JANNEH COMMISSION REPORT
Dear Pa Ndery Mbai,
Thank you for allowing me space to provide additional insight on the Janneh Commission report about which your paper has featured recently. It is important to put certain points across so that your readership gets better informed.
1) The adverse finding letters sent to many witnesses and “so called close associates” only conveys the commission’s findings and conclusions and recommendations about those individuals.
2) The commission was not a final court of law and as such its findings or recommendations can be challenged.
3) As you rightly mentioned, the Government has six months to react to the observations and recommendations of the commission and the people concern have also three months to file an appeal.
4) The list of people who have received communication of adverse finding are in different categories (a) those that in the commission’s opinion were found wanting and should pay back to the state. (b) those that in the opinion of the commission should be prosecuted. (c) those who in the opinion of the commission have made actions that amount to abuse of office and or abdication of responsibility (d) those who in the opinion of the commission have been linked to all the above.
5) It should be pointed out that almost all the people served with adverse finding letters have exercised their right according to section 204 (2) of the constitution. Most if not all of these people have done their best for their country under the circumstances that prevailed. Jammeh was an elected executive President and the ball stopped in his office guarded by all the powers he had. So to believe that any civil servant or businessman or ordinary civilian could have defied him was an illusion. The power to stop him was in the hands of the people and they only chose to exercise that power in December 2016. The rest is history.
6) Given the general perception that the Janneh Commission is a kangaroo commission, the Government stands little change in a court of law to enforce most of the so called findings of the commission. To take additional time and tax payers resources to pursue people through the courts with little chance of succeeding would be further waste added on to the millions already paid to the commissioners. Therefore the approach by the Justice Ministry to engaged the people concern to find an amicable settlement is a welcomed and prudent move.
7) President Adama Barrow must not allow Lead council Amie Bensoda to further divide him with his people.
8) The principal actor was Yaya Jammeh and his close associates what ever the definition of close associate is.
9) To have issued letters of adverse finding to witnesses is the greatest injustice in the history of our Nation. The terms of reference for the commission was to investigate Yaya Jammeh and his close associates. Therefore to turn around and label those witnesses you called upon to assist you find the facts as criminals is not only unjust but deceitful.
10) The lead council succeeded in misleading the Councillors but she will not succeed in misleading the Ministry of Justice and the Government.
11) Bear in mind that whatever resources have been alleged to have been taken by Yaya Jammeh, 90% of it is in the country. Some given to his people, some in the form of infrastructure, some is movable assets, some in cash. Therefore, it is easy to recover this with little cost and hustle.
12) Finally, we are in a healing process and as such we must be guided by justice and not witch hunt. Some of those who conclude that others were involved in adverse activities are themselves exposed. ‘ Yalana Sutura Yaga’ Witch hunting and in fighting cannot be the corner stone of our transition process.
As an insider and as concerned citizen, I felt obliged to make this observation on the unfolding situation.
Thank you for your time.
An Insider and a concerned citizen