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Human rights defender denied bail
Thursday, 11 March 2010 01:12
By Yaya DamphaA magistrate in the Gambian capital, Banjul, Wednesday March 10, 2010, denied bail for Edwin Nebolisa Nwakaeme, the Director of programs at the Africa in Democracy and Good governance (ADG), who faces false information charges.
Magistrate Hilary Ubeke of the Banjul Magistrates Court rejected the bail application filed by defense counsel, Assan Martin, arguing that the
offence committed, which is giving false information to the office of the president, was serious. He described the office of the president as a sensitive place, adding that any information that is sent there should be for the public interest. Mr Ubeke therefore ruled that the accused person be remanded pending the outcome of the case. Defense Counsel Assan Martin argued that the offense is a misdemeanor which carries the penalties of D500 fine or 6 months imprisonment, and that pursuant to section 195 of the 1997 Constitution, it was baillable. Lawyer Martin went on to argue that the accused would comply with all the bail conditions, and was willing to provide surety who will comply with the courts and the bail conditions.
In its reaction, the prosecution said it was not objecting to the bail application since it is an issue for the court to decide.
The prosecution also applied under section 169 of the Criminal Procedure Code (CPC) for amendment of the particulars of offense which reads: "seek nomination of Ms Mariam Jammeh, daughter of the President of the Republic of The Gambia as ADG's General Ambassador for the World Day [SIC] Celebrations 2009."
According to the prosecution, the statement substituting the particulars of offense stands as: "Edwin Nebolisa Nwakaeme, sometimes in the Month of March 2010 in the City of Banjul, Republic of the Gambia, you gave false information to the office of the President that African Democracy Organization and Good Governance is a non-governmental organization, which you know or have reasons to believe to be false."
Defense Counsel Martin raised no objection on the amendment, but at this juncture he applied again for review of the bail conditions "since the false information in question has no effect of causing any harm, or changing any work pertaining to the public service. It is just a question of what purpose does the organization itself stand for, whether it is a governmental, charitable or non-governmental organization."
However, Magistrate Ubeke overruled Martin, insisting that the matter is not about a question, but about giving false information, and concluded that the bail conditions remains the same, and therefore ordered that the accused be remanded pending the out come of the case or the next adjournment date. He then adjourned the case to 22nd and 24th of March for hearing.
The prosecution told the court that he has three witnesses to call.
Nwakaeme was first arrested on Monday, 22nd February this year and detained until Thursday, 25 February, when he was released, only to be re-arrested the following day and released shortly without any charge. And until his appearance in court, he had been in detention at the serious Crime Unit at the Police Headquarters in Banjul since his latest arrest on Monday, 1st March.
Possible deportation
Meanwhile, Police sources indicated that the authorities intend to seize the license of ADG and deport Edwin back to Nigeria. The sources said that the passport of the accused has already been seized from him.
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Comments
I am matured and responsible enough to be responsible for all I have debated about. The GreenBoys are the murderous thugs Yaya set about to harm the defenceless. I surely read your quote of "We will continue to kill" unless you now realise it was a misconception as all makes mistakes. However, you can't expect me to praise Yaya Jammeh for his appauling treatments and murders of people who differ in opinion on issues that belongs to and affects all as Gambians. He could have resigned if he is genuine enough if he doesn't want to be criticised for ALL Gambians have stakes and are entiled to opinion in state affairs. Matured and educated act responsibly.
I dont think I will ever rejoice over harming much mor killing. All what I have been saying was all governments murder, jail and detain in the name of security that you and I are powerless to stop. Who do I deceive when I say am Barrack Obama? I dont know what you mean by green boys of Yaya Jammeh because am not on the ground. Well sometimes a word could give different meanings and it depends on your interpretation. If you have been following my comments I have been following yours too. To you nothing positive is happening and you will believe me when I start calling for the murder of Yaya Jammeh, which will be the last thing to do. There are things happening that is harming both you and me but is better when we handle it professionally not through anger.
Are you one of Yaya Jameeh' GreenBoys? I am doubtful of the degrees and achievements you claim to have by way of your reasonings and arguements in debates I follow. You "knew of human right laws" but you have ever said on quote "...we will continue to kill..." at some point on this website in support to Yaya Jammeh. I wonder why does a single lost of human life thrills you in making Yaya examplary? especially if it were to be your own life how would you have felt?
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