ case has been made against the 2nd accused person, in doing so he recast the evidence of the prosecution through its witnesses."....
Read full report: Daily Observer News
Author: Fatou Sowe |
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