(JollofNews) – When I briefly took over as MD of the Daily Observer between November 2007 and June 2008, there was a fight between Amadou Samba and myself from day one about the financial situation at the Observer Company. The issues were as follows:-
Tax:
I was shown payment for 2007 of a mere (50,000 dalasis) by my Deputy and Financial Controller Andrew Dacosta. Whether that tax was correct I do not know as Observer had an annual turnover of over 10,000,000 dalasis. Of course my tenure was brief (thank God) and I was not there long enough to assess any tax payment to GRA.
Company Registration and ownership:
Amadou Samba and I had some tape recorded arguments over this. He denied owning it and asked me to remove his name (taped). The Board Chairman, Neneh, said Amadou Samba was acting for Jammeh as “proprietor”(taped). I demanded Company Registration documents from Amadou Samba to know who owned it and he referred me to Mrs. Jallow at Attorney General’s Chambers Company Registration (taped). I could not get anything from Mrs. Jallow (NOT taped). I was removed as MD soon after asking these questions – and I refused the “order” (brought to me by my friend and a very good man IGP Benedict Jammeh – NOT taped). When I refused the post of Editor-in-Chief, and IGP Benedict Jammeh failed to arrest me, he too was sacked the next day and I was detained for 14 days. So, during my time, the very legality of Daily Observer trading as a company, let alone the tax issue, was in doubt.
Baba Jobe ownership:
It is my understanding that, at the height of his power, Baba Jobe assigned 99% of the shares of the Daily Observer to himself – and Amadou Samba owned the other 1%. Baba Jobe, I understand, registered the company properly at the Attorney General’s Chambers. After Baba Jobe was arrested, Yaya Jammeh delegated Amadou Samba to “manage” for Jammeh everything Baba Jobe “managed”. I think Amadou Samba may not have bothered to regularise the registration documents at the Attorney General’s Chambers – inspite of the fact that Amadou Samba was listed as the “proprietor”.
You can read the full article here.
Hakeke, assuming that the events you detailed herein took place, I congratulate you for for Diligence and Attention to Detail. However, the Closing down, or Padlocking of a News Paper at a “Time of Peace” and the News Paper is not engaged in Treasonous Acts Against the State, is Suspect, Drastic and maybe Dragonian. It Needs to be Avoided at All Costs. There are many Private and Semi-private Entities Not in Full Compliance with the Tax man in the Gambia, yet there is no urgency of making them Redundant. As a matter of Economics and Practical income generating endeavor, every day and month that The Observer News Paper is Closed or Padlocked, the Gambia Tax man looses Potential Revenue it could be Collecting from the Employees and Observer News Paper moving forward. It could be that is not the Objective. I mean the Revenue. The Objective may be the Closing down of the Observer News Paper as a Matter of eliminating an Opposition Media Outlet. If that is the case, and it is impossible to Discount this Probable Reason, then the Gambia has managed to just hold a Musical chair game of Politics and ended up with a Winner from the old Athoritarian and Intolerant Disposition. I pray and hope it is not so. Fingers crossed.
Yes Sidi I would agree in part;
Reading the paper trail online from available sources my opinion would suggest Baba Jobe was and is the legal owner; He was the majority shareholder; The determination of who owns the Daily Observer at present would depend on Baba Jobe’s last will and testament{ That’s if he made a will ?} The suggestion that Baba Jobe’s family hold the registration documents does not in itself prove that his family own the Company; Under normal circumstances, if a person dies intestate, then his property and assets pass to his immediate family. This could be his wife or wives or his children. But all actors have a right to refuse all properties and any liabilities passed on. There is no doubt that Mr Samba at one time owned the company and bought it from Kenneth Best legitimately. But at some stage the company was taken over by Baba Jobe and registered in his name and was regularised. On the evidence, at no time did Yahya Jammeh own the company in the legal sense. Amadou Samba,,, Being a lawyer would have been correct in wanting his name to be withdrawn from The Observer as the “Proprietor”. This may have been an oversight on the printing block as he was once the “Proprietor.” If he did own 1% of the shares as claimed, this does not suggest or prove anything other than for whatever reason he for expediency decided to retain only a minority interest. There is no doubt that Yahya Jammeh had influence over the Newspaper and the GRA. For why was the tax never claimed from the company ? The questions also need to be asked of why is the GRA only now demanding the tax repayment from all the years of the Jammeh regime ? Under such distressing circumstances as Baba Jobe’s imprisonment, it would appear The President asked the former owner of the company to oversee the running of the Company. This can in no way imply that Amadou Samba at anytime since he parted with The Observer, that he owned it. Merely that online commentaries would suggest he was only an observer to The Observer.But this is only my opinion based upon what is reported online, by The Point and Mr Halake. This must have been a very difficult situation for Mr Samba. One can truly understand the mixed feelings between Mr Samba and Mr Halake. Both men were victims of circumstance, only guided by the overarching self interest of The President and his propaganda. The Observer should be set free from this political prison. They were also the primary victim of circumstance. The Present Government’s temporary closure of The Observer is now to my opinion understandable and prudent. Clearly this another manufactured issue left over from the previous government.
It is complicated but Not unresolvable if goodwill guides the situation. The GRA needs to come clean and shed light on the non collection of taxes. I think any ridicule of the present management who quickly admitted the liability and made reasonable proposal’s to discharge the matter from its meagre means, is not to be a subject of muffled laughter. Gambia is a poor country and all business should be encouraged to comply with the law and its social responsibilities..
Opinion.
Mike Scales, Simply, Great Summation!!! No objections to the Assumptions and the Clearly Laid Out Analysis. I had a little bit more information on the “Ownership” issue after reading your account than before. If it turns out that this was indeed the State of Affairs with the Observer News Paper, the Former President and the GRA failed the Gambian People by failing to Execute their Fiduciary and Due Diligence. Given that former President Jammeh is No where near where he can asked to Account for the State of Affairs The Observer News Paper is Engulfed in, GRA Past and Present Administrators or Managers Should be Summoned and or Account for the Potential Acts of Malfeasance. I am however, of the Opinion that Closing Down the Observer News Paper is Not the Desired Economic Solution. Not only are People with families without a means to an income, the Gambian Treasury is likely not going to gain by GRA Closing Down and Padlocking The Observer or any Media. I hope the Designated or Relevant Gambian Authorities will See the Down side of Closing a Media House from both the Economic and Political Impact. Reversal of the Decision is Highly Requested.
Sidi: I could not agree more with you and President Barrow more that Justice should guide all outstanding matters. One Nation One People One standard for all.