By: Tahir Ahmad Touray
On Thursday 25 May 2017, an article by one BB Sanneh captioned Fundamental beliefs of the Ahmadiyya or Qadianiyyah was published on the Fatu Network. I deem it necessary to write a rebuttal to the blatant fabrications of the self-acclaimed scholar of Ahmadiyya Muslim beliefs.
In the essay, the writer counts the Ahmadiyya Muslim Jamaat outside the pale of Islam by attributing some beliefs to the Ahmadiyya Muslim Jamaat and also alluding to some fatawa of kufr (declarations of disbelief) against the Jamaat. As I read the essay, the question that came to mind was whether the writer was making these statements out of his audacity to fabricate falsehood or his ignorance of the Ahmadiyya Muslim literature and beliefs. Or was it out of audacious ignorance?
As an Ahmadi Muslim, I want to share with whoever may be reading this piece the Ahmadiyya Muslim beliefs regarding some of the allegations made by the writer. In part I of this rebuttal, I will address his statements concerning the Ahmadiyya Muslim beliefs about Allah Subhaanahu Wa Taaalaa, the Holy Prophet Muhammad (peace and blessings of Allah be upon him) and the Holy Quran. First of all, I would remind the writer that the Holy Quran which he claims to follow and defend has explicitly stated that one should not utter anything of which one has no clear knowledge. In fact fabrication of lies is akin to Shirk (association of partners with Allah). The Holy Quran has even stated that one’s enmity against a people should not make you behave unjustly towards them. The writer has clearly violated these beautiful teachings of the Holy Quran by audaciously fabricating or ignorantly making statements about the beliefs of the Ahmadiyya Muslim Jamaat. In fact, the essay was irresponsible and outrageous. The writer did not put forward any arguments or references from Ahmadiyya Muslim literature with regards to the allegations. It totally lacks intellectual honesty and credibility. The writer knows deep down himself that he has never read these statements in any Ahmadiyya literature. We know the source of your falsehoods; they are some literature written by bigots and fabricators like himself. He must however note that the best and the most source of information about a thing or person is the thing itself or the person himself. I shall now prove how blatant the fabrications are.
AHMADIYYA BELIEF ABOUT ALLAH
According to the writer, “As for their beliefs about Allah, they believe that He fasts, prays, sleeps, wakes up, writes, makes mistakes and has intercourseexalted be Allah far above all that they say. From the above, even the most basic of Muslims would found these beliefs repugnant and unacceptable to Islam
What an irresponsible and immoral statement. Nauudhu billah, I seek refuge with Allah Almighty from the immoral and illicit thinking of BB Sanneh. Blasphemy is what you consider the defence of Islam? Is this how you carry out your responsibility of preaching the message of Islam? Your enmity and hatred for Ahmadiyyat has led you to blaspheme even Allah. If this is the Islam you are calling me to, I would rather remain the non-Muslim you have considered Ahmadi Muslims to be because I shall never make this obnoxious statement about Allah in the guise of calling it as someone elses belief. When a man has become Asfala saafileen (the lowest of the low) because of moral and spiritual decadence, he is capable of doing and saying anything. You are very right that
even the most basic of Muslims would found these beliefs repugnant and unacceptable to Islam
It appears that you are not even a most basic of Muslims, that is why you have made this repugnant and unacceptable statement.
The Ahmadiyya Muslim Jamaat believes that there is none worthy of worship except Allah. He is One and has no partner. He is Unique in His Being and Attributes; there is none like unto Him. He is the Hidden and the Manifest. He neither slumbers nor sleeps. He is Self-Sufficient and Independent. He begets not nor is He begotten.
The Promised Messiah and Founder of the Ahmadiyya Muslim Jamaat (as) writes:
“Relevant to a proper observance of my teaching it is essential that one should firmly believe that there is an All-Powerful, All-Sustaining Supreme Being, the Creator of everything, Changeless, Everlasting and Eternal. He does not beget, nor was He begotten. He is Holy, so that there is no need or occasion for Him to go on the Cross, or suffer in any way, or be subject to death. Belief in this God with these powers, is the foremost essential condition of our Jamaat (Our Teaching, p 1-2)
In a poem, the Founder of the Ahmadiyya Muslim Jamaat, Mirza Ghulam Ahmad (as) writes about Allah Almighty:
He is One and has no partner, the Living, the Almighty
The Eternal, the Everlasting, the Unique, the All-Seeing.
The Maker of the Universe, the Holy, the Eternal
The Creator, the Provider, the Gracious, the Merciful.
The Mentor, the Teacher Who leads to the path of faith
The Guide, the Revealer of the true knowledge.
The Possessor of all lofty attributes in their perfection
Far above the need for a spouse and children
(Baraheeni Ahmadiyya (English Translation), Part One, p. 18)
This is the bedrock of our belief in Allah Almighty. There is nowhere in the Ahmadiyya Muslim literature where you can find your allegation. Let BB Sanneh provide his proof from the literature if indeed he is truthful. Lying is very hateful in the sight of Allah Almighty.
THE AHMADIYYA BOOK, A BOOK DIFFERENT FROM THE QURAN?
The writer further stated, “They [Ahmadis] say there is no Quran other than what the Promised Messiah (Ghulam Ahmad) brought
. They also believe their book was revealed. Its name is al kitaab al-Mubeen and it is different from the Holy Quran. According to this statement there is a parallel book to the Quran in existence and that is the book of the Promised Messiah and that the Ahmadi Muslims consider it the only true book. Is the existence of a parallel book to the Quran, revealed to Muhammad Mustafa (saw) more than 1400 years ago, possible? As a believer in every word, letter and dot of the Quran revealed to Muhammad (saw), I believe that it is disrespectful to entertain such thinking about the Holy Quran.
Allah says in the Holy Quran
“And if you are in doubt as to what We have sent down to Our servant, then produce a Chapter like it, and call upon your helpers beside Allah, if you are truthful. But if you do it notand never shall you do it, then guard against the Fire, whose fuel is men and stones, which is prepared for the disbelievers (Surah Al-Baqarah: Verses 24-25).
In these two verses, Allah says that whatever assistance the disbelievers of the Holy Quran may muster, they cannot produce even a single chapter like the Holy Quran. No one has that ability, according to Allah Almighty, because He has taken upon Himself to protect the Holy Quran from such (Surah Al-Hijr: Verse 10). The writer is telling us that despite this promise of Allah Almighty, Hadrat Mirza Ghulam Ahmad (as) was able to produce a book and over two hundred million Ahmadi Muslims worldwide are following that book. Who is showing insolence and dishonor to Allah and degrading the Holy Quran? In fact it is the writer himself who is assigning mistakes and forgetfulness to Allah. Allah never says one thing and another happens in the contrary. But he is telling us that that is possible because according to him Hadrat Mirza Ghulam Ahmad (as) was able to produce a book like the Quran despite Allahs promise that such can never happen. Was he not aware of this verse when he was making this serious allegation about the Holy Quran? Does he disbelieve this verse of the Holy Quran? Or was he blinded by his enmity that he could not discern the implications of this blatant fabrication? It is indeed very difficult to connect the dots in a fabrication of falsehoods.
The book that Ahmadi Muslims believe and the reading of which reverberate in every Ahmadi Muslim household is the Holy Quran that was revealed to the Best of Prophets, Muhammad the Messenger of Allah (peace and blessings of Allah be upon). It has 114 Surahs starting with Surah Fatiha and ending with Surah an-Naas. Its first verses revealed are the first verses of iqra. It was revealed to the Seal of Prophets, Muhammad the Messenger of Allah (peace and blessings of Allah be upon him) piecemeal in twenty-three years. The Founder of the Ahmadiyya Muslim Jamaat writes that those who do honour to the Holy Quran revealed to Muhammad Mustafa (saw) shall be honoured in heaven. He said that it is the only Book for mankind until the Day of Resurrection. Describing the beauty of the Quran revealed to the Holy Prophet Muhammad (saw), the Book that we believe and follow, he said that it is more beautiful than a hundred thousand Yusufs. Imagine the beauty of Prophet Yusuf (as)!
The Founder of the Ahmadiyya Muslim Jamaat writes: “I call Allah to witness that the Holy Quran is a rare pearl. Its outside is light [Nuur] and its inside is light and its above is light and its below is light and there is light in every word of it … And Allah is my Witness that if there had been no Quran I would have found no delight in life. I find that its beauty exceeds that of a hundred thousand Yusufs … He who drinks from it, comes to life; indeed, he brings others to life” (Aina-e-Kamaalaat-e-Islam, Ruhaani Khazaain, Vol. 5, pp. 545-546)
He also writes: “God Almighty, Who knows the secret of the hearts, is Witness that if anyone is able to point out a defect in the Holy Quran to the extent of a thousandth part of a particle, or is able to point out an excellence in his own book, which is opposed to the teaching of the Quran and excels it, we would be prepared to submit ourselves to the penalty of death (Braaheen-e-Ahmadiyya, Ruhaani Khazaain, Vol. 1 p. 298, sub footnote 2).
No error or defect can ever be found in the Quran revealed to Muhammad, the Seal of the Prophets (peace and blessings of Allah be upon him). No one can compose any book that can challenge the lofty status of the Holy Quran. BB Sanneh has no regard for the Holy Quran. If he did, he would not have made these fabrications. Allahs curse be on the liars.
He (Mirza Ghulam Ahmad (as)) further writes: Of all the current revealed Books on earth, the Holy Quran is the only Book which is conclusively proven to be the Word of God. Its teachings for salvation are based entirely on truth and are in accordance with human nature. Its doctrines are so perfect and firm that strong proofs bear witness to their truth. Its commandments are based upon truth (Braheen-e-Ahmadiyya, Ruhaani Khazaain, Vol. 1 pp. 81-83)
This is the Ahmadiyya belief about the Holy Quran. This is just a drop from the ocean of references about the excellence of the Holy Quran in the writings of the Founder of the Ahmadiyya Muslim Jamaat. Let the writer exercise the minimum standards of honesty despite his hatred for Ahmadiyyat. One does not necessarily need religion to be honest; honesty is a universal moral principle. But the highest standards of honesty is required of a Muslim.
A CHALLENGE TO THE WRITER
I hereby challenge BB Sanneh to kindly show the complete text of the book the Promised Messiah (Ghulam Ahmad) brought” which is different from the Holy Quran” revealed to the Holy Prophet Muhammad (saw) more than 1400 years ago. I put forward a reward of twenty five thousand dalasis (D25, 000.00) if he produce this book and prove its authorship, beyond any reasonable doubt, by the Ahmadiyya Muslim Jamaat. Let him kindly exhibit this book. The onus of proof lies on the claimant. This unsubstantiated claim has been made for decades; let us now see the proof. I give you one month, starting from the date of the publication of this article, to prove your claim, if indeed you are truthful. Remember that Allahs curse is always on the liars.
The amount is very meager but no amount should in fact be meager for BB Sanneh as far as fulfilling his “responsibility” is concerned. In fact, even without a financial reward he should fulfill this responsibility.
AHMADIYYA BELIEF ABOUT THE HOLY PROPHET MUHAMMAD (PEACE AND BLESSINGS OF ALLAH BE UPON HIM)
The writer also alleges that Ahmadi Muslims believe that there is “
no prophet except under the leadership of Ghulam Ahmad
Nothing could be further from the truth. How was he able to muster the guts and the audacity to fabricate this statement? I challenge him once again to provide references from the Ahmadiyya Muslim literature to authenticate this statement. Let him fear Allah. Making false statements and bearing witness to them are among the most heinous sins. A person shall never attain righteousness without possessing the quality of truthfulness. Quit falsehood and you shall have the ability to do every righteous act. BB Sanneh has definitely manifested that he is not even a most basic of Muslims because he has shamelessly and fearlessly concocted statements about the Ahmadiyya Muslim Jamaat.
Now, I will present some quotations from the Ahmadiyya literature (the writings of the founder, Hadrat Mirza Ghulam Ahmad (as)) to show how truthful BB Sanneh is.
Hadrat Mirza Ghulam Ahmad (as) writes in a poem in the Persian language:
I know not of anyone in both the world; who has a station equal to Muhammad [saw].
God is utterly displeased with the person; who bears a grudge against Muhammad [saw].
If you desire that God should praise you; become a true admirer of Muhammad [saw].
Cut me to pieces or burn me to death; I will not turn away from the court of Muhammad [saw].
I know not the name of any other teacher; I have studied at the school of Muhammad [saw].
You have illumined my heart and soul with love; my life is an offering to you, O Muhammad [saw]!
(Announcement February 20, 1893, Majmuua Istihaaraat, Vol. 1, pp. 371-372)
The above is the translation of an excerpt from a poem by the Founder of the Ahmadiyya Muslim Jamaat.
In an Arabic poem, he writes:
He [Muhammad] surpasses all creation in his perfection and beauty; in his glory and his pleasant nature
No doubt, Muhammad [saw] is the best of creation; he is the elect of the elect and chief of chiefs.
I call Allah to witness that Muhammad [saw] is His vicegerent; through him [Muhammad] alone access is possible to the Divine court.
O my Lord, shower Your blessings upon the Holy Prophet [Muhammad]; ever and always, here and in the hereafter.
(Aina-e-Kamaalaat-e-Islam, Ruhaani Khazaain, Vol. 5, pp. 590-594)
Once again, I call upon BB Sanneh to kindly provide the reference from the Ahmadiyya Muslim literature to prove the above allegation. Lying is highly immoral.
O ye who wish to reach the castle of salvation,
Only righteousness will carry you there.
Be with the truth and let truthfulness abide your heart,
Be not attracted to falsehood like the ill-natured
DECLARATIONS OF DISBELIEF AGAINST AHMADIYYAT
The writer states that in April 1974, the World Muslim League in a conference held in Makkah declared the Ahmadi Muslims as kaafir. The same declaration, according to him was made by the Islamic Fiqh Council of Cape Town, South Africa. Ahmadi Muslims absolutely believe in the declarations of the Holy Prophet Muhammad Mustafa (saw). The writer is in essence telling us that the World Muslim League and the Islamic Fiqh Council of Cape Town are superior to Muhammad the Seal of Prophets (saw) and that their declarations overrule the Holy Prophet Muhammads (saw) declaration. Nauudhu Billahi. I said this because the Holy Prophet Muhammad (saw) said, Whoever prays the way we do, and faces our Qiblah in Prayer, and eats our slaughtered animals, then such a one is a Muslim concerning whom there is a covenant of Allah and His Messenger. So you must not attempt to hoodwink Allah in His Covenant.” (Sahih Bukhari, Kitabus Salaat, Baab Fadli Istiqbaali Qibla). BB SANNEH IS ATTEMPTING TO HOODWINK ALLAH IN HIS COVENANT. O Allah, protect the Gambia from the consequences of such mischief.
BB Sanneh has the audacity to reject the Prophets statement and accept the statement of a worldly council and is bold enough to say that Ahmadi Muslims are the ones rejecting Prophetic statements. So this is your Islam? Rejecting the statement of the Holy Prophet Muhammad Mustafa (saw) for a statement of a worldly council is what you consider Islam? The members of the Ahmadiyya Muslim Jamaat will never accept anything that goes contrary to the noble teachings and practices of the Holy Prophet Muhammad Mustafa (saw).
BB Sanneh is so proud to inform people about these declarations against the Ahmadiyya Muslim Jamaat but I am surprised that he did not tell the public with a reference that the Holy Prophet Muhammad (saw) has ever done that and that he has given authority to a Council or a League to decide someones faith. In fact he cannot find anywhere in any authentic source that the Prophet Muhammad (saw) called someone a Kaafir while the person testifies to the pillars of Islam. I want him to kindly help me with such authentic reference. Let him be a good Muslim and make references to the Holy Quran and the Holy Prophet Muhammad (saw). Further to this article, Insha Allah, shall be some articles examining more of the allegations.
I challenge BB Sanneh to provide the references for your statements that you attribute to the Ahmadiyya Muslim Jamaat. And next time please write your full name.
I will conclude my essay with an admonition in the form of a poem from the poems of the Promised Messiah (as). May this admonition be useful to Mr. Sanneh
[Woe to you] who has turned your back on the Faith,
Nothing but enmity and malice is the gain of your life.
You are slave to your enmity and mischief,
And do not listen to reason and fairness.
You are proud of your arrogance and ostentation,
And transgress the bounds of faith.
You consider it worship to utter heresies,
And treat misconduct as virtue.”
May Allah protect the Gambia, our homeland from every form of fitna.
NB: If there are any errors in this article, it would be the full responsibility of the author; not the Ahmadiyya Muslim Jamaat.
The Chief Justice Speaks for Me
The most important news in The Gambia since the election happened last week. It’s not the Attorney General’s bombshell news briefing on the freezing of 88 bank accounts, 131 landed properties, and 14 companies belonging to or directly associated with the exiled despot. Nor was it Lawyer Awa Sisay Sabally’s applause-worthy call on President Barrow to appoint without any further delay a Vice President. It was something that didn’t receive the same level of attention as the above. Nonetheless, it was the ultimate news of this political transition.
At the national stakeholders conference on justice and human rights at Kairaba Beach Hotel, Chief Justice Hassan Jallow affirmed that, in the light of many amendments that could affect the 1997 Constitution (the current Constitution), the state intended to draft a new Constitution. One news outlet quoted him as saying, “There is a strong case for the drafting of a new constitution under the leadership of a new group of experts set up by the state.” Reading the words that are in bold (the emphasis are mine), I was overcome at once with ecstatic relief. With a gleeful heart and bated breath, I crowed, “Hallelujah! God bless the Chief Justice!”
Given the defects of the current Constitution and the deliberate dilutions it suffered at the behest of the upended regime, the need to draft a new one should have been an obvious foregone conclusion. The fact that it hadn’t been until the Chief Justice’s revelation should have been the biggest scandal for the new government. In the run-up to the election, the Coalition included constitutional review in its reform agenda. The Memorandum of Understanding didn’t expound on what this ambiguous term would entail. Two things, however, implied an overhaul.
First, the central agreement of the Coalition was that their candidate for President would serve only three years in office to carry out a transition of democratic reforms, followed by a fresh election. Since that candidate was to be elected for a five-year term as required under the current Constitution, the cleanest, and probably the most legitimate and justifiable, way to accomplish this agreement would be to draft a new Constitution that would come into force in three years. With the new Constitution adopted in three years, the current one would cease to be in existence, and the current five-year term of the President would be curtailed to three years without anyone having to engage in any convoluted tampering with an already battered Constitution.
Second, almost all Coalition figures and their outspoken allies during and after the election kept promising how governing would be different in the third republic. And right after Barrow was sworn into office, the new administration began claiming that we are now in the third republic. To the extent that it matters, we aren’t in the third republic. We are still in the second republic. Barrow is the second president of the second republic. A new Constitution will usher in the third republic. An ordinary transfer of power through an election under an existing Constitution cannot ring in a republic. Otherwise, the United States would have surpassed 40 republics when it’s still in its first.
Those factors notwithstanding, the Coalition turned out to have something different in mind. Barrow, at his first press conference after he took office, was asked if the new government planned to write a new Constitution. He responded that they would only make amendments to the current one. You can imagine my disappointment. (For me, replacing the current Constitution with one that’s far superior must be the dominant issue of this transition.)
Why the Coalition never called for a new Constitution outright defied logic. I became upset at the body as a whole, but more so at its two most influential wings. Though several opposition parties had come together to form the Coalition, the key players in real terms were UDP and PDOIS. They are also the only opposition parties with substantive but clashing positions on the current Constitution. Their rivalry over it began from the beginning of the second republic. To PDOIS, the current Constitution is essentially good, if not great. In or outside of the Coalition, PDOIS, to my knowledge, hasn’t called for a new Constitution. The party can always provide a long list of great provisions in the current Constitution in their defense of it. Nevertheless, all in all, they are wrong, but at least consistent.
To UDP, on the other hand, the current Constitution was to all intents and purposes the despot’s Constitution. All the reason their failure to call for a new Constitution demands more than the charge of inconsistence. The party’s taciturnity on the matter borders on hypocrisy. It’s rendered more unconscionable by the fact that while Barrow technically ran as an independent, his political home remained UDP. This, in addition to the fact that they were the largest party in the Coalition, gave them more sway on this question. So I was left confounded by their seemingly newfound faith in a set of amendments to remedy the current Constitution. I even wondered whether gaining power finally has given them second thoughts about reining in the imperial presidency, and establishing a democracy on separation of powers with checks and balances. Why would they entrust the President with powers that they rightly didn’t want vested in the despot? I wondered still further if they now disagree with Lawyer Lamin J. Darboe’s erudite observation that, “Undoubtedly, [the current] Constitution permits the legal mismanagement of Gambian public life. With its hollow protections, it would still be an instrument of violence, if only potentially, even in the most benign of hands. It has no place in a proper democracy!”
The case against amendments alone goes beyond the stubborn fact that too many amendments needed to be carried out. The most obnoxious parts that must be expunged from the nation’s Constitution — paragraphs 11, 12, 13 and 14 of Schedule 2 (the so-called Indemnity Clause) — are themselves indemnified from any amendments either by the National Assembly or by a referendum thanks to paragraph 17 of the said Schedule. These paragraphs confer absolute blanket amnesty on the despot and the entire regime of the Armed Forces Provisional Ruling Council (AFPRC) for any decision or action they took during the military rule, which might include stealing millions from our national treasury and engaging in extra-judicial killings. Hence my utter disappointment when the Coalition stated their position on the current Constitution. It’s all too clear that amendments alone wouldn’t suffice. They wouldn’t and couldn’t undo these monstrosities of Schedule 2.
The most obscene thing about the referenced sections of Schedule 2 is its arrogance and moral turpitude. The military junta overthrew the elected government, albeit an ineffectual one. They launched multiple Commissions of Inquiry into that government in the name of “accountability, transparency, and probity.” They made so much noise about “rampant corruption” that had occurred in that government. And then, lo and behold, they turned around saying never mind all that. All Presidents, National Assemblies, and Courts must hereby be denied forever the legal authority to do to the junta what the junta did to the preceding government. Why wouldn’t they want their own example be applied to them? Why what’s good for the goose not good for the gander?
It should be noted that advocating for a new Constitution mustn’t be misunderstood as arguing for the entire current Constitution to be junked. Just as the current one largely kept the framework of the 1970 Constitution and still contained significant changes, the new one will emulate similar but nobler objective. I may even hazard a guess that the new Constitution will preserve about 70 percent of the current one. Properly done, however, the 30 percent difference will make a world of real difference between constitutional democracy and constitutional dictatorship. Let’s consider the case of the Chief Justice as an example. Whether one liked the appointment of Hassan Jallow or not, we must all bear in mind that just as Barrow appointed the justice all by himself under the current Constitution, Barrow can remove the justice anytime all by himself. The constitutional requirement that the President must consult the Judicial Service Commission is a bureaucratic waste of time by way of meaningless rigmarole. The Commission’s advice is, strictly speaking, a matter of mere formality. It’s non-binding in any shape or form. Is this what we want? For one person, however conscientious that person may be, to have that much power? And we wonder why we don’t have an independent judiciary? Presidents mustn’t consult at all any Commission whose authority is subservient to the President’s. The consultation regarding appointment of judges should be made to the National Assembly and the National Assembly’s vote to approve or disapprove should be binding. And judges must not be removed except by impeachment for unlawful conduct. That way, judges cannot be appointed or removed whenever a President feels like it.
Even if we feel rest assured that Barrow and future Presidents would never be anything like the despot, we shouldn’t leave so much of our fate at the mercy of their discretions. For instance, Barrow’s failure or refusal to appoint a Vice President after four months in office may not be violating the letter of the Constitution, but it’s totally contrary to its spirit. It’s also not just a cavalier attitude toward complying with the law, it puts the line of succession to the highest office in the land at risk for no good reason. Worse still, appointing someone who, for whatever unfair and undemocratic requirements, is disqualified from holding the office of Vice President to oversee the Vice Presidency isn’t only a display of insouciance toward the Constitution, but also an apparent act of violating the oath to uphold the Constitution without fear, favor, affection or ill will.
Talking about not trusting people in power to always do the right thing, one of my longstanding beefs with the current Constitution is the National Assembly’s ability to amend the so-called non-entrenched clauses. Like elsewhere, our experience has shown that politicians always claim to be acting in the national interest, but, far too often, they behave on partisan motives. Even when they truly act on the national interest, such actions are hardly divorced from their partisan interests. Politicians will always be politicians. They will almost always use whatever power is at their disposal to advance their own partisan interests. The amendments to the current Constitution proved that the drafters were wrong to assign the National Assembly the power to amend the Constitution save the entrenched clauses. And the entrenched clauses cannot remain functionally sacrosanct if their force can be undermined by the amendment or abrogation of related, supporting, or underlying clauses. As the supreme law of the land, everything in the Constitution should be deemed consequential. If they are not, they shouldn’t be in the utmost law. If they are, they should be beyond the grasp of the momentary passions or partisan motives of politicians. Yes, the power to make laws is invested in the National Assembly. But the one law they must not make is the law that gives them the power to make laws. The entire Constitution must be entrenched. No clause or paragraph or even punctuation mark must be amended without a referendum. The people must have their say. That’s the only assurance to protect the Constitution from being perverted by self-serving, power-grabbing politicians.
There are many other reasons to draft a new Constitution. Among them, the current one is poorly put together. It lacks the coherence and elegance a great national document deserves. To back up this contention, I must rely once again on Lamin J Darboe’s perceptive conclusion: “In The Gambia, [the current] Constitution is devoid of serious artistic beauty due mainly to the apparent absence of any real intention to ground the polity in objectively verifiable rule of law. This may be attributable to the fact that the political midwives of the Constitution were also present at the critical juncture of its creation. As they were interested, had absolute power, and wielded the veto, the resulting product was way short of the minimum standards a document like a national constitution must acquire to pass the requisite test of balance and neutrality, a document, so to speak, that can serve as a fitting legacy for posterity.”
It’s therefore gratifying to know that the new government had a change of heart. It’s also reassuring that the source of the news was the Chief Justice. And even more reassuring, he did more than share word about the plan to draft a new Constitution. He justified both the necessity and wisdom of such an undertaking. The importance of this is just too great. Monumental, in fact. That’s why the Chief Justice spoke for me. We now have the chance to establish the third republic that seeks that elusive equilibrium between security and liberty. We must institute a government that has all the power to protect the rights of the good folks of Kiang. At the same time, that government must have no power to set aside at will the rights of the good folks of Kiang. Then, we can celebrate our Constitution and our Republic.
By Foday Samateh