D6.7M GPA Economic Crime Case Resumes

The single count economic crime charge pressed against Jahou Jammeh, ex-cashier of the Gambia Ports Authority (GPA), yesterday resumed at the Special Criminal Court, presided over by Justice Emmanuel Nkea of the High Court in Banjul.

The former GPA cashier was charged with the offence of causing the Ports Authority to lose the sum of six million, seven hundred and seventy three thousand Dalasis, six hundred and seven Dalasis and sixty-four Bututs (D6,773,607.64). The accused denied the charge; hence the prosecution opened litigation with the call of witnesses to support their case.
Yesterday's sitting proceeded with cross-examination of the fourth prosecution witness (PW4), Patience Loum, Rating manager of the Gambia Ports Authority. The witness defended her evidence saying it is nothing but the truth.

The defence counsel Kebba Sanyang, cross-examined the GPA’s Rating manager with respect to series of exhibits tendered and admitted in court as evidence. Such exhibits include receipt books, delivery forms of the GPA, among others, with references made to the numbering of such books.

The witness acknowledged that a committee set up by the Gambia Ports Authority to look into entries on various dates, including among other dates 24th January 2011, made an inquiry. She further identified the exhibits shown to her by the defence, saying all the receipts were signed by the accused person, Jahou Jammeh, while some were signed by one Yande Jome.

However, she maintained that a receipt was drawn up by the accused, Jahou Jammeh on 28th and 31st January 2011 and she signed them. The witness identified exhibit F2, which she said was in her custody and she made entries in it based on information she received. The case was adjourned for continuation with an order for the prosecution to supply the defence with the delivery forms cited by the witness.

It could be recalled that the accused was charged under Section 5 (a) of the Economic Crime Specified Act, Laws of The Gambia. The particulars of the offence stated that the accused, Jahou Jammeh, between the month of July and August 2011, in Banjul and diverse places within the jurisdiction of the court, whilst in the employment of the Gambia Ports Authority, unlawfully caused loss of D6,773,607. 64, being the property of the Gambia Ports Authority.

ANOTHER CAPITAL FLIGHT IN THE GAMBIA

Following months of report that Prime Bank Gambia will be sold, the Central of The Gambia (CBG) has come up with reports that the bank has not met its minimum capital requirement for 2012; and therefore is required to go on “voluntary liquidation”.
“The Central Bank of the Gambia is pleased to inform the general public that 12 out of the 13 commercial banks operating in The Gambia met the minimum capital requirement of D200 Million,” a release from CBG reads.

The Central Bank of the Gambia (CBG) issued a directive in 2008 increasing the minimum capital of banks in two stages from D60 million and D200 million to be observed by end-December 2010 and 2012 respectively.

Societe General de Baque Liban (SGBL), the parent company of Prime Bank (Gambia) Ltd has opted to divest its subsidiary in The Gambia, hence the decision not to augment the capital of Prime Bank (Gambia) Ltd to the required minimum capital of D200 million.

Consequently, Prime Bank (Gambia) Ltd sought and obtained the approval of the CBG to go into voluntary liquidation. Prime Bank is sufficiently liquid to meet its obligations to depositors, other creditors and any other person entitled to funds or property thereof, CBG said.

About two years ago CBG issued a higher minimum to ensure that banks are better able to withstand periods of economic and financial stress; maintains market confidence in the solvency of the banking system; imposes market discipline; provides a large cushion to absorb losses as well as protect tax payers from the risk of being called upon to bail out failing banks; and ultimately, enhances the safety and soundness of the Gambian banking system which, in turn, promotes economic growth.

Few months ago, SGBL deputy general manager revealed that they were forced to take of Prime Bank Gambia, due to certain liabilities. The bank was accused of funding international terrorism and the Hezbollah network.

“From day one we were forced to take over Prime Bank Gambia as a result of our acquisition of certain assets and liabilities of the Lebanese Canadian Bank,” said Georges Saghbini, deputy general manager of SGBL.

“We never controlled the bank, we did not do correspondent banking with the bank, it was never an affiliate of ours,” he said. The reason cited for not taking control of the African bank was the US classification of the bank as suspected money-launderer.

FACTS FROM THE US GOVERNMENT ABOUT THE BANK

WASHINGTON// – The U.S. Department of the Treasury today announced the identification of The Lebanese Canadian Bank SAL together with its subsidiaries (LCB) as a financial institution of primary money laundering concern under Section 311 of the USA PATRIOT Act (Section 311) for the bank’s role in facilitating the money laundering activities of an international narcotics trafficking and money laundering network, the Treasury Department announced.

This network, said the statement “moves illegal drugs from South
America to Europe and the Middle East via West Africa and launders hundreds of millions of dollars monthly through accounts held at LCB, as well as through trade-based money laundering involving consumer goods throughout the world, including through used car dealerships in the United States.” Treasury has reason to believe that LCB managers are complicit in the network’s money laundering activities. Today’s action also exposes the terrorist organization Hizballah’s links to LCB and the international narcotics trafficking and money laundering network, the statement added.
Prime Bank Gambia was among the affected Banks blacklisted by the US Treasury Department.

The Bank has been linked to money laundering, and Hizaballah, a terrorist group in Lebanon. The damning report exposes how The Gambia is steadily becoming a save heaven for terrorist groups, which used the West African country as a money laundering outlet to pursue their vicious attacks against freedom loving nations.

“This action seeks to protect the U.S. financial system from the illicit proceeds flowing through LCB and to deprive this international narcotics trafficking and money laundering network of its preferred access point into the formal financial system,” said Under Secretary for Terrorism and Financial Intelligence Stuart Levey. “Any financial institution that collaborates in illicit conduct on this scale risks losing its access to the United States.”

Treasury’s Financial Crimes Enforcement Network (FinCEN) also today filed a Notice of Proposed Rule Making (NPRM), in which it proposes prohibiting U.S. financial institutions from opening or maintaining correspondent or payable-through accounts for LCB. In addition to these regulatory measures, the Treasury Department will work with the Lebanese Central Bank and other relevant Lebanese authorities to address the concerns highlighted by today’s action.

Links to Narcotics Trafficking and Money Laundering Network
LCB – through management complicity, failure of internal controls, and lack of application of prudent banking standards – has been used extensively by persons associated with an international drug trafficking and money laundering network to move hundreds of millions of dollars monthly in cash proceeds from illicit drug sales into the formal financial system.

LCB’s involvement in money laundering is also attributable to a failure to adequately control transactions that are highly vulnerable to criminal exploitation, including cash deposits and cross-border wire transfers; inadequate due diligence on high-risk customers including exchange houses; and, in some cases, complicity in the laundering activity by LCB managers. At least one of the individuals involved in this global drug trafficking and money laundering network has worked directly with LCB managers to conduct his transactions.

Several individuals involved in this global drug trafficking and money laundering network hold or utilize cash deposit accounts at LCB to move hundreds of millions of dollars monthly in cash proceeds from illicit drug sales into the formal financial system. They have also coordinated the laundering of these funds through key foreign nodes of the network using LCB accounts.

“The Lebanese Canadian Bank for years has participated in a sophisticated money laundering scheme involving used cars purchased in the United States and consumer goods overseas. Thanks to DEA-led operations, as well as today's Treasury action, we are exposing and disrupting this money laundering network and its connections to global drug trafficking and Hizballah,” said DEA Administrator Michele M. Leonhart.

Drug Kingpin Ayman Joumaa and his Lebanon-based drug trafficking and money laundering network, along with several other individuals, have used LCB to launder narcotics proceeds – as much as $200 million per month – as part of this international money laundering network.

In this criminal scheme, the proceeds are laundered through various methods, including bulk cash smuggling operations and use of several Lebanese exchange houses that utilize accounts at LCB branches. On January 26, Treasury designated Joumaa along with nine individuals and 19 entities in his network as Specially Designated Narcotics Traffickers pursuant to the Foreign Narcotics Kingpin Designation Act (Kingpin Act).

Links to Hizballah

According to U.S. Government information, Hizballah derived financial support from the criminal activities of Joumaa’s network.
LCB managers are also linked to Hizballah officials outside of Lebanon. For example,

Hizballah’s Tehran-based envoy Abdallah Safieddine was involved in Iranian officials’ access to LCB and key LCB managers, who provide them banking services. LCB’s other links to Hizballah include LCB’s subsidiary, Gambia-based Prime Bank, which is partially owned by a Lebanese individual known to be a supporter of Hizballah.

Hizbollah was designated by the Department of State as a Foreign Terrorist Organization (FTO) in October 1997 and as a Specially Designated Global Terrorist (SDGT) under Executive Order (E.O.) 13224 in October 2001.

Background on LCB

LCB is based in Beirut, Lebanon and maintains a network of 35 branches in Lebanon and a representative office in Montreal, Canada.

Originally established in 1960 as Banque des Activities Economiques SAL, it operated as a subsidiary of the Royal Bank of Canada Middle East from 1968 to 1988 and is now a privately owned Lebanese bank. LCB offers a broad range of corporate, retail, and investment products, and it maintains extensive correspondent accounts with banks worldwide, including several U.S. financial institutions. As of 2009, LCB’s total assets were worth more than $5 billion.

LCB has a controlling financial interest in a number of subsidiaries covered by today’s 311 action, including LCB Investments SAL, LCB Finance SAL, LCB Estates SAL, LCB Insurance Brokerage House SAL, Dubai-based Tabadul for Shares and Bonds LLC, and Prime Bank Limited of Gambia. LCB owns 51 percent of Prime Bank, while remaining shares are held by local and Lebanese partners. LCB serves as the sole correspondent bank for Prime Bank.

Background on Section 311

Section 311 grants the Secretary of the Treasury the authority to identify a foreign jurisdiction, institution, class of transaction, or type of account as an entity of “primary money laundering concern.” The Secretary can then require domestic financial institutions and financial agencies to take certain “special measures” against the entity of primary money laundering concern.

Meanwhile, according to the New York Times “The complaint against the Beirut-based Lebanese Canadian Bank was filed under a rarely used provision of the Patriot Act that allows the Treasury Department to publicly identify financial institutions considered “primary money laundering concerns” and then move to restrict their business dealings in the United States.”

The bank denied knowledge of any wrongdoing, saying in a statement that it would “fully cooperate and coordinate with the relevant regulatory authorities in an effort to demonstrate the integrity and transparency of its operations.”
The move comes at a time when Lebanon, a Middle East banking hub, is struggling to overcome one of its worst political crises in recent history, and could exacerbate tensions between the United States and Hezbollah, a powerful Shiite Muslim movement.

Drug Enforcement Administration officials said the complaint culminated a five-year investigation involving agents in Colombia, West Africa, Europe, the Middle East and the United States. The officials said it shed light on the ways that terrorist organizations increasingly relied on the illegal drug trade to help finance their activities, the paper reported.

“As the number of state sponsors of terror go down, and other financing streams dry up, drug trafficking is filling the void,” said Derek Maltz, the D.E.A. special agent in charge of the investigation.

During a news conference, Stuart A. Levey, a treasury under secretary, described an elaborate global clunkers-for-cash kind of scheme in which senior managers at the bank used its connections to financial institutions like exchange houses around the world to help launder money for Ayman Joumaa, whom the Treasury Department has declared a drug kingpin. Mr. Levey said Mr. Joumaa, whose assets in the United States were frozen last month by the department’s Office of Foreign Assets Control, moved shipments of cocaine from Colombia through West Africa to buyers in Europe.

The bulk cash from those sales was deposited into accounts at the Lebanese Canadian Bank, and then wired to used car dealers in the United States, who would buy vehicles and ship them to West Africa or other overseas destinations to be sold, the complaint said.

Mr. Levey said that the bank also helped Mr. Joumaa wire money to collaborators in Asia, who would buy consumer goods that were shipped for sale to countries in Latin America.

It is unclear, treasury officials said, how much of the profits from those sales was used to support Hezbollah, which the United States formally designated as a terrorist organization in 1997.

Mr. Levey said several bank officials were linked to Hezbollah officials outside of Lebanon, including in Iran and Gambia.
Lebanese officials close to their country’s robust banking sector said that though the bank was owned by a Maronite Christian, several members of its board — including senior Shiite leaders — and more than half its employees were Shiites either sympathetic to, or supportive of, Hezbollah. They said the bank’s main clients were Lebanese businessmen who worked in Africa, a majority of them Shiites.

Law Making Body Approves Gambia's Petition Against EU Demands

Following a push and pull between the government of The Gambia and the European Union, the law making body of the former unanimously considered and approved the Petition by the Gambian government against the European Union's Article 8 Political Dialogue with the government.

The session followed the demand by some Gambians after a peaceful political demonstration some weeks ago for the legislative body to take up the matter with the EU Parliament in a manner that would uphold and maintain the dignity of the country.
In a petition against the EU, some Gambians, acting in solidarity with the president of the Republic and the government, expressed their grievances and utter disagreement with the EU's 17-point proposed ‘Political Dialogue’ with the Gambian government.

According to the petition, - drafted by the ruling party parliamentarians -Gambians believed that the demands of the EU are baseless in substance, procedure and covert intentions and that the conditions violate the sovereign rights of the Gambian people.

The petitioners also believe that the EU acted beyond the limits of a genuine and balanced dialogue by laying down conditions with timeframe prior to consultations on such measures, which is seen as both arbitrary and high-handed.

Again, they described EU’s actions as a proof that they do not have regard for the independence of the Gambian state; that they have infringed the sovereign rights of The Gambian people by ordering the review of laws that are promulgated by the National Assembly and in accordance with the provisions of the Constitution of The Gambia.

In summary, the people further described the EU's action as an indication of direct interference in the domestic affairs of the country, an attempt geared towards undermining the peace and stability in the country, which the Gambian people shall never accept.

FABAKARY TOMBONG JATTA
Laying the motion before the House, Hon. Fabakary Tombong Jatta, the Majority leader and National Assembly member for Serrekunda East, thanked the Gambian people for abiding by the democratic tenets in presenting their issues to the National Assembly. He stressed that The Gambia is a sovereign and independent state, noting that the National Assembly will act because the people they represent have raised concerns.

He told deputies that The Gambia is prepared to improve on all issues for national development, but it has to be based on respect for the country. “Dialogue must not be pre-conditioned but it has to be with respect. The Gambia is ready to forgo any aid that will enslave us,” he said.

Hon. Jatta referred the house to the Constitution that states that every citizen should endeavour to defend the sovereignty of the country. “We are willing to partner and dialogue with any institution on all issues but based on recognising and respecting The Gambia as an independent state,” he stated, adding that the tone and timeframe imposed by the EU is unacceptable. He said the government of The Gambia had done a lot of preparations for the dialogue prior to the letter from EU, adding that any partnership and dialogue must be based on respect.

On the issue of press freedom, Hon Jatta once again stressed that no government will go out to give absolute freedom to throw its country into chaos. He pointed out that rights go with responsibilities. “We agree that the media is the fourth arm of government and partners in national development, but what we want is a vibrant and responsible press. It is under this regime that we have lot of newspapers and radio stations,” he added.

Gambians protest agains Jammeh's regime

Dr. Njogu Bah, the secretary general and head of the Civil Service who is also the minister for Presidential Affairs, conveyed President Jammeh’s warmest greeting to the speaker and through him to the entire members of the National Assembly.
He said: “His Excellency, the president applauds the laudable initiative to debate, consider and approve the petition by the Gambian people on the European Union’s Article 8 Political Dialogue with the Gambia government.”

He averred that the position of the government on the issue is very clear, noting that the sovereignty of the country cannot be and would never be compromised because of the
EU or any other thing.

“The government’s position is that, we are pulling out completely from the Article 8 Political Dialogue with EU and its affiliatedinstitutions because the conditions and timeline imposed are unacceptable and it would not be implemented,” he declared.

Minister Bah told the House that the EU is not out for dialogue or negotiation and looking at their submission, the government finds it very insulting and disrespectful for the independence and sovereignty of this nation.

He continued: “We are not averse to dialogue with anybody but we demand respect and nothing else. We must ask ourselves who is raising this red flag here. They should apologise and compensate Africa for colonialism and slavery and only then can The Gambia consider the topic. We have our laws and they are as adequate as they are now.

Whatever action(s) is taken here is within the dictates of the law. They have their own laws and we can take many points in their system that are not perfect.”

The Presidential Affairs minister also said the EU has no moral authority to interfere in the affairs of The Gambia, looking at the maltreatment being meted out to Muslims, blacks and Africans in EU countries with impunity, with nothing being said about it. He said the EU wants to bring chaos and enmity in the country, and vowed that it would not happen in a billion years.

Yahya Jammeh Leads the Way to a Credit Union for Cabinet Ministers

In what many viewed as a boost for credit union, the president of the Republic of The Gambia has donated D0.5M to cabinet minister in order to kick-start a “Cabinet Credit Union”.

At a presentation ceremony on Monday at the Cabinet Room in State House, Jammeh presented a Trust Bank Savings Account booklet to his vice president, advising ministers to make best use of the initiative.

“It is inline with my pledge to make sure that the Cabinet also has a credit union just like any other institution, I hereby present to the Cabinet through you, the [vice president], this Savings Account book with a sum of five hundred thousand dalasi to kick-start operating a Cabinet Credit Union,” he told them.

47-year old Jammeh urged the ministers to work with the vice president and put up a mechanism of contributing monthly to the union’s account.

I his words: “The idea of a credit union is a wonderful one; however for any credit union to survive, when you borrow, you must carry forward and pay. If you borrow without paying, the credit union will be dead. Sometimes in Cabinet, you have unexpected occurrence where we need to put funds together, assist one person or the other. Because of the lack of such a fund, sometimes it is difficult for members to contribute meaningfully. I think with this fund, you will be able to take care of any eventualities comfortably without any hardship.”

A win-win or win-loose scenario

The Gambian leader stressed that membership of the union is for all ministers whether they are in Cabinet or not. He said in the event that a minister is no more in cabinet and owes the union, his or her money will be deducted from what he/she contributed and the balance will be given back to him/her.

This however, lead analysst to think about the proposal; often ending up with a thought that Jammeh is trying to create a situation whereas his cabinet ministers will give back to the cabinet their little salaries. In the event a minister is sacked, the situation could be abhorrent.

However, Jammeh quickly said: “We are not taking anybody’s money. It is a credit union, if you leave whatever is not used, your balance will be given back to you and still you can be a member of the union because once a member you are always a member, whether you are out of Cabinet or not because we are not supposed to friends when you are here and enemies when you leave unless you have other motives. In the event that you leave, the choice is yours. If you want, you take your balance, if you want, you leave it and continue being part of it.”

OCEAN BAY HOTEL BLOSSOMS DESPITE GLOBAL CHALLENGES

One of Gambia’s biggest hotels has been reported to making margins of improvement as total revenue reached D74, 493M ($2,244 500) in 2011 compared to D55, 842m ($1,693,737) in 2010.

Juergen Odenwald, the hotel’s general manager told the National Assembly’s Public Accounts and Public Enterprise (PAC/PEC) committee during an annual activity that the hotel’s Gross Profit in 2011 was D58, 989M compared to D42, 794M in 2010, while the Net Loss in 2011 was D6, 491M compared to D14, 346M in 2010.

He explained that the management of Social Security and Housing Finance Corporation (SSHFC) conducted a business study to appraise the viability of procuring the Hotel and redeveloping it into a five-star standard.

A view of Ocean Bay



“The management saw the investment as a way of diversifying from traditional investment in Treasury Bills, bank term deposits, equity holdings, and housing to the vibrant hospitality sector which at the time showed bright prospects,” Odenwald said.
With the global financial crises, the hospitality industry of the Gambia, like many countries in the developing world, has also faced some daunting challenges: tourist arrival has taken a downturn. The country, which depends largely on agriculture and tourism, is everyday on the look for means of improving its tourism sector, hence the renovation of Ocean Bay.

Among the challenges he highlighted are; the World Economic downturn that has impacted heavily on tourist arrivals, the transaction cost of tour operators that affects the Hotel’s revenue among others.

“The management saw the investment as a way of diversifying from traditional investment in Treasury Bills, bank term deposits, equity holdings, and housing to the vibrant hospitality sector which at the time showed bright prospects,” Odenwald said.
He told the Committee that the Hotel was initially a two-star rating, and that it was the intention of the Management of SSHFC with the support of the government of The
Gambia to completely transform it into a five-star hotel.

He said that it was in this light that the then managing director of Kairaba Beach Hotel was given the consultancy to direct the Emporium Construction Company team to reconstruct and develop it into a five-star standard. He then recalled that except for the main structure, the hotel was virtually stripped of everything and then rebuilt, re-equipped and refurnished at a cost of D393, 116, 184.

Like every other hotel, Ocean Bay’s main revenue generating departments are the Rooms, Food and Beverages Department which comprises of the Kitchen, Restaurant and Bars and the Conference and Banqueting Departments.

The hotel would continue to target clients especially from the United Kingdom and Europe and at the same time target the niche corporate clientele from the sub-region especially Nigeria and Senegal market for the low tourist season, he added.

GAMBIA RISKED FACING EU’s AID CUT

The Gambia is feared loosing millions of Euros in financial aid from its main donor - the European Union (EU), amid its President outright rejection of the governance reforms that the EU has seen as an iron fist.
The block – comprising 27 member states - has demanded The Gambia government to reform it political governance and structure in order to improve the country’s governance and human rights situations.

The Eu has presented a 17-point demand to The Gambia government; but Jammeh has persistently rejected the proposal, viewing it as a foreign woven-mechanism, meddling in his rule of the West African state. The EU has also scheduled a meeting - EU Article 8 Intensified Political - with the government slated for January this year, during which the demands are to be discussed.

In a cabinet meeting on recently, President Jammeh denounced and rubbished all the demands by the EU saying that there is no need to meet with the EU because “none of their demands is subject for discussion”.

The EU says it demands are prompted by the significant deterioration in the human rights situation in The Gambia in recent months, notably the execution of nine death row inmates, the forced closure of independent radio stations and newspapers, the trial against persons on the basis of their sexual orientation and the arbitrary arrest and detention of journalists and human rights defenders.

Among the reforms that they are demanding from the government are: the upholding of moratorium on the death penalty with immediate effect, revision of laws on freedom of expression and media regulations within 24 months, provision of information regarding the recent executions, including location of burial to the families.

President Jammeh’s strong refusal of these reforms could render some ramifications on the government and the people of The Gambia.
Cutting aid to a country that has been high dependant on foreign aid, could pinched seriously on the government’s coffer, because it cannot fend for its 1.8 million people – two third of which live on the breadline.

AFP JOURNALIST THREATEN TO GO ON HUNGER STRIKE IF...

A Gambian journalist who is also a stringer for Agence France-Presse has threaten to go on hunger strike if detained by the government of the Gambia.

The arrest and detention of Abdoulie John is reported by the Jollofnews.com, another online news site that he served as am editor. If confirmed this is another setback for Gambian journalists who work under hostile environment. Abdoulie John also onetime editor with the Daily Observer, a pro-government newspaper was arrested and detained on 9th December 2012.

Daily News has reportedly contacted the Secretary General of the Gambia Press Union; Mr. Gibairu Janneh to confirmed the arrest and detention of John, but he could not confirm at the time of going to press. Janneh however promise to find out and will come back to the Daily News.

Here is a version of the Jollofnews.

The head of the National Intelligence Agency (NIA) ordered the detention of Mr Abdoulie John, JollofNews Gambia Editor who was attending a ceremony in Tambakunda village, near the Senegalese province of Casamance, ON Sunday the 9th December 2012.
Upon their arrival in Tambakunda, the photographer, Sulayman Gassama, demanded to know who invited John to the occasion. This is contained a news release from Jollofnews. John replied that he should go and ask the organisers.
Gasama’s insistence forced John to tell him to "Go to hell!"
Later, the NIA director approached John and said: "Mr John, you stay here. You will not go with us!"

He then ordered some military personnel to arrest the journalist, put him in a military pick-up and took him to Sibanor Police Station in Foni, and then put him in a different vehicle which was moving behind a convoy towards Banjul.
John is threatening to go on hunger strike if they detain him.
“I will start a hunger strike total one,” he said.

The world should know that this was how Chief Manneh got disappeared, after been reported on by a fellow journalist.
JollofNews holds the Jammeh government entirely responsible for Abdoulie John’s life. Also, Sulayman Gasama and the NIA boss will be held equally responsible.
As we go to press Abdoulie John is on his way to NIA headquarters in Banjul.

EU AND THE NOBEL PEACE PRIZE: A VIEW FROM AN INSIDER

Madam Agnès Guillaud, Chargée d’Affaires shed light on the Nobel Peace Prize awarded to the European Union.

Here is a verbatim of her statement:

For many the news from Oslo that the European Union had been awarded the Nobel Peace Prize for 2012 came as a surprise. Some believed it odd that this recognition was awarded at a time when social tensions and xenophobia are on the rise and when the EU is mired in crisis: an economic crisis, but also a crisis of confidence. The uncertainty we are living through means real hardship for many of our citizens. Along with their jobs, their pensions and their savings, they have also lost confidence in the European project. Extremists abuse our current economic woes to pander populist messages while for others it is proof that Europe is increasingly irrelevant on the world stage. But we cannot let our commitment to peace be undermined by populism or self-derision.

Madam Agnès Guillaud



I see the award is a timely reminder of what our Union stands for and the fundamental principle it was built around - transforming a war torn continent into a union of democracies. For those that rebuilt Europe from the rubble of war, it is still a miracle that the wounds of conflict could be overcome to give former enemies a common future. Since then, the EU has offered membership to country after country, bolstering their democracies and including them in the world's largest internal market. Today the EU continues to exude its drawing power and serves as a stabilising force beyond its borders.

For all these achievements we should not be complacent. With their prestigious recognition the Nobel committee also sent a clear message to the EU: we must protect a Union built on six decades spent in the pursuit of peace from disintegration and resurgent nationalisms.

At a time when some like to portray the EU as a "has been", the Nobel peace prize is a recognition that resonates with all generations. The many congratulations we received from leaders and individual citizens around the globe are also a reminder that - despite the recent gloom surrounding the EU- the commitment to peace never goes out of fashion.

Rather than rest on our laurels, we should take the award as a boost to step up our engagement for lasting peace and prosperity. We need to make Europe's mission for peace a forward-looking one. I am happy and proud to be part of opening a new chapter in the EU's external relations through a unique creation- the European External Action Service. The Nobel Peace Prize puts new wind in our sails to reach out and help those who do not enjoy the same freedoms as we do and whose lives might be threatened by war, deprivation or hunger.

From Afghanistan to Somalia the EU will continue to champion human rights around the globe. To do so, it deploys all of its capacities, its expertise in crisis prevention and resolution, the diplomatic skills of its staff on the ground, and development aid to assist those in need. In the wake of the Arab spring, we have refashioned our approach to promote democracy and prosperity together with our closest neighbours. We are also lending our strongest diplomatic efforts in leading negotiations with Iran and, as part of the Quartet, to secure peace in the Middle East.

African holds a special place in our external relations. We are working tirelessly to help our partners achieve the Millennium Development Goals, as we recognise that human rights, democracy and peace – our founding values – cannot prosper amidst suffering and poverty. We will continue to work tirelessly to ensure that people around the globe can count on the EU to give them a helping hand.

I hope that the ability to support others in their struggle for democracy and freedom will also be a source of inspiration to those who have lost faith in our project. That it will encourage them to continue to work together so that many more generations in Europe and beyond can enjoy what we cherish every day: peace, democracy and the guarantee of fundamental freedoms.

THE ODYSSEY OF IMAM BABA LEIGH: SEASONED POLITICAN SALLAH PUTS PEN TO PAPER

Amidst rumours of tortures and even the death of Imam Baba Leigh who was picked and detained by the state since December 3rd, no one has come out to clear the air of such rumurs. Not even the arresting officers the National Intelligence Agency (NIA). It is against this background that Halifa Sallah a sociologist and politician wrote to the President of the Gambia. He urges the President to intervene with immediacy.

HALIFA SALLAH WRITES:

The rumours that are spreading regarding the personal security and well being of Baba Leigh is raising the political temperature in the country as anxiety and disbelief emerge from even unexpected quarters. The very supporters of your party are outraged by rumours of torture and murder.

The family of Imam Baba Leigh is powerless to dispel the rumours since they do not have any privileged information regarding his whereabouts. Despite my strong conviction that no one dares to murder Baba Leigh, I often have doubts why he is not released or at least allowed visits which is a right enjoyed by people remanded in custody to give effect to the principle of presumption of innocence. Imam Baba Leigh is not even enjoying the right of a prisoner remanded in custody pending his or her hearing, that is, the right to be visited by family members, receive food and clothes from them and acquire the counsel of a legal practitioner. Baba Leigh is held incommunicado and many rumours are spreading that, to say the least, are unsettling to the state of mind of his loved ones.

Mr President, your government has tried to distance itself from the murder of Deyda Hydara and the disappearance of Chief Manneh by conceding to external investigation. What image does it hope to give itself by ignoring all the national and international appeals for the release of Imam Baba Leigh?

It is becoming monotonous to repeat ad infinitum that you have sworn to uphold and defend the Constitution without fear or favour, affection or ill will. This oath should censor your behaviour.

Imam Baba Leigh left with his car and was led to his place of detention. You may investigate where the car is parked and find out how it got there. This case cannot be a case of disappearance. It is easy to investigate and get to the truth of Imam Baba Leigh’s arrest and detention. Since the NIA is directly under the office of the President, you should find out from them where Imam Baba Leigh’s transport is parked and those who parked it there should explain to you where he is and why he has been detained for 25 days in gross violation of Section 19 of the Constitution which gives him the inviolable and inalienable right to see a legal counsel within three hours of detention and be released or taken before a court within 72 hours of detention. This is the dictate of the Constitution. Section 19 (2) reads:

“Any person who is arrested or detained shall be informed as soon as is reasonably practicable and in any case within three hours, in a language that he or she can understands, of the reasons for his or her arrest or detention and of his or her right to consult a legal practitioner.”

Furthermore, section 19(3) reads:

“Any person who is arrested or detained-

(a) for the purpose of bringing him or her before a court in execution of the order of a court, or

(b) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the Laws of The Gambia, and who is not released, shall be brought without undue delay before a court and, in any event, within seventy-two hours.”

Section 17 of the constitution obliges you and your agents to uphold Section 19, among other fundamental rights and freedoms. It reads:

“The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by all organs of the Executive and its agencies, the Legislature and, where applicable to them, by all natural and legal persons in The Gambia, and shall be enforceable by the Courts in accordance with this Constitution.”

Mr President, It is incontrovertible that a democratic state should be a protector and not an oppressor of the citizenry. Every disregard of the dictates of the Constitution amounts to impunity. Impunity has no place in a constitutional order. It runs counter to the principles of the rule of law. It is true that the family could have gone and should go to the High Court for redress of unlawful detention beyond 72 hours without trial. The fact that they fear lengthening Imam Baba’s detention if they take court action is instructive of the type of logic that impunity breeds.

To conclude, let me take this opportunity to reiterate that a government that cannot be criticised, scrutinised and restrained by its own citizens would end up ruling by coercion and oppression. Such a government would have lost its merit to be a government of a civilized and democratic people.

I therefore hope that you will intervene with immediacy to facilitate the release of Imam Baba Leigh and make a New Year Resolution to ensure that the government and its agents will adhere to the dictates of the Constitution and the standards of best practice in democratic governance.

While anticipating a favourable response

I remain

Yours in the service of the nation

Halifa Sallah