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Dalton1
3485 Posts |
 Posted - 22 Dec 2005 : 02:32:11
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By Akaleke, Our Banjul Correspondent
Yai compins in Banjul were arrested yesterday and detained at the National Intelligence Agency (NIA) headquarters. The women political leaders were held for some hours, prior to their release from custody. No reason was advanced for the mass arrest of these "Yacompins." But sources reaching this paper say it may had to do with the court order, which asked for the immediate reinstatement of Banjul Mayor Pa Sallah Jeng.
Dependable sources in Banjul say, there were jubilation throughout the city on Monday, after the court ordered for the immediate reinstatement into office of Mayor Pa Sallah Jeng. Jeng was democratically elected as a Mayor of Banjul, but for some reasons, the Ruling APRC fired him and later accused him of abuse of office. Aggrieved by what he Jeng calls the unconstitutional action of the state, he instructed his lawyer, Hawa Sisay Sabally to challenge the "illegal action taken by the state to send him packing" even though he was elected democratically. Mr.Jeng was accused of awarding contracts to people close to him and abuse of BCC facilities, a charge he strongly denies.
A concern citizen in Banjul who spoke to The ALLGAMBIAN on condition of anonymity said " I think the government may have think that the Yai compins are behind the jubulation, and that is not the case. The Banjulains, especially the youths, were all very happy with the court's ruling because Pa Sallah, had not done anything wrong and it is only Pa, who can bring development in Banjul"
In another development, all Yai compins who were given tickets for the 2006 Hajj by the APRC party has been confiscated from them yesterday immediately after their arrest and detention. Again, no reasons were forwarded as to why these tickets were taken from them.
One of the affected Yai Compins who spoke on condition of anonymity said " I don't know what must have done to warrant the government to take our tickets? I was in my house, until some officers from the NIA came for me and said I am under arrest and I ask why and one of them replied lets go to the NIA headquarters, there you will know why." she said. Ask whether she was still loyal to the APRC party, the Yai Compin replied " Yes I am still 100% APRC and this cannot stop me from supporting the party, because I love the party leader, despite taking away our Hajj tickets. It means nothing to me" She concludes.
Many observers say they are now fed up with the frequent arrest and detention of political opponents taking place in The Gambia. They called on the government to respect the rights and freedoms of citizens.
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"There is no god but Allah (SWT); and Muhammad (SAW)is His last messenger." shahadah. Fear & Worship Allah (SWT) Alone! (:
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Momodou
Denmark
11805 Posts |
Posted - 22 Dec 2005 : 22:07:24
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MAYOR JENG TRIUMPHS
Barely two days before his departure to Nigeria, Justice Aimed Belgoreh has yet, made another Landmark judgment which seeks to strengthen democracy and the rule of law.
Justice Belgoreh on Monday ordered the Secretary of State for Local Government and Land to reinstate Pa Sallah Jeng as Mayor of Banjul.
In his judgment, Justice Belgoreh said Pa Sallah Jeng was elected as Mayor of Banjul as an independent candidate. He told the crowded Court room that the plaintiff, Pa Sallah Jeng, was suspended from office by the Secretary of State for Local Government and Land. He said the Secretary of State for Local Government and Land had invoked subsection 4A of section 20 of the Local Government Act to suspend Pa Sallah Jeng from office. He pointed out that the letter written to Pa Sallah Jeng by the Secretary of State for Land was tendered in evidence. Going further, Justice Belgoreh said the Secretary of State for Local Government and the Attorney General were the respondents in this matter. He stated that a twenty five page paragraph supported the Mayor’s application. He noted that Exhibit E is the letter written by Hawa Sisay (the plaintiffs counsel) to the Secretary of State for Local Government. The learned judge pointed out that the letter in response to Lawyer Sisay Sabally’s letter was also tendered in evidence. He said the respondents did not deny some of the paragraphs in the plaintiff’s affidavit. This he noted, amounts to admission in law. He said the procedure for the removal of a mayor is spelt out in section 20 of the Local Government Act. He spelt out the scenarios that should arise in order to remove a mayor from office. He said how a mayor is to be removed from office is what is significant. He cited section 22 subsection 2 to say that a resolution supported by two third of the council members is one of the pre-conditions for removing a mayor. He said the resolution passed by the councilors of Banjul was passed by eight councilors. He said four days after the issuance of this letter, the Deputy Mayor summoned an emergency meeting. The learned judge said he has looked at section 28 of the Local Government Act, and he has found out that only mayors are empowered to call such meetings.
Justice Belgoreh said there is no evidence to show that up to the time of calling the emergency meeting, the Deputy Mayor had not sent the no notice signed by the councilors to the Secretary of State. He noted that the Deputy Mayor is obliged within twenty four hours to send the no notice to the Secretary of State. He therefore pointed out that the Deputy Mayor had flouted the rules. Continuing, the trial judge said procedures have to be followed if a mayor is to be removed from office. He said if the Deputy Mayor was convening a council meeting; the notice should have given four clear days after exhibit B. The trial judge said there is no evidence to show that the Deputy Mayor has complied with the law. He pointed out that the Deputy Mayor has flouted the law. He said it is unlawful for the Secretary of State to suspend the mayor based on the developments that have taken place. He said Exhibit B does not have evidence to support the accusation against the mayor. He said section 24A of the Local Government Act has empowered the Secretary of State to suspend a mayor, he however noted that the Secretary of State is not given exclusive authority to carry out such an action.
Justice Belgoreh concluded his judgment by granting the following reliefs to the plaintiff (Pa Sallah Jeng),
(1) A declaration that the suspension of Pa Sallah Jeng as Mayor of Banjul by the Secretary Of State for Local Government and Land is null and void, and contrary to the Local Government Act 2002 as amended.
(2) A declaration that the no notice or resolution was signed or passed by the councilors of Banjul for the removal of Pa Sallah Jeng as mayor of Banjul.
(3) An order directing the first respondent (the SOS for Local Government and Land) to reinstate Pa Sallah Jeng as Mayor of Banjul.
(4) An order prohibiting the respondents from lawful interference with office of the Mayor of Banjul.
(5) An order directing the Secretary of State for Local Government and Land to revoke the appointment of the Acting Mayoress of Banjul.
(6) And such further orders.
Source: Foroyaa Issue No. 98/05, 22-25 December,2005 |
A clear conscience fears no accusation - proverb from Sierra Leone |
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