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 Politics: Gambian politics
 GHOMM and their never ending struggle.
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toubab1020



11364 Posts

Posted - 12 Oct 2021 :  19:33:26  Show Profile Send toubab1020 a Private Message  Reply with Quote
https://foroyaa.net/global-homm-still-struggling-to-take-over-their-property-from-the-state/

RELATED:

https://standard.gm/nenneh-freda-gomez-arrested-bailed/
============

By Yankuba Jallow on October 12, 2021

The Global Home of Medical Mission (GHOMM) is still being blocked by security personnel of the State from taking over their leased property that was housing the Anti-Crime Unit despite the former have won the court case against the State over the land.

According to a source, the Government wants to use the property to erect structures for the OIC Summit scheduled to take place in 2022 in The Gambia.

The health facility, which used to house the Police Anti-Crime Unit, was unceremoniously closed down in 2010 by the Gambia Government. Global HOMM while arguing their case before the high court said they were unceremoniously expelled from The Gambia by former President Yahya Jammeh without explanation in 2010.

On 14 February 2007, Global HOMM was registered as a charitable company in The Gambia, Certificate Number: 53/2007. The NGO Affairs Agency certified that Global HOMM was registered, recognized and allowed to operate as an International NGO in The Gambia on 11 September 2008 as A76 NGO.

Global HOMM claimed to have spent a million and half in the construction of the structure that the Anti-Crime Unit of the Gambia Police Force was occupying. After it was closed down, the land was abandoned for some time before Jammeh’s Green Boys occupied the place. When the current regime took over from Jammeh, the Green Boys were moved out and replaced with the Anti-Crime Unit of the Police Force, who occupied the place.

The Attorney General issued a press release on Monday, 11th October describing the reports circulating online about the property as false.

The Attorney General and Minister of Justice debunked the reports circulating on social media suggesting that the Government is blocking the purported owners of the property in Bijilo that was previously occupied by the Anti-Crime Unit.

The press release stated: “The public is hereby informed that this is totally false and could not be further from the truth. The matter is subject of ongoing litigation in two suits before two separate judges of the high court.

Out of respect for the court and judicial system, the office is not at liberty to discuss this matter which are subject to litigation.

We will have the opportunity to shed light on the true facts of the matter once the courts have delivered their ruling on this matter.

We invite the claimants (Global HOMM) in this matter to exercise similar restraint and abide by due process as opposed to seeking to litigate the matter in the media.”

Readers would recall that The Gambia Government was sued in respect of the same piece of land that was occupied by the Anti-Crime Unit of the Gambia Police Force in Bijilo as their headquarters. However, Foroyaa has been reliably informed that the police have vacated the property.

The Respondents in this case were Minister of Lands and Regional Government, Director for Lands and Surveys and the Attorney General.

On the first ground of the application, Global HOMM sought for the court to declare that the Notice of Acquisition and Revocation of their lease with serial registration number K12/07 in respect to their property in Bijilo which was occupied by the Anti-Crime Unit of the Gambia Police Force was null and void.

On the second ground, they wanted the court to declare that the purpose for which their property has been compulsorily acquired by the State was not for public use.

They also sought from the court a declaration that the lease registration of their property that the Anti-Crime Unit was occupying remained valid and subsisting.

They wanted the court to declare that the allocation and the vesting of title of their property to a third party was null and void.

They wanted the court to make an order that no Notice of Acquisition and Revocation of their leased property be served on them prior to the purported revocation.

They wanted the court to make an order setting aside all transactions entered into by the Respondents with any third parties in relation to their property.

They wanted the court to award a cost of five hundred thousand dalasis (D500,000) in their favour.

The State, through State Counsel, Muhammed B. Sowe said the respondents have conceded to the application.

“The respondents concede to the application on the ground that the notice was not gazetted as required by section 7 (5) of the Lands Acquisition and Compensation Act,” Sowe informed the court.

He added: “The Respondent (Attorney General and others) concede to the application and will follow the proper procedure. We have reasons for doing that. We want to follow the right procedure.”

Lawyer Rachael Y. Mendy for the applicants (Global HOMM) indicated to the court that she had no objection to the State Counsel’s submission. However, she sought for the court to go ahead to grant the application.

The High Judge, Justice Achibonga on Monday, 29th June 2020 granted the application and ordered the Government of the Gambia to pay five hundred thousand dalasi (D500,000) to Global Home of Medical Mission (Global HOMM).

In September 2019, a judgment was obtained from the Kanifing Magistrate’s Court in favour of the group in which writ of possession was issued. From September 2019 to date, they are struggling to take over the land.

In that case, the Gambia Police Force, Ministry of Interior and Director of Lands and Survey were the defendants before the Magistrate’s Court. The defendants through their Counsel admitted to the claims of Global HOMM and the court entered judgment in favour of the group (GHOMM). The court made orders that the group shall take possession of the property. Also, the court awarded cost in favour of the group and ordered the defendants to pay them D50,000 for general damages for trespass. The lower court ordered the defendant to pay the group D25,000 for the cost of the action.

On the 28th January 2021, the Attorney General conceded in the previous case and a judgment was entered in favour of Global HOMM.

In another high court case, Global HOMM is seeking the court to enforce the judgment, but the Attorney General is saying Global HOMM cannot sue.

Lawyer Aji A. Ceesay for the Attorney General made an application for the high court to strike out the suit brought by Home of Medical Mission (Global HOMM) seeking to enforce the judgment in their favour.

Lawyer Ceesay said Global HOMM is not a ‘juristic person’ capable of suing since it is not registered in the country. She applied for the suit to be struck out based on this ground.

Foroyaa has been trying to get the date of the case from the court, but all attempts proved unsuccessful. The Judge, who was handling the case, was promoted to the Gambia Court of Appeal. We will follow the case and will keep the readers informed about whatever happens in court.



"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.

Edited by - toubab1020 on 12 Oct 2021 19:39:12

toubab1020



11364 Posts

Posted - 15 Oct 2021 :  10:22:38  Show Profile Send toubab1020 a Private Message  Reply with Quote

https://foroyaa.net/police-extend-bail-granted-to-personnel-of-global-home-of-medical-mission/

==========

October 14, 2021

Police have on Wednesday extended the bail granted to Nenneh Freda Gomez and other personnel of the Global Home of Medical Mission.

Police spokesman, Superintendent (Spt.) Lamin Njie said on Monday: “Neneh Freda Gomez and two others were arrested for trespassing into a property under litigation at the High Court.”

Global HOMM was on 14 February 2007 registered as a charitable company in The Gambia, Certificate Number: 53/2007. The NGO Affairs Agency certified that Global HOMM was registered, recognized and allowed to operate as an International NGO in The Gambia on 11 September 2008 as A76 NGO.

Gomez and her colleagues reported to the Kairaba Police Station on Wednesday, but were later transported to the Police Headquarters in Banjul.

She said on Wednesday: “They (the Police) consulted with the commissioner of prosecution in Banjul and later informed us that the file is being sent to Banjul. We were again escorted to Banjul at 13:33 pm. There the commissioner also reviewed the file with two of his assistants and later invited us in together with our attorney. He asked us to explain what the issue was and our attorney had to explain the genesis. The commissioner said he will have to consult with his superiors and then get back to us, but said with emphasis that they may have to send the file to the AG Chambers. He then said he will extend the bail to tomorrow morning at 9:00 am.”

The Gambia Police Force on Monday 11th October 2021 pressed charges against Neneh Freda Gomez and two others for allegedly trespassing into a property under litigation at the High Court.

Reports have it that the Citizens Alliance (CA) spokesperson, Neneh Freda Gomez, and her colleagues (Gilbert Manga and Lamin Sey) were picked up by state security agents and taken away on Monday afternoon (11th October 2021), but were later granted bail.

Their arrest was in connection with a property in Bijilo owned by Global Home of Medical Mission.

Readers would recall that The Gambia Government was sued in respect of the same piece of land that was occupied by the Anti-Crime Unit of the Gambia Police Force in Bijilo as their headquarters. However, Foroyaa has been reliably informed that the police have vacated the property.

The Respondents in this case were Minister of Lands and Regional Government, Director for Lands and Surveys and the Attorney General.

On the first ground of the application, Global HOMM sought for the court to declare that the Notice of Acquisition and Revocation of their lease with serial registration number K12/07 in respect to their property in Bijilo which was occupied by the Anti-Crime Unit of the Gambia Police Force was null and void.

On the second ground, they wanted the court to declare that the purpose for which their property has been compulsorily acquired by the State was not for public use.

They also sought from the court a declaration that the lease registration of their property that the Anti-Crime Unit was occupying remained valid and subsisting.

They wanted the court to declare that the allocation and the vesting of title of their property to a third party was null and void.

They wanted the court to make an order that no Notice of Acquisition and Revocation of their leased property be served on them prior to the purported revocation.

They asked the court to make an order setting aside all transactions entered into by the Respondents with any third parties in relation to their property.

They also asked the court to award a cost of five hundred thousand dalasis (D500,000) in their favour.

The State, through State Counsel, Muhammed B. Sowe said the respondents have conceded to the application.

“The respondents concede to the application on the ground that the notice was not gazetted as required by section 7 (5) of the Lands Acquisition and Compensation Act,” Sowe informed the court.

He added: “The Respondent (Attorney General and others) concede to the application and will follow the proper procedure. We have reasons for doing that. We want to follow the right procedure.”

Lawyer Rachael Y. Mendy for the applicants (Global HOMM) indicated to the court that she had no objection to the State Counsel’s submission. However, she sought for the court to go ahead to grant the application.

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Momodou



Denmark
10547 Posts

Posted - 21 Oct 2021 :  09:01:55  Show Profile Send Momodou a Private Message  Reply with Quote
State robery and contempt of law



Disputed former anti-crime land to host a luxury hotel?

The Standard: OCTOBER 20, 2021

By Tabora Bojang


https://standard.gm/disputed-former-anti-crime-land-to-host-a-luxury-hotel/

The disputed land housing the former offices of the police anti-crime unit in Bijilo is part of an area earmarked for the construction of a five-star hotel as part of preparations for the 2022 OIC summit in The Gambia, The Standard has learnt.

The hotel is part of a $100 million concession deal awarded to Senegalese investment company Immoland Sarl which agrees to finance, build and operate it.

According to a statement from the OIC secretariat in Banjul, Abdouaye Thiam, the chairman of Immoland Sarl, the contractors of the project, has led a 17-man delegation to The Gambia comprising technical experts from India and South Africa to begin ground preparations for the commencement of the hotel construction. The team will be accompanied by the OIC secretariat and other stakeholders for an assessment tour of the proposed site today before work begins.

The OIC secretariat said “providing a luxurious accommodation experience to the guests during the global convergence is one of the main priorities of the Secretariat and the government.

“Similarly, such an edifice will reinforce the preeminent position of our country as a ‘go-to’ tourist destination as well as a hub for international meetings, incentive travels, conferences, and exhibitions.”

However, the same land is at the center of a dispute between the police and officials of the Global Homes of Medical Mission, who were previous occupants of the property before it was taken over by ex-president Jammeh in 2010.

The mission won a judgment and a writ of possession as owners of the premises but police continue to guard the place blocking access to the Mission officials despite the relocation of the anti-crime unit to Yundum. Last week, the Mission’s country director Nenneh Freda Gomez, who went to the site to implement the court order, was arrested and charged with criminal trespass.

The Ministry of Justice however said the matter is the subject of ongoing litigation in two suits before two separate judges of the High Court and urged claimants to exercise restraint and follow due process.

When contacted on these concerns, a staff of the OIC secretariat, told The Standard: “As far as we are concerned, there is no controversy regarding this land. It is not contentious. We have all the papers to back it up and everything. Look, the anti-crime left these premises purposely for the OIC project.”

A clear conscience fears no accusation - proverb from Sierra Leone
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toubab1020



11364 Posts

Posted - 21 Oct 2021 :  12:25:39  Show Profile Send toubab1020 a Private Message  Reply with Quote

Now that this matter has been seised upon by the press it is evident that there are many facets to it and is likely to rumble on for some time before any clarity will be seen.

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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toubab1020



11364 Posts

Posted - 26 Oct 2021 :  12:56:29  Show Profile Send toubab1020 a Private Message  Reply with Quote


==========

https://foroyaa.net/global-homm-ask-government-to-stop-trespassing-on-their-land/
==========

By Yankuba Jallow 0n October 25, 2021

Global Home of Medical Mission has renewed its call on the Gambia Government to stop trespassing on its property.

Currently, there are paramilitary stationed at the property and they wouldn’t allow officials from Global HOMM to access the property. Global HOMM have two court decisions in their favour, but they couldn’t still access their property.

The Sheriff Division of the High Court gave Global HOMM possession of the land, but the Gambia Government is denying them access to it. Section 120 (4) of the 1997 Constitution provides that “The Government and all departments and agencies of the Government shall accord such assistance to the courts as the courts may reasonably require to protect their independence, dignity and effectiveness.”

Neneh Freda Gomez speaking on behalf of the organization said Global HOMM plans to build a hospital for the public to access medical service, but the Government wants to forcefully take the land from them to build a hotel for the OIC Summit slated to take place next year.

“Of course, this Executive – this Government have an interest in the property, but instead of following due process – instead of following legal means – instead of them engaging us the legal owners, they are trying to flex their muscles. They are trying to use force to acquire this property for their own selfish individual interests,” Gomez said.

News report on the 20th October both on television and newspaper, showed footage of officials from the OIC Secretariat, at the property in Bijilo with their investor/contractor for a site visit.

“The OIC visit was unlawful. It was done without our authority. We did not permit it – we did not grant it. We didn’t even know about it until it happened,” she said.

Gomez said a court judgment can only be set-aside by another court with superior jurisdiction, adding without which the judgment should be enforced. She informed Foroyaa that their lawyer has written to the OIC Secretariat cautioning them not to trespass on their land.

“Our courts should be taken seriously and judgments should be enforced,” she said.

She said Global HOMM are the legal owners of the property as per the judgment and the leased document.

“Anybody that is doing anything here is trespassing. Anybody that is doing anything here is illegally doing it,” she said.

She said the Government is trying to take the property forcefully and illegally from them. She explained that Government can take over someone’s property, but they must follow due process.

“They [Government] don’t have the right to forcefully take a property from citizens forcefully for their individual selfish interests,” she said.

“Why will you take a property that is meant to be a hospital that is for community use and it will go a long way to serve other countries in our neighbourhood because it is going to be a state of art [standard] hospital?” she said.

She said they will relentlessly push to get back the property using legal means.

Neneh was arrested together with two others by the police some time ago and she is still reporting to the police. She is charged with trespass and malicious injury to property.

“We were arrested unlawfully. They were saying that we trespassed. I don’t know how we can trespass on our own land. They still cannot take us to court. They have been dragging us back and forth,” she said.

The hospital, which was converted as the Anti-Crime Unit headquarters, was unceremoniously closed down in 2010 by the Gambia Government. Global HOMM was unceremoniously expelled from The Gambia by former President Yahya Jammeh without explanation in 2010.

On 14 February 2007, Global HOMM was registered as a charitable company in The Gambia, Certificate Number: 53/2007. The NGO Affairs Agency certified that Global HOMM was registered, recognized and allowed to operate as an International NGO in The Gambia on the 11 September 2008 as A76 NGO.

Global HOMM claimed to have spent a million and half in the construction of the structure that used to house the Anti-Crime Unit of the Gambia Police Force. After it was closed down, the land was abandoned for some time before Jammeh’s Green Boys occupied the place. When the current regime took over from Jammeh, the Green Boys were moved out and replaced with the Anti-Crime, who occupied the place.

In September 2019, a judgment was obtained from the Kanifing Magistrate’s Court in favour of the group in which writ of possession was issued. From September 2019 to date, they are struggling to take over the land.

In that case, the Gambia Police Force, Ministry of Interior and Director of Lands and Survey were the defendants before the Magistrate’s Court. The defendants through their Counsel admitted to the claims of Global HOMM and the court entered judgment in favour of the group. The court made orders that the group shall have possession of the property. Also, the court awarded cost in favour of the group and ordered the defendants to pay them D50,000 for general damages for trespass. The lower court ordered the defendant to pay the group D25,000 for the cost of the action.

In another case, the high court adjudged that the property belongs to Global HOMM after the State through the Attorney General conceded to the claims of Global HOMM.

"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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