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Gambia fined to pay US$110,000 to daughter of disappeared citizen
The Court said in its judgment delivered by Justice Sengu Mohamed Koroma on July 5, 2023 that 100,000 USD of the amount is for the violation of the fundamental rights of Ms Nana-Jo N’dow while the remaining 10,000 USD is reimbursement for monies spent on forensic inquiry and identification of the late father’s grave.
Justice Koroma said although the Gambian government discharged its obligation to provide remedy, it was not done within reasonable time in accordance with Article 7 (1) of the African Charter on Human and Peoples’ Rights (ACHPR).
The Court also awarded cost in favour of the Applicant, Ms N’dow.
But on May 26, 2017, Lamin Jarju of the Ministry of Justice wrote a legal advice to the Director of Public Prosecution in which he alleged that Ndow and Cham collaborated with Jarju and Camara to overthrow the Gambian government. He concluded that there was insufficient evidence to charge Jarju and Camara and recommended instead that an investigation be carried out to determine their involvement in the abduction, their inclusion in the payroll of the Gambian Army and the role of four junglers, an elite squad of the army, that reportedly whisked off both missing men.
Thus, the case against both suspects was dismissed for lack of sufficient evidence but Nana-Jo said the bases for the dismissal were inconsistent and incorrect and Sarjo Cham’s statement was not considered in reaching that conclusion.
Consequently, the applicant said she lodged an appeal with the Ministries of Justice and Interior on the grounds of lack of proper investigation and in response, the Ministry of Justice asked the Ndow family to provide information or evidence to assist the investigation and the prosecution of the culprits.
She said that in response, the Ministry was advised to interrogate Pa Ousman Sanneh, a former member of the Jungler squad, who was then in detention and who was named in the newspaper report as responsible for the assassination of Ndow and Cham, charge him with murder, and arrest and prosecute Jarju and Camara for aiding and abetting both murders.
The applicant said that the Ministry of Justice had assured her that it would ensure “justice is done and seen to be done in all cases of abuse and crime under the 22-year rule of former president Jammeh”.
According to Nana-Jo, the ministry’s response referred to the Truth Reconciliation and Reparations Commission (TRRC) set up by the government with the primary mandate of truth-seeking by establishing facts and identifying root causes of the violations which was not a judicial body to prosecute, or grant amnesty, reparation, etc. She added that TRRC states that informants and witnesses shall not be subjected to civil or criminal proceedings for disclosing human rights violation and if remorseful may be granted amnesty.
The applicant added that she sent a sent a letter on May 31, 2018 to the Ministry of Justice and Vice President of The Gambia regarding initiatives taken by The Gambian Center for Victims of Human Rights Violations in relation to the enforced disappearances and recommendations for next steps. She said that the letter led to the exhumation and identification of the mortal remains of four presumed victims – Solo Sandeng, Lamin Sanneh, Jaja Nyass and Njaga Jagne by Justice Rapid Response assisting the government after which a letter was sent to the widow of late Mr Ndow, Mrs Ernestina Ndow, assuring her that further exhumation will be carried out under the direction of TRRC which would have a full investigative unit.
However, she said that since July 2018, no investigation had been conducted or initiated though there had been confession by people suspected to be connected with the disappearance and alleged murder while the remains of the late Saul Ndow was later located. Despite that, the applicant said the Gambian government failed to act thereby contradicting the provisions of Article 7 of the African Charter on Human and Peoples’ Rights and Article 8 of the Universal Declaration of Human and Peoples’ Rights (UDHR) that guarantees right to effective remedy.
She therefore urged the Court to hold the government liable for violations of the right to life as guaranteed in Article 3 of UDHR and Article 4 of the African Charter, as well as the right to be tried within reasonable time in line with Article 7 of the ACHPR.
She also asked the Court to order the government to carry out a proper and timely investigation leading to the prosecution of those indicted and the reimbursement of the 10,000 USD she spent on forensic inquiry and identification of her father’s grave and another 100,000 USD as compensation for the violations.
For their part, the Gambian government told the Court that the State had investigated, identified the culprit and issued a white paper which should form the basis for the prosecution of those responsible for the abduction and murder.
Mr Kimberg Tebene Tah, lawyer representing the State, also acknowledged that victims were entitled to reparation and that funds had been allocated for them, adding that it would amount to granting double reliefs or compensation should the Court award reparation to the applicant. The Respondent State asked for more time to allow the government to implement the recommendations of the TRRC which he claimed was similar to the reliefs sought by Ms Nana-Jo.
However, Nana-Jo’s lawyers told the Court that the investigations carried out by the TRRC was not effective since it did not lead to the prosecution of anyone. More so, TRRC was not a court and could not handle a criminal case of this nature, adding that 10 years after, there had been no prosecution, nor compensation, while the government had not provided any evidence to demonstrate its readiness to pay reparation to the victims. They urged the Court to grant their reliefs.
In its analysis, the Court held it was competent to hear the matter, despite the claims of the Republic of The Gambia and that the matter was admissible after noting that Ms Nana-Jo had established sufficient relationship as an indirect victim.
On the merit, the Court observed that the State violated the rights to life of Saul Ndow but that by setting up TRRC, the State performed its obligation to provide effective remedy.
While commending the State for the work done so far at TRRC, the Court noted that four years of not prosecuting nor awarding reparation while the case was pending and ten years after the incident, could not be considered as working within reasonable time.
Consequently, it awarded 10,000 USD as monies recoverable and 100,000 USD as damages. It also ordered the Gambian government to ensure all its human rights obligations were fulfilled through the TRRC without delay, and to submit to the Court within six (6) months measures taken to implement this judgment.
Also on the panel were Justices Gberi-Be Ouattara and Ricardo Claúdio Monteiro Gonçalves.
credit to: thepoint news paper
Tinubu Leaves for Guinea Bissau Saturday
* To attend ECOWAS summit Sunday
Deji Elumoye in Abuja
President Bola Ahmed Tinubu will depart Abuja for Guinea-Bissau on Saturday, July 8, to attend the 63rd Ordinary Session of the Authority of Heads of State and Government of the Economic Community of West African States (ECOWAS), in Bissau, capital of the Republic of Guinea-Bissau.
According to a release issued Friday by the Special Adviser to the President on Special Duties, Communications and Strategy, Mr Dele Alake, the summit, which holds on Sunday, July 9, is expected to address memoranda on pressing sub-regional issues including Report of the 50th Ordinary Session of the Mediation and Security Council (MSC) covering security challenges faced by the member countries; Report of the 90th Ordinary Session of ECOWAS Council of Ministers on the financial situation of the body and the implementation of the African Continental Free Trade Area (AfCFTA), as well as Report on the status of Transition in the Republics of Mali, Burkina Faso and Guinea.
Other issues slated for discussion include: Memoranda on the ECOWAS Single Currency Programme and the Report on Obstacles to Free Movement of Goods on the Abidjan-Lagos corridor.
President Tinubu will be accompanied by some members of the Presidential Policy Advisory Council and other top government officials.
He is due back in the country at the end of the meeting.
Credit to: thisdaylive
Alleged forgery: Mmesoma’s case should serve as warning to UTME cheats — ex-NUC boss, Okebukola
FORMER Executive Secretary of National Universities Commission, NUC, Emeritus Prof. Peter Okebukola, said yesterday that the case of Ejikeme Joy Mmesoma should be a warning to potential Unified Tertiary Matriculation Examination, UTME, cheats.
According to him, Mmesoma’s episode has shown that JAMB has moved several steps ahead of examination cheats.
Describing the incident as unfortunate, he said many people were unaware of the thoroughness of the Registrar of the Joint Admissions and Matriculation Board, Prof. Is-haq Oloyede, in promoting the integrity of JAMB-conducted examinations.
Mmesoma had claimed to have scored 362 in the 2023 UTME, and was celebrated as the highest scorer of the examination.
The accusation by JAMB that the result was fake and manipulated by the candidate from her original score of 249 triggered reactions from the public.
However, after being presented with incontrovertible evidence, the 19-year-old candidate from Anambra sState, admitted that her score, according to a text message she received from the Board, was 249.
While reacting to the development in a statement in Abuja yesterday, Okebukola, who is the immediate past chairman, Governing Board of the National Open University of Nigeria, NOUN, said this was a confirmation that “Prof. Oloyede and his able team at JAMB ” were jumps ahead of unscrupulous persons.’
He called on all educational institutions and examination bodies to adopt the Oloyede model and techniques of stamping out examination malpractice in schools and public examinations in the country.
The statement read: “The findings from my usually-reliable sources confirm that there is some hanky-panky with the results which Ejikeme Joy Mmesoma claim to have obtained in the 2023 UTME.
“I think many people are unaware of the thoroughness of Professor Is-haq Oloyede in promoting the integrity of JAMB-conducted examinations.
“He loves all candidates and will stop at nothing to ensure that unadulterated results are published and duly qualified candidates are admitted to our tertiary institutions based on existing vacancies.
“On the other hand, he will also stop at nothing to penalise any centre or candidate whose integrity will tarnish the image of JAMB.
“Urge all our educational institutions and examination bodies to adopt/adapt the Oloyede model and techniques of stamping out examination malpractice in our school and public examinations.
“You cannot get away with bad practice with Professor Oloyede who is globally-acclaimed as a leading light in higher education in Africa. The indisputable facts that I have, point to my advising the candidate to subject herself to the decision of JAMB.
Mason Mount explains why he left Chelsea in £60m Man Utd transfer & talks up his role in Red Devils’ plans
Mason Mount says it “became clear that I wasn’t in Chelsea’s plans” as he explains why a £60m ($76m) transfer to Manchester United has been made.
- Spent 18 years with the Blues
- Looking for a new challenge
- Confident he can impress
WHAT HAPPENED? The England international, who came through the academy system at Stamford Bridge, is taking on a new challenge after 18 years tied to the Blues – during which he made 195 appearances. Mount did figure in 35 games last season, but only scored three goals and was not a guaranteed starter. He had also entered the final year of his contract in west London, with the decision taken to head for Old Trafford and rediscover a professional spark.
WHAT THEY SAID: Mount has told MUTV of leaving his comfort zone: “Several months ago, it became clear that I wasn’t in Chelsea’s plans moving forward. Once I knew that United were involved, my decision was made up. A massive club, huge iconic players have played here, and I wanted to be a part of that from the beginning. Getting in early and ready for pre-season to start was a main objective of mine as well.”
THE BIGGER PICTURE: Mount has been handed the iconic No.7 shirt at United and believes he can make an important contribution in the Red Devils’ engine room. He added on his role in Erik ten Hag’s plans: “I’ve always seen myself as a midfielder or a number eight that can obviously get forward, attack, try and score goals, create goals, but also be able to do the other side as well and defend and help the team when we’re under pressure. That’s obviously a massive focus of mine, being able to come here and help the boys in that situation and I know what I can bring to this team and now it’s about going and doing it on the pitch.”
Credit to: goal.com
Alleged Result Manipulation Saga: Oloyede is several jumps ahead of UTME cheats- Okebukola
A former Executive Secretary of the National Universities Commission (NUC), Emeritus Professor Peter Okebukola has averred that the Ejikeme Joy Mmesoma episode should be a warning to potential Unified Tertiary Matriculation Examination cheats, that the Board is several jumps ahead of them.
Prof Okebukola who described the incident as unfortunate said many people are unaware of the thoroughness of the Registrar of the Joint Admissions and Matriculation Board (JAMB), Prof. Is-haq Oloyede in promoting the integrity of JAMB-conducted examinations.
Mmesoma had claimed to have scored 362 in the 2023 UTME and was celebrated as the highest scorer of the examination. The accusation by JAMB that the result was fake and manipulated by the candidate from her original score of 249 triggered reactions from the public.
However, after being presented with incontrovertible evidence, the 19-year-old candidate from Anambra state, admitted that her score according to a text message she received from the Board was 249.
While reacting to the development on Thursday in a statement made available to newsmen in Abuja, Okebukola who is the immediate Chairman Governing Board of the National Open University of Nigeria, NOUN said this was a confirmation that “Prof. Oloyede and his able team at JAMB “are jumps ahead of such unscrupulous persons”.
He has accordingly called on all educational institutions and examination bodies to adopt the Oloyede model and techniques of stamping out examination malpractice in the school and public examinations in the country.
The statement read in part: “The findings from my usually-reliable sources confirm that there is some hanky-panky with the results which Ejikeme Joy Mmesoma claim to have obtained in the 2023 UTME.
“I think many people are unaware of the thoroughness of Professor Is-haq Oloyede in promoting the integrity of JAMB-conducted examinations.
“He loves all candidates and will stop at nothing to ensure that unadulterated results are published and duly qualified candidates are admitted to our tertiary institutions based on existing vacancies.
“On the other hand, he will also stop at nothing to penalise any centre or candidate whose integrity will tarnish the image of JAMB.
“urge all our educational institutions and examination bodies to adopt/adapt the Oloyede model and techniques of stamping out examination malpractice in our school and public examinations.
“You cannot get away with bad practice with Professor Oloyede who is globally-acclaimed as a leading light in higher education in Africa. The indisputable facts that I have, point to my advising the candidate to subject herself to the decision of JAMB.
“Rather than flex muscles and raise unnecessary sentiments on the matter, a penitent posture which is widely broadcast with the same volume as the on-going aggressive posture has the high chance of mellowing whatever sanctions JAMB is planning to apply.
“About two weeks ago, June 24 precisely, at the 2023 policy meeting of JAMB which I had the honour of attending, Professor Is-haq Oloyede, provided case studies of the extent to which candidates and some examination centres could go in the attempt to cheat their way to high scores.
“Our jaws dropped at the meeting when we were informed that the examples are just the tip of the iceberg. This episode is a warning to potential UTME cheats, that Professor Oloyede and his able team at JAMB are jumps ahead of such unscrupulous persons.
“I urge all our educational institutions and examination bodies to adopt/adapt the Oloyede model and techniques of stamping out examination malpractice in our school and public examinations”.
Credit to: Theguardiannews
BCC mayor urges women to harness political opportunities
The mayor of Banjul City Council (BCC), Rohey Malick Lowe, on Wednesday 5 July 2023 pointed out that there is no reason why women should not seize the opportunity and the advantages that exist, while forging ahead with their political agenda and not to pay attention to intimidation and hate speeches.
The Banjul mayor made this statement at the advocacy training workshop on Gender for women councilors organised by the Westminster Foundation for Democracy.
Mayor Lowe besides noted that she thinks women need to be supported and encouraged to join politics. According to her, it is a widely held view that when women are in decision-making and political leadership positions, society stands to gain.
She also said that limited capacity on the part of the women hinders them from standing up for their rights.
“There is the lack of political will to ensure gender equality is respected at all levels of governance and in all sectors of the society. The Civil Society Organisations pay little focus on gender issues which to me, needs a lot more of attention as it is a global issue,” she stressed.
Lowe acknowledged that joining politics requires financial resources and women generally are unable to afford the huge financial demands – saying that mainly accounts for women’s non-engagement in politics.
Rohey also stated that the government of The Gambia has elaborated a National Gender Policy with the aim of achieving gender equity and women empowerment as an integral part of the national development process through enhancing participation of women and men, girls and boys for sustainable and equitable development and poverty reduction, which she believes is a laudable initiative.
However, she added that it would be interesting to know how far this policy has been implemented.
“One of the recommendations that can resolve this issue across board is to adopt a quota system. Senegal, our close neighbour is enjoying 47% of women’s representation at the local level. This is because they have adopted the list system whereby any list that any political party submits must have a 50 – 50 representation of both men and women. This has solved the gender leadership representation at local level. “This or a similar architecture may be a solution to getting more women in politics especially at the local government level,” she suggested.
Credit to: Thepoint.gm
AFRICAN PROVERB
“The best time to plant a tree was 20 years ago. The second best time is now.” – Kenyan Proverb (Kenya)
BREAKING: Akpabio announces Bamidele, Umahi, Ndume as 10th senate principal officers
President of the Senate Godswill Akpabio on Tuesday formally announced the leadership of the Senate of the 10th National Assembly.
According to the Senate President , the emergence of the new principal officers was arrived at after wide consultation and approval by the ruling All Progressives Congress (APC).
To this end, Senator representing Ekiti Central Senatorial District, Bamidele Opeyemi emerged Majority Leader of the 10th Senate.
lso, Senator representing Borno South Senatorial District, Ali Ndume was announced the Senate Chief Whip.
Senator representing Ebonyi South, David Umahi emerged the Deputy Majority Leader of the Senate while Senator Lola Ashiru representing Kwara North emerged the Deputy Majority Whip of the Senate.
In another development, Akpabio also announced principal officers from minority parties with Senator Mwadkwon Simon Davou , a PDP member representing Plateau North Senatorial district emerged as the Minority Leader
Also Senator Oyewumi Kamorudeen Olarere PDP representing Osun West is now the new Deputy Minority Leader
Other political parties from the opposition wing also also benefited from principal leadership with Senator Darlington Nwokeocha, a Labour Party member from Abia Central emerged the Minority Whip while Senator Rufai Hanga of the New Nigeria People’s Party from Kano Central emerged the Deputy Minority Whip
The emergence of the Senate principal officers has up to an end various speculations in the media as the atmosphere in the chamber was calmed and the Senate later went into a closed session and later reconvened without any further announcement.
Credit to: Tribuneonlineng
INEC Calls Witness, Closes Defence In LP’s Petition
The Independent National Electoral Commission (INEC) has closed its defence in the petition filed by the Labour Party after calling one witness at the Presidential Election Petitions Court.
At the resumed hearing of the petition filed by the Labour Party and its presidential candidate, Peter Obi on Tuesday, the electoral umpire called one Lawrence Bayode, a Director in the Information and Communication Technology (ICT) Department of the Commission.
READ ALSO: INEC To Prosecute 215 Electoral Offences Cases, Partners NBA
The witness admitted that some of the results were downloaded from INEC’s portal. He also insisted under cross-examination that the results of the February 25 presidential election released by the commission are authentic.
Lawyer to the Labour Party, Patrick Ikwueto disagreed, saying the results could not be authentic when they were largely unreadable.
INEC’s lawyer, Abubakar Mahmoud (SAN) also tendered some documents in evidence.
Under cross-examination, the witness said that even if blurred documents were downloaded from the INEC Results Viewing Portal (IReV), it would not affect the physical results as recorded in Forms EC8As which are not blurred.
According to Bayode, the images of Forms EC8A captured with BVAS and transmitted to IReV are not relevant for the collation of results.
He told the court that the glitch recorded during the presidential election did not affect the collation of the results.
For his part, the lawyer to President Bola Tinubu and Vice-President Kashim Shettima, Wole Olanipekun (SAN) said his clients would open their defence in the petition on Wednesday.
Credit to: channelNews
D5 Creation