Gainako Newspaper

So it had to come to this: a magistrate�s sloppy ruling as a tactless
ending to the judicial examination of Fatou Jaw Manneh�s almost
two-year struggle with the Gambian justice system. Sometimes, and
for obvious reasons, the wheels of justice take on the speed of a
snail. The numerous delays and adjournments in Fatou�s so-called
sedition trial, spanned a life time. They stretched the case to comical
lengths. They both energized our resolve and handicapped our
contemplative abilities on the outcome of a case most of us all along
knew was a sham subject to easy jettisoning by any judge worth his
salt. For the unmistakable prosecutorial defects in this case, I was
dead sure that Fatou would be accorded an easy acquittal.

I was wrong. Magistrate Buba Jawo turned out to be a player, if a coerced one, in this game of
political bastardization of Gambian judicial independence. Perhaps, to help him summon the courage
for good judgment, Jawo should have referenced another sedition matter of another generation: the
trial of the Foroyaa co-editors Halifa Sallah and Sidia Jatta in 1994. Magistrate Lamin Mboge, under
the constant watchful eyes of NIA agents in his courtroom and the broader scrutiny of the State
House, refused to wilt and discharged the politician-cum-journalists. This was a far more
consequential trial with the tangibles of a case far more compelling. Or Jawo could have still availed
himself of the resoluteness of Judge Wallace Grant in the Sanna Manneh trial during the First Republic
or as of recently, the Baba Jobe case. Even in a dictatorship, some recourse to justice is still possible.

But Jawo�s decision (4 years imprisonment or D250, 000 fines) was rash and arbitrary. It was an
affront to the utility of law as a tool for the rendition of even-handedness for the well-being of society.
The particulars of the offense � publication of �seditious words�; the publication of �false news
intended to create public fear and alarm�; and the terse statements, President Yahya Jammeh is a
�bundle of terror� � he is �tearing our beloved country to shreds� shouldn�t have warranted this
mind-blowing verdict. Fatou was merely speaking her mind, her inalienable right of free speech and
she had uttered nothing causative of public disorder. It is appropriate to wonder if the scales of justice
were imbalanced by the magistrate�s own opinion, as flawed as it was, or if Jammeh�s Invisible Hook
had compelled it so.

Fatou�s trial and the illogicality that accompanied it, underscored the limits of press freedom and other
freedoms in a political environment prone to leadership irrationalities, such as ours, long commonplace
in the halls of power and now afloat in the public realm. Yet it is important to note that press freedom,
like the rest, depends entirely on a constitutional order (the supremacy of the constitution, the rule of
law, judicial independence and review, and most importantly, the willingness of the custodians of
power to heed the inviolability of law and its curbing powers on leadership transgressions. But
Jammeh has scant regards, if any, for the rule of law and its disarming effects on his instruments of
governance.

Fatou�s trial was long and arduous. It was silly. She was undoubtedly pained by a trial whose
bogusness she was very conscious of but could do little about. But drawing from her characteristic,
armored countenance, Fatou was able to survive the vagaries of her trial with a mixture of audacity
and oomph. The conditions were intolerable, notwithstanding. A seemingly ceaseless and sham trial
like this one could wear anyone down. No matter. By being forced through this trial to its illogical end,
Fatou has succeeded in reminding the international community of the ever present dangers for press
freedom in The Gambia � this coming long after Deyda Hydara�s senseless murder and Chief Ebrima
Manneh�s probable extinct. The wickedness of these past acts has not pacified the Banjul
government. Nor has there been any outpouring of remorse. The guns are still blazing. Fatou Jaw
Manneh, through her trial, has helped put this reality in trenchant tones

Convicted Journalist to appeal
against sentence: By MFWA......August 19th, 2008
Lawyers of Fatou Jaw Manneh, a US-based Gambian journalist
convicted of �publishing with seditious intentions� will appeal against
the outrageous sentence handed by a court in Banjul presided over
by Buba Jawo.

The Kanifing Magistrate Court on August 18, 2008 found Manneh,
former reporter of the (now) pro-government Daily Observer
newspaper, guilty on all four counts of �acting with seditious intention",
"publication of seditious words" and "publication of false news with
intent to cause fear and alarm to the Gambian public". She was fined
an amount of 250, 0000 Gambia Dalasis (approximately US$11, 905)
or in default serve four years in prison.

Media Foundation for West Africa (MFWA) sources reported that the Gambian Press Union (GPU)
and other Gambians immediately after the sentence paid the fine to avoid Manneh being sent to prison
again.

Fatou was arrested and arbitrarily detained for one week upon her arrival in the Gambia in 2007,
following an interview she granted in June 2004 to The Independent, a banned Banjul-based
newspaper. The interview which was highly critical of President Jammeh was subsequently published
on several online Gambian newspapers, including ( http://www.all-gambian.net ).

The case dragged on for months, with several adjournments. Throughout the proceedings, Manneh
remained stranded in the Gambia, unable to return to her workplace in the US since her travel
documents were confiscated by the National Intelligence Agency (NIA).

The MFWA is concerned about the increasing use of high-handed laws to criminalise speech and
expression in the Gambia. Over a year ago, Lamin Fatty, a reporter for The Independent was
convicted by the same court for �publishing false information�.

We are calling on the government of Yahya Jammeh to respect the universally subscribed rights of all
persons to the fundamental freedoms of speech and expression, and to repeal all speech related
repressive laws in the country.

The MFWA requests you to protest the deteriorating state of media freedom in the Gambia.

Prof. Kwame Karikari
Executive Director
MFWA
Accra

.................................POEM
..........Creeping Tyranny
.......................................By Yero Jallow.....................August 18th, 2008
Aloud in clusters
The thunder clap echoed
Tearing eardrums
Blinding eyes
Eroding lofty mountains
And Falling down canopy trees
Of the Verdict
"D250,000.00 or 4 years in prison."

Now that dark cloud is hanging above
Nay! Your time will be up too
O Poor Magistrate you did that job for Saddam
And drank to his comfort from the pool of blood
While ruling in that Kangaroo court
Choosing injustice to justice
While under oath of a justice uniform
Shame on you monkey on the high chair!

Behold the freedom fighters!
'Aluta Continua'
We are ever more determined to sail
To redeem
And for matrydom
Just like in the Soweto Zones
Where in Mandella, Biko
And Walter once fought to true victory.

"No retreat, no surrender!"
Until your bullets tear to shreds our ebony skins
Scare-crow tactics is not for us
Because God has protected us from your evils
And Until we die
We will stand tall defiant to bash to the gutters
Your gypsy were-wolf claws
Called 'creeping tyranny' at loose
Shame on you Monkey on the throne!

Free Fatou Jaw Manneh now!
Free Chief Ebrima manneh now!!
And Free all political prisoners!!!

..STGDP PRESS RELEASE
The unjust conviction of Fatou Jaw Manneh today by Magistrate Buba Jawo is seen by the STGDP
as a conviction against all Gambians in the Diaspora and a total disregard for the constitution and the
rule of law. The very magistrate that said he did not have the jurisdiction to hear the case barefacedly
buckled under pressure and called the case for the state. This verdict demonstrates the total erosion of
democracy and the rule of law in the Gambia.

President Jammeh and his government used this case to send a message to all Gambians that this
country belongs to him, and will not hesitate to use everything at his disposal to make sure that we feel
his autocratic rule. STGDP has always believe that our fight against Jammeh is never about him, but
what he represents: he has denied freedom to all Gambians, high jacked out judiciary, and will not
hesitate to lean on the crop of unprincipled and corrupt judges to have the outcome he wishes; he has
waged a war against press freedom, and will use the security apparatus as his tools to fight institution
and people seen as his enemies.

STGDP would like to make it abundantly clear to President Jammeh that, if this was a message to us,
you can be rest assured that you have only embolden our desire to continue our struggle to bring an
end to the subjugation of our people. We will never capitulate; it is not a question of whether is it
worth the price but rather can we afford not to continue the fight for our freedom.

Sincerely
Musa Jeng
Chairman STGDP

Journalist Fatou Jaw Manneh
Convicted: By Yero Jallow.....................August 18th, 2008
Magistrate Buba Jawo of the kanifing Courts moved forward today August 18th 2008 to convict
Journalist Fatou Jaw Manneh of the charges of "sedition."

According to information reaching Gainako, she was given an option of a fine, D250,000.00 before
4.00pm GMT or risked been taken to jail. At that point, patriotic Gambians borrowed the money to
bail her free.

Until press time, we could not talk to Ms. Manneh herself but confirmed the story with at least two of
her comrades in the US and a close family member.

Aluta Continua!

......................................OPINION
D-DAY FOR JOURNALIST FATOU JAW MANNEH;
AS FORMER GAMBIAN MAGISTRATE DARBOE WEIGHS
THE JUSTICE SCALE:...By GON..................August 15th, 2008
Just a week before Fatou Jaw's final hearing scheduled for August 18th 2008, former Gambian
Magistrate Lamin J. Darboe weighs the justice scale in a spirit to establish true justice regarding this
snail- dragging case. The high profile case suffered a lot of setbacks and delays. As the clock nears
D-Day, he reminds the presiding Magistrate Buba Jawo of the Kanifing Courts and the Jammeh
Government that the international community is observing, especially in light of the numerous
allegations and the countless incidences regarding the treatment of Journalists, politicians and human
rights activist.

Fatou Jaw's legal drama is a glaring reminder of the slogan, 'Justice delayed is Justice denied,' because
little or nothing is seen through out this legal tussle to indicate that the Gambian Government intends on
having justice served and or see justice flourish. Despite numerous calls and petitions, notably one
spearheaded by Ndey Jobarteh (Norway) and Jabou Joh (USA), and others, The Government has
continually held onto her as an example to all media practitioners, political dissidents of the
consequences of reporting / writing anything the government deems seditious and subversive.

Gainako in its effort to enlighten its readers, contacted former Magistrate Lamin J. Darboe currently in
the UK regarding the constitutional stipulations about Ms. Manneh's case. Below, we bring to you
Magistrate Darboe's full response, thus:

The State V. Fatou Jaw Manneh

As published by Foroyaa on 28 March 2008, the so-called amended charges against Fatou Jaw
Manneh (Manneh), alleged as follows:

(1) publication of false news with intent to cause fear and alarm in the public, and

(2) uttering seditions words.

According to the Oxford Dictionary of Law, 6th edn., Oxford University Press, 2006), sedition is:
The speaking or writing of words that are likely to incite ordinary people to public disorder or
disaffection. Sedition is a common law offence (known as seditious libel if the words are written) if it is
committed with the intention of (1) arousing hatred, contempt, or disaffection against the sovereign or
her successors (but not the monarchy as such), the government of the UK, or either House of
Parliament or the administration of justice; (2) encouraging any change of the law by unlawful means;
or (3) raising discontent among Her Majesty�s subjects or promoting ill-will and hostility between
different classes of subjects. There must be an intention to achieve these consequences by violence
and disorder (emphasis added)
By the alleged particulars, again as reported in Foroyaa (28 March, 2008), Manneh exhibited
�seditious intention� when she granted a newspaper interview on 23 October 2005, containing this
excerpt:
�Jammeh is tearing our beloved counter into shreds, he debunked our hopes and became a thorn into
issue that is related to progress in The Gambia, be it social, political and economic. Worst of all, he is
a bundle of terror. There is need to speak out against his tendencies. If you look around The Gambia,
particularly at the condition people live in, you will see what I mean, that Gambians are desperately in
need of an alternative to this egoistic frosty imam of APRC. Jammeh is full of energy but very negative
energy and he totally lacks direction. What he needs is to come clear to The Gambian people and say
he has failed us all miserably; that he will be doing everything to revitalize his promises to The Gambia
people, excuse his ten years in office, rather than forcing us to like him or forcing us to recognise the
developments that do not exist�
Are these seditious words?
Under common law, there must be an intention to achieve these consequences by violence and
disorder. The mere allegation of �intent� by the State is not dispositive of that particular issue. Even if it
is conceded that the alleged words were uttered by Manneh - and unless it is admitted, this in itself is
an evidential matter that must be positively established by the prosecution - the question for the Court
is whether the requirements of sedition were met. On the definition above, and it underscores the
doctrinal understanding of sedition in The Gambia, the answer has to be negative. It is vital to note that
Manneh was charged under various sections of the Criminal Code, a clearly subordinate law to the
1997 Constitution of the Republic of The Gambia (the Constitution). Let us examine what the
Constitution, with all is flaws, says about the type of speech at issue.
Chapter IV of the Constitution deals with the �Protection of Fundamental Rights and Freedoms� in
The Gambia. Under this Chapter, Section 17 states as follows:
(1) 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 the Constitution.

(2) Every person in The Gambia, whatever his or her race, colour, gender, language, religion, political
or other opinion, national or social origin, property, birth or other status, shall be entitled to the
fundamental human rights and freedoms of the individual contained in this Chapter, but subject to
respect for the rights and freedoms of others and for the public interest. (emphasis added)
According to Section 25(1)(a) of the Constitution, �every person shall have the right to freedom of
speech and expression, which shall include freedom of the press and other media�. I merely note that
Section 25(4), quoted in italics below, attempts to claw back the rights explicitly granted in 25(1) and
(2):
The freedoms referred to in subsections (1) and (2) shall be exercised subject to the law of The
Gambia in so far as that law imposes reasonable restrictions on the exercise of the rights and freedoms
thereby conferred, which are necessary in a democratic society and are required in the interests of the
sovereignty and integrity of The Gambia, national security, public order, decency or morality, or in
relation to contempt of court.
Suffice to say that �the fundamental freedoms� are entrenched, and are therefore only derogable in an
emergency, and expressly by an Act of the National Assembly (see Section 35(1) of the Constitution).
If such a power is invoked by the National Assembly, Section 35(2) appears to authorise the
�reasonable�, if temporary suspension of Chapter IV rights:
Nothing contained in or done under the authority of such an Act shall be held to be inconsistent with
or in contravention of sections 19, 23, 24 (other than subsections (5) to (8) thereof) or 25 of the
Constitution to the extent that it is reasonably justifiable in the circumstances arising or existing during a
period of public emergency for the purpose of dealing with the situation
On the facts, even if the prosecution could establish that Manneh authored the alleged excerpt in the
�offending� interview, the highlighted portion of Section 17 (2) of the Constitution is not engaged.
Neither are sections 25(4), and 35 (1) and (2), as quoted above. Manneh�s alleged newspaper
interview, and views therein expressed, must be regarded as mere opinion, clearly in the public interest
in furtherance of democratic conversation, and unquestionably protected by the Constitution. The
interview was not widely disseminated as no mass media distributed its content to the wider Gambian
population. Even if it was widely distributed, no reasonable person could construe its purpose as
agitating for violence and disorder. Of more practical significance, it provoked no acts of public
disorder, and exhibited no discernible �intention to achieve� any outcome through �violence and
disorder�. And as to causing �fear and alarm in the public�, the evidence is simply not capable of
sustaining that particular charge.
Clearly, freedom of speech and expression are entrenched Constitutional clauses, and as such, may
ordinarily not be capable of control by prior legislation in the inferior Criminal Code. This is not to
argue that even in the high threshold realm of public affairs, speech and expression should be
completely unfettered in The Gambia. Under appropriate circumstances, it is not inconceivable for the
claw back provisions to be invoked, but Manneh�s �offending� speech was not so engaged in that
there was no situation remotely approximating a public emergency in the country. Her alleged
speech/expression was regulated for regulation sake. The sedition charge represents an unreasonable
and unlawful restriction on 25(1), and because the Constitution is the supreme law of the land, the only
defensible outcome in Manneh�s case is her acquittal. In so far as it counts as a conviction, even a
caution and discharge would be unacceptable on the law and facts.
Although no media outlet is on trial, I should also point out that media freedom and diversity are
guaranteed under sections 207, and 208 of the Constitution, even if, as in �fundamental freedoms�
under Chapter IV, there are claw backs in 209, and 210.

....................................NEWS
DEPUTY IMAM PA EBOU JENG CALLS
FOR UNITY: By Yero Jallow..............August 13th, 2008
Pa Ebou Jeng, deputy Imam of Raleigh called on Gambians to do
away all differences and unite for the sake of Allah in the forth coming
Islamic gathering locally called 'GAMO'. This annual gathering aslo
known as "Mawludnabi" scheduled for August 15th and 16th 2008
in Raleigh, North Carolina.

"It is time to put away all our differences and come together as
one for the sake of Allah." Imam Jeng noted.

According to the deputy Imam, on Friday August 15th 2008, there
will be a Quranic recitation and an Islamic ritual called "Wassifaa,"
which is a special way of supplication to God. This will be followed
by a sermon from Oustas Yusupha Jahateh, a visiting scholar from
The Gambia currently in Raleigh to grace the occasion.

The second day events Saturday August 16th, 2008 according to Imam Jeng Jeng, will start with
"Burdah," a special prayer on the Holy prophet Muhammad (PBUH). This will be followed by a
powerful sermon from the main guest speaker, Imam Muntaha Faye of Banjul. This scholar and
Imam is a former student ( 'talibeh') of the late renowned Sheik-ul Islam Imam Bai Nyass (May
God accept his struggle) whose teaching of Islam goes beyond the boundaries of the West African
region.

To this end, the deputy Imam thanked God almighty and all those who are helping in making the
gathering a success.

Other residents of North Carolina informed this reporter that a lot of Muslims from all over the United
States will grace the occasion this year with a spirit to glorify God and His religion Islam.

Gainako will give full coverage to the 'Gamo' with live pictures.

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