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 JULY 1981: OPPOSITION LEADERS INCARCERATED....
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Momodou



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Posted - 10 Jun 2007 :  16:55:25  Show Profile Send Momodou a Private Message
FOCUS ON POLITICS
JULY 1981 POLITICAL CRISIS
OPPOSITION LEADERS INCARCERATED, WITH ELECTIONS LOOMING

With Suwaibou Touray


We have been focusing on politics, in general, and Gambian politics, in particular. This is why we have started to analyze the political evolution of The Gambia from pre-colonial to post independent era.

In the last issue we have shown how the Government of Sir Dawda Kairaba Jawara was grappling with the security concerns of this republic up to the stage of going into a confederation with Senegal, the details of which were not thoroughly worked out.
We have stopped where we said the permanent President of the confederation was Abdou Diouf and the permanent Vice President was Alhagie Sir Dawda Kairaba Jawara.

The first thing that many began to ask about the arrangement was whether there was any equality between the two states when the position of President of the confederation is permanently reserved for the president of Senegal. What this meant was that no Gambian could become the President of the Senegambian Confederation. This did not go down well with many genuine intellectuals at the time.

By 1982, the country was embroiled in two difficult situations. There were over a thousand detainees, whose cases were pending after the 1981 crisis, including the incarceration of the leaders of the opposition. The country was also faced with a general election at a time when there was a state of Emergency and fear of insecurity.
So by November 1981, the special Emergency Court had started the sitting. The first detainee to face justice was a woman by the name Rokie Touray. She appeared before Justice I.R. Aboagye on a two count charges i.e; going armed in public and (2) inciting mutiny. She pleaded guilty and was sentenced to two years imprisonment on each count to run concurrently.

By 3 December 1982, people who were considered as Kukoi’s co-conspirators, such as Taffa Camara, Mbemba Camara, Simon Talibo Sanneh, Momodou Baldeh, Alieu Sallah, Momodou Sonko and Mass Corr appeared before the assistant Chief Justice, I. R. Aboagye. Mr. Alieu Sallah, a civilian, alone faced seven counts including treason and murder.

 At the end of their trial, Aboagye’s court found Taffa Camara and Co guilty of treason and  sentenced them to death, which manner was to be prescribed by the Attorney General and Minister of Justice. Some detainees were released by the courts for want of evidence, such as one Abdoulie Ceesay, whilst others were sentenced to 15 years, 10 years and so on.

On February 2 1982, Karamo Kujabi, Sainey Carama, Buba Touray, Fafanding Camara and Ebou Sonko were all sentenced to death. They were, however, permitted to appeal at The Gambia Court of Appeal within 30 days. A famous musician, one Ruben Allen was also sentenced to death but could also appeal. Alieu Sallah and others had appealed their cases at the Court of Appeal. Simon Talibo Sanneh, Mbemba Camara and others also appealed their death convictions.

The trend of trial results was indeed unfavourable to the detainees. This was why it was not uncommon to see detainees and their spouses collapsing in court to the extent of being refered for hospitalization. The scene could only be described as pathetic.

The leader and deputy leader of the main opposition party, the NCP, Honourable Sheriff M. Dibba and Mr. Gibou Jagne, respectively, and others were however detained for over nine months without trial, after their re-arrested by the police. With Election just few weeks to go, no one could  see any sign of campaign fever. Jawara was only seen to be interested in being returned as the seating president and who was not much concerned as to whether it was legitimately done in the eyes of the people or not.

For example, while a cross section of the people were expressing disappointment that nothing has been done  to even incriminate Dibba in court so as to have a clear verdict on his alleged involvement in the abortive coup, the Government gave a deaf ear and continued to keep Dibba in what they called  custodial detention. Dibba was held in detention for more than nine months, even though a lot of criticisms were levelled against the government for not expediting the trials, especially that of Dibba, so that he could participate in the elections. The authorities refused to budge.

With anxiety and frustration increasing within the opposition cycle, the president called a Press Conference only to announce the date of the election by April 1982. When pressed further, he said conditions would be created to accord contesting candidates the opportunity of moving around their various constituencies.

He also took the opportunity to attack the press for what he called the “one sided reporting. On the issue of corruption, the President warned that any Minister found wanting in the discharge of his duties would be brought to justice and be dealt with according to law, without fear or favour. Surprisingly a new bill was swiftly introduced in parliament to amend the 1970 constitution. The bill sought the amendment of certain provisions in order to provide for direct elections to the office of the president on the terms of universal adult suffrage, instead of the president being elected on the basis of the number of seats a party has in parliament. 

The P.P.P members, who were almost the only members in the house with the detention of Dibba and Gibou Jagne, approved it without any problems. They argued that The Gambia was facing reconstruction and Senegambia challenges; that the President was ready to go ahead with the objectives that had already been set, and as they said, he wanted the full consent of the nation to do so. This was, however, surprising to observers because many thought that the best and legitimate way to get the consent of the whole nation was to have a referendum on the confederation where the sovereignty of the country was interfered with.’ Was the election going to be free and fair under a state of Emergency?’ became the concern of many opposition candidates. For example, Regulations 12 and 19 of the Emergency Powers, 1981 reads  thus ‘until such time as the president may by order published in the Gazette, announce, no person shall hold any public meeting or organize any procession or take part in any such meeting or procession in any part of The Gambia.
(2) Any Person who
(a) Holds any meetings;
(b) Organizes any such procession or
(c) Takes part in any such meeting or procession is guilty of an offence. The fine of which could be D1000 or five years imprisonment or both. (This was a lot of money at the time.)
(1) No person shall do any act or speak or write or publish anything likely:-
(a) To be prejudicial to public safety or the maintenance of public order or disturb the public peace;
(b) To bring into hatred or contempt or incite disaffection against the Government of The Gambia as by law established;
(c) To undermine the authority of the state or the public confidence in the Government of The Gambia as by law established;
(d) To raise discontent or disaffection among members of the public; or
(e)To promote feeling of ill- will or hostility among the various sections of the community of the races resident in The Gambia.
Any person guilty of this section is liable to a fine of D1000 or not less than five years imprisonment or both’.

The question was, ‘Could the opposition say or do anything under such draconian laws?’

See next issue, as we go into issues relating to the 1982 general elections.


Source: Foroyaa Newspaper Burning Issue
Issue No. 64/2007, 4 – 5 June 2007

A clear conscience fears no accusation - proverb from Sierra Leone
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