Yahya Jammeh declares State of Emergency in Gambia
Gambia’s outgoing President Yahya Jammeh has declared a State of Emergency on Tuesday less than 48 hours before his mandate ends on January 19th and to hand over power to President-elect Adama Barrow.
The State of Emergency Resolution passed by the National Assembly on Tuesday during an Extra-Ordinary Session will be effective for 90 days effective the 17th January to 17th April, 2017.
The National Assembly also passed the Resolution extending the life of the National Assembly for a further period of ninety (90) days effective from 11 April-11 July 2017. Both resolutions were tabled by House Majority leader Hon Fabakary Tombong Jatta who is also the NAM for Serrekunda East.
The declaration which represents a hardening of Mr Jammeh’s opposition is entirely meant to subvert the Constitution and to keep Mr Jammeh in power until Supreme Court judges arrive and sit over his election results petition. Mr Jammeh lost the December elections, conceded defeat and later reversed his decision prompting a two-month political impasse in the country.
Declaring the State of Emergency on national TV, Mr Jammeh said cited powers conferred upon him by the Provisions of Section 34 (1) (b) of the Constitution of the Islamic Republic of the Gambia, to declare a state of public emergency throughout the Islamic Republic of Gambia.
He cited few points as what necessitated the declaration of the state of emergency particularly the unprecedented and extraordinary amount of foreign interference in the 1st December Presidential Elections, and also in the internal affairs of the Gambia, and the unwarranted hostile atmosphere threatening the sovereignty, peace, security and stability of the country.
According to him, if the existing situation is allowed to continue, may lead to a state of public emergency.
He added: “The inability of the Supreme Court to convene as a result of the non-appearance of the Judges to hear the election petitions, mainly influenced by foreign powers and their agents, in an effort to thwart the constitutionally mandated process, as captured in an audio recording of the absconded chairman of the IEC discussing on how plans have been made to ensure the Supreme Court Judges will not sit on time to hear the petitions against the flawed results he published” he noted as another point of declaring the state of emergency..
Another reason of declaration according to Jammeh is the current state of fear and confusion created by some of the political players in the country, which could lead to the breakdown of law and order.
He said: “The need to prevent a constitutional crisis and power vacuum pending the determination of the petitions at the Supreme Court and the application for an injunction against swearing in Mr. Adama Barrow or anybody as president of the Islamic Republic of the Gambia, until the Supreme Court decides on the 1st December 2016 Presidential Election results. Under this state of public emergency, civil liberties are to be fully respected while all citizens and residents In the Gambia are banned from any acts of disobedience to the Laws of the Gambia, incitement to violence and acts intended to disturb public order and peace” he stated.
Mr Jammeh immediately instructed his security forces to maintain absolute law and order throughout the country.
Meanwhile, Mr Jammeh’s mandate as President ends mid-night on Wednesday, January, 18th. He is still defiant and refuses to step down despite ECOWAS mediation efforts to resolve the crisis.
Nigeria and other West African countries are preparing to intervene militarily. The Chiefs of Defence staffs of West African countries met Monday in Abuja to discuss strategies on the best way to get Jammeh out. Some West African countries will be contributing troops including Nigerian, for the operation and the United Nations and African Union has offered support to regional body ECOWAS for the plan.
ECOWAS Youth Council pleas with Jammeh to go peacefully & continue with life of dignity
The youths of West Africa, led by ECOWAS Youth Council has joined the call on outgoing Gambian President President Yahya Jammeh to hand over power peacefully and continue with a life of respect and dignity as being enjoyed by former Presidents like Olusegun Obasanjo, John Agyekum Kufuor, Goodluck Jonathan, John Jerry Rawlings and others who once upon a time, had to hand over the Presidency to a new President-elect.
In a letter address to President Jammeh, the ECOWAS Youth Council President Ambassador Seun O.E William on behalf of the Council said same action is what endeared Nelson Mandela to millions of hearts worldwide and called on President Jammeh not to miss this golden opportunity to leave a lasting legacy and set the stage for an enduring democracy in The Gambia.
Below is the full letter;
APPEAL FOR A PEACEFUL TRANSITION OF POWER TO THE PRESIDENT-ELECT OF THE GAMBIA
Following the announcement by the Chairman of the Independent Electoral Commission that, you lost the 1st December, 2016 Presidential elections to your main challenger, Adama Barrow, you made an historic concession speech which made the whole world to have a very different view about you, a view which you will still be entitled to if you do the needful.
However we were shocked to learn you later changed your mind to disagree with the result on the grounds of faulty calculations of the final figures.
Mr. President, each time we listen to your concession speech on radio, we feel that was the right thing and the best thing to happen to Gambia. That speech was a master piece that was meant to set Gambia on a new high politically, with the propensity to have a positive effect on the West African sub region. You were already set to write your name in gold as a beacon of hope for democracy in West Africa and still can be.
Mr. President, after twenty-two (22) years in office, we are sure you have made your mark – an indelible one, in the sands of time, in the affairs of things in Gambia and West Africa. No doubt, that the twenty two years have created both friends and foes for you, nevertheless it’s a long time enough for one man to create all the impact the Gambian people – his people, need to move ahead stronger in solidarity and peace.
Several West African heads of states have traveled to meet with you with the aim of talking you into stepping down, this however doesn’t seem to be working. Youths all over West Africa have also been making pleas to you to step down, through various means, but all falling on deaf ears. Dear President, we hope all these pleads from leaders, youths and relevant stake holders will eventually resonate with you and give you have a change of heart, to hand over peacefully, for the greater good of your people.
President John Dramani Mahama of Ghana recently lost and handed over to Nana Akufo-Addo, President Dr. Ernest Bai Koroma of Sierra Leone is expected to leave office in February 2018. Goodluck Jonathan also lost in Nigeria’s general election and handed over peacefully. These actions have further endeared these mentioned leaders to the hearts and minds of Africans and others in the world. You stand to gain more handing over to President-elect Adama Barrow peacefully, Sir. You are assured of more respect and adoration all over the world if you handover peacefully, as promised by you in your concession speech earlier.
The youths of West Africa, led by ECOWAS Youth Council, is bringing it to your notice today that all those urging you to stay on against the people’s will, do not mean well for you and your dear Gambia. ECOWAS Youth Council like every other group and associations in West Africa urge you to peacefully hand over and continue with a life of respect and dignity as being enjoyed by Olusegun Obasanjo, John Agyekum Kufuor, Goodluck Jonathan, John Jerry Rawlings and others who once upon a time, had to hand over the Presidency to a new President-elect. This same action is what endeared Nelson Mandela to millions of hearts worldwide. Do not miss this golden opportunity to leave a lasting legacy and set the stage for an enduring democracy in The Gambia.
Mr. President, its certain that you will no longer be in a position to lead The Gambia peacefully and legitimately after January 18, 2017 – this is already evident in the fact that African Union has decided to withdraw your legitimacy after the above date, this is also in addition to the fact that ECOWAS is putting up a regional force to ensure the transfer of power is decided by Gambians. Gambia can be spared of this looming catastrophe, and you hold the key to avoiding it.
Mr. President Sir, think of the thousands of Gambians that will be displaced, think of the thousands that will be caught in the cross fire, think of the hardship your dearly beloved people will go through, will your further stay in power be worth all the terrible things your people will go through? Are you ready to live with the knowledge that your actions brought your country to ruins, a country you have tried to build for 22 good years, what will be your benefit if Gambia is made to be like Syria, Libya, Iraq or Afghanistan. This is the time to listen to the youths of West Africa and to your people. This is the time to listen to the mothers and children of Gambia – the very people you have worked all these years for.
It’s clear that even the Almighty Allah has destined it that you live and live peacefully, to do otherwise will be to go against the people, remember the voice of the people is the voice of Allah. As a devoted Muslim, you will not go against the will of Allah. Allah destined you to rule your country peacefully for twenty-two years, you can’t ask for anything better than that from Allah! Honor Almighty Allah and do his bidding by following the voice of the people to leave now and peacefully.
ECOWAS has resolved to take military action if you don’t leave by the date, United Nations, African Union, Common Wealth, All international Organizations and countries including Saudi Arabia has encouraged you to leave, it’s clear that you stand to gain more by leaving than striving for a short period to stay on.
ECOWAS Youth Council will like and be happy to see a beautiful Gambia peacefully emerge from all these with you solidly writing your name in gold and joining the leagues of elite African leaders and statesmen championing the cause of democracy in Africa.
Mr. President, we hope to end this letter by asking you to keep a copy as a testament that we in ECOWAS Youth Council on behalf of all West Africa Youths, especially Gambian Youths, solicited your peaceful hand over which will have two attendant outcomes respectively if you accept our plea or not; (a) Handover peacefully on agreed date and be part of a historic event (b) Refuse to handover and have the ECOMOG use force with the full backing of the international community. We prefer the first to the latter, hence we are make a last minute call to you to spare Gambia, from this impending doom.
Thank you Mr. President! May you think and act wisely in the interest of the people of The Gambia.
President Jammeh why opprobrium in a doom cause or did you deserve to die?
Only death can end both the spell to bewitch and the prerogative to dominate- and sometimes even death can snuff out power from a tyrant. The killing of a tyrant is specially designed to echo the leader’s vices (Jammeh is a narcissist, killer, bigot and misogynistic). President Yahya Jammeh ruled with an iron fist for the past 22 years, has tried to remain in power by contesting the results of the nation’s presidential poll before the Supreme Court, after initially conceding defeat in December. Jammeh believed that he could bully the Gambian people into becoming the lifelong ruler of The Gambia.
President Yahya Jammeh became uniquely a sultan in his own right, notorious for his arrogance and foolishness.” The Gambian people have spoken and I have no reason to contest the will of the almighty Allah, “said Jammeh, a “proud dictator”.” The country will be in your hands in January (2017) and you are assured of my guidance on your transition and in selecting your new government “Yet less than a week later, outgoing president Jammeh did an about -face-face on national television to annulled the elections, which he described as plagued by “serious and unacceptable abnormalizes”. President Jammeh is illegitimate to rule and deserve to be killed or condemn in prison for life.
President Jammeh is notorious for his bizarre and at times, belligerent behavior scoring his own goal signaled the end of his pretension to Caesarian heroism andCasanova machismo for decades. Yahya Jammeh’s mistake is to place himself above all Gambian men. His arrogance prevented him from realizing that he is not supported by most Gambians and non-Gambian. His actions will lead to his death because he is considered a tyrant. In the minds of the people getting rid of a tyrant, who wants to bring down The Gambia deserved to die.
“The terror inspired by Caligula’s reign, “wrote Suetonius, “could be judged by the sequel”. Romans were so terrified of the emperor that it was not enough to assassinate him. They wanted to see him dead: If President Jammeh refuse to step down to hand over power to president-elect Adama Barrow; he will get the death he deserved because he will be killed thrown off at State house balcony and dogs lick his blood.
The Economic Economic Community of West African States (ECOWAS) is working to find a solution to ensure a peaceful transition of power or the possibility of deploying soldiers to the Gambia to force him to step down. The international community has the right now to override the sovereignty argument of The Gambia. Government has the obligation to protect its citizens. If it will not protect them then or it is unable to do so then the international community knows that it has an instrument to intervene to ensure that a situation does not deteriorate further.
“All political live, unless they are cut off in midstream at a happy juncture, end in failure,” wrote Enoch Powell, the controversial but often perspicacious British politician, “because that is the nature of politics and of human affairs”. But the political lives of tyrants play out human affairs with a special intensity: the death of a democratic leader long after his retirement is a private matter, but the death of a tyrant is always a political act that reflects the character of his power. If a tyrant dies peacefully in bed in the full resplendence of his rule, his death is a theater of that power; if a tyrant is executed while crying for mercy in the dust, then that, too, reflects the nature of a fallen regime and the reaction of an oppressed people.
This may be truer of president Jammeh if he fails to hand over power peacefully: he will be killed and the dogs lick up his blood as terrible as the death of the Byzantine emperor Andronicus I, who was beaten and dismembered, his hair and teeth pulled out by the mob, his handsome face burned with boiling water. In modern times, it was more frenzied than the semi- execution, in 1989, of the Romanian dictator Nicolae Ceausesu, but not as terrible as the ghastly lynching, in 1958, of the innocent King Faisail II of Iraq and his hated uncle, who were supposedly impaled and dismembered, their heads used as soccer balls. In 1996, the pro-Soviet former president of Afghanistan, Najibullah, was castrated, dragged through the streets and hanged.
President Samuel Doe of Liberia was captured and stripped naked except for his underpants. In a video, Doe is sitting on the floor and one of his tormentors holds a microphone to his face. He is begging Prince Johnson for his life. The rebels hold him back as one of them cuts off his ears. He does it almost casually, and when Doe can’t sit up again, he is earless and bleeding onto his naked body also cut off his fingers and toes. He finally died in unclear circumstances’ is said that president Doe’s body was later cooked and eaten by the rebels.
President Jammeh’s reluctance to hand over power and respect the people’s verdict in December 1 presidential election in which Adama the winner is distasteful and could pollute the essential morality of an insurrection; yet there are sound political reasons for the international community culling of the self-proclaimed Mansa of the Gambia. President Jammeh’s tyranny is absolutist, monarchial and personal. The problem with such dictatorships is that if the tyrant lives, he reigns and terrorizes. As Churchill put it, “dictators ride to and fro upon tigers from which they dare not dismount.”
All tyrannies are virtuoso displays over many years of cunning, risk-taking, terror, delusion, narcissism, showmanship and charm, distilled into a spectacle of total personal control. Dictators are the greatest of all actor-managers- omnipotent impresarios. They will last only if prestige, prosperity and a vestige of justice are maintained. Uninhibited bloodletting can also work. – as other dictators, have demonstrated- until luck eventually runs out in the shape of treason, outside interference or a tsunami of civil disobedience like the Arab Spring. It is hard to imagine that there would be anything but giblets left if those two now fell into the hands of their people.
If a dictator cannot die in his own bed, the best he can do is try to stage manage his downfall, because such characters find it unthinkable to exist without ruling. President Yahya Jammeh, is so narcissistic that he first denied the fact of that the Gambian people want democracy before embracing his own ruthless, heroic role, the drama of the last stand:“I have set my life upon a cast,” says Shakespeare’s Richard’s III,” and I will stand the hazard of the die.” President Jammeh should save his family and thousands of lives by retiring to his Kanilai villa and later face the International Criminal Court. Yet the narcissist envisages his downfall only as a mise-en-scene featuring his followers, family and country, consumed in his bonfire of egomaniacal nihilism. President Jammeh must have planned to die in battle like Richard III and Macbeth, or to kill himself. YahyaJammeh, this monstrous poseur will totally bungle his own death.
The master class in death of dictators was given by Hitler who, even as Russian legions fought their way into Berlin, kept control long enough to plan and execute his testament, marriage and suicide: control to the end in a kerosene-fueled garden Gotterdammerung. But not even he achieved the brilliant dignity of the death of Charles I, denounced as a“man of blood” by his Puritan tormentors, whose grace before execution set a standard that President Jammeh could only dream of:“I am a martyr of the people,” he said before facing the axe. “I go from a corruptible to an incorruptible crown where no disturbance can be, no disturbance in the world.
The expectation of the Gambian people and the international community will not sit and wait the country plunge into chaos result in loss of innocent lives and destruction of properties. It is deemed necessary ECOWAS to seek the endorsement of AU Peace and Security Council to deploy troops in Gambia to force the will of the Gambian people upheld.
Article written by Alagi Yorro Jallow
Gambia’s Foreign Minister, 2 other Ministers resign from Jammeh’s gov’t
In yet another big blow and a sign to outgoing President Yahya Jammeh that his government is over, three ministers of his government on Monday tendered their resignations, exactly two days before Mr Jammeh’s term in office ends on January 19th.
They are Neneh Macdouall-Gaye, the Minister of Foreign Affairs; Abdou Kolley, Minister of Finance and Economic Affairs and Abdou Jobe, Minister of Trade.
Mr Jammeh in turn appointed the Minister of Tourism and Culture, Benjamin Roberts as the new Minister of Finance and Economic Affairs and moved the Tourism Ministry under the purview of Fatou Lamin-Faye, the Minister of Basic and Secondary Education who still remains blind.
These resignations followed two others last week by former Ministers of Information and Sports, Sheriff Bojang and Alieu Jammeh respectively, after clearly seeing the writings on the wall that the Jammeh government is history.
Mr Jammeh who ruled Gambia for the past 22 years remains defiant and refuses to hand over power peacefully to President-elect Adama Barrow, who won the December elections.
Diplomatic efforts has since been ongoing led by ECOWAS who’s mediation team has visited The Gambia twice to convince Mr Jammeh to hand over power peacefully when his term ends on January 19th but all talks failed. There are possibilities of military intervention if Mr Jammeh failed to hand over when his term ends.
Thousands of Gambians have for the past day fled out of the country for fear of violence amidst the political impasse.
Sirleaf reacts angrily after Jammeh broadcast conversation on TV, says ECOWAS position hasn’t change
Liberian President and Chair of the ECOWAS Authority of Heads of States and Governments has angrily reacted to Gambia’s outgoing President Yahya Jammeh’s move in broadcasting their telephone conversation on television.
She also made it clear that ECOWAS position has not change and stand by same position that President Jammeh must respect the Constitution of The Gambia, hand over power because he lost the elections of December 1st.
On Sunday, Mr Jammeh phoned President Sirleaf to beg for ECOWAS through her, to facilitate the availability of Supreme Court judges to look into his election petition. Mr Jammeh aired the conversation on State TV, GRTS, without the permission of President Sirleaf.
Speaking to BBC Focus on Africa, President Sirleaf in an angry tone rubbished the action of Mr Jammeh for recording their conversation without any permission. She said Mr Jammeh neither told her that he was recording her nor will air it on television.
“On Sunday, January 15th, Gambia’s President Yahya Jammeh telephoned me to make an appeal to the ECOWAS Authority to make judges available as as means to addressing the crisis. This was really nothing new as he had said the same thing in meetings with the mediating team twice in Banjul. Unfortunately, being the person that he is, he recorded and televised the conversation without advising me of his intent to do so. He absolutely did not tell me he was recording me. I was in a vehicle when I received his call. It was telephone conversation between him and me. Like I say, unfortunately he did not tell me his intention or tell me after that he has done so” Liberian President Ellen Johnson Sirleaf to BBC Africa Services.
She then made it clear that there is no change in ECOWAS position and the Gambian Constitution mus be respected. She said that message has since been conveyed by the mediators during their visits to Banjul.
“Let me make it very, very clear, there is no change in Ecowas’s position. The Constitution of The Gambia must be respected. That has been conveyed by our mediator, Nigerian President Muhammadou Buhari and the mediating team twice in Banjul. There is no change in ECOWAS position. That’s it” she insisted.
According to President Sirleaf, at the time of the phone call, she taught that Mr Jammeh was finding a way out of this and that he was going to work with the mediating team to ensure peaceful transfer of power but it is in the contrary.
“At the time he called me, I was thinking that he was going to find a way out of this, that he was going to to be able to work with the team but clearly, clearly, it was a lose on his battle. So the only thing I can say once again is that ECOWAS position has not change. I don’t anticipate any court ruling or what soever. All I know is that President Jammeh must respect the Constitution. There was an election and that election was won by the head of the opposition team and he needs to respect that. That is the position of ECOWAS” President Sirleaf insisted.
Meanwhile, the preparation by Gambians to inaugurate President-elect Barrow on January 19th, with international backing despite Jammeh’s defiance gives him sleepless nights prompting his phone called on President Sirleaf.
Mr Jammeh earlier attempted to nullify the results and file a petition to the Supreme Court contesting the results of the December polls that he lost to Adama Barrow. Earlier, the country’s Chief Justice Emmanuel Fagbenle ruled that the election petition could not be heard until May as there are no sufficient judges to constitute the Supreme Court which has not been functional for the past two years.
Today, the Chief Justice has again decided to stay away from the interlocutory injunction Mr Jammeh has filed asking the Court to stop President-elect Adama Barrow from been sworn in.
Gambia’s Chief Justice recuse himself from injunction to stop Barrow’s inauguration
Gambia’s Chief Justice Emmanuel Fagbenle on Monday decided to stay himself away from the interlocutory injunction filed by outgoing President Yahya Jammeh for the court to stop the inauguration of President-elect Adama Barrow.
Last Thursday, the outgoing president’s Attorney Edward Gomez filed injunction to stop the inauguration of President-elect Barrow.
Chief Justice Fagbenle today declined to rule either way in the motion because he’s the subject of it.
It could be recalled that the injunction is seeking the Court to restrain the Chief Justice of The Gambia, his agents, servants, workers, employees or any person acting in judicial or quasi-judicial capacity from swearing-in and /or inaugurating Adama Barrow as President of the Republic of the Gambia on the 19th day of January 2017 or any other date pending the determination of the petition of the petitioner/Applicant before the Honourable Court.
The petitioner is also seeking for the court to restrain the President of the Republic of The Gambia, the government of the Republic of The Gambia, its agents, servants, workers, employees or any person acting in whatever capacity from preparing, arranging, organizing, conducting, partaking or participating in any manner or form in the swearing-in and /or inauguration of Adama Barrow as President of the Republic of The Gambia on the 19th day of January 2017 or any other date pending the determination of the petition of the petitioner/Applicant before the court.
The injunction also seek for the restraining of the National Assembly of The Gambia, its Speaker, Deputy Speaker, Honourable Members, Clerk of the National Assembly, agents servants, workers, employees of the National Assembly, or any person acting in whatever capacity from swearing-in and or inaugurating or preparing , arranging, organizing, conducting, partaking or participating in any manner of form in the swearing-in and /or inauguration of Adama Barrow as President of the Republic of The Gambia on the 19th day of January, 2017, or any other date pending the determination of the petition of the petitioner/Applicant before this Honorable Court.
The Petitioner further seek the court to restrain any organ of the government of the Republic of The Gambia, any domestic, regional or international body, group or organization, their agents, servants, workers, employees, any person acting in whatever capacity from swearing-in and or inaugurating or preparing, arranging, organizing, conducting, partaking or participating in any manner or form in the Republic of The Gambia on the 19th day of January, 2017 or any other date pending the determination of the petition of the petitioner/Applicant before the court.
Finally, the injunction is seeking the court to restrain Adama Barrow from Presenting himself before the Honourable Chief Justice of The Gambia or any judicial or quasi-judicial officer or any person in whatever capacity whatsoever for swearing-in or inauguration as President of the Republic of The Gambia on the 19th day of January, 2017, or any other date pending the determination of the petition of the petitioner/Applicant.
Gambia’s National Assembly on ECOWAS mediation efforts
Gambia’s National Assembly On Monday convened in an Extra-Ordinary Session to pass motion commending the efforts by the sub-regional body, ECOWAS, in resolving the post electoral impasse in the country.
The motion that made up of 23 points was moved by Hon. Fabakary Tombong Jatta, Majority leader and APRC NAM for Serrekunda East.
“I rise to move that this august Assembly do consider and adopt this resolution, commending and appreciating the good efforts of the authority of heads of states and government of the ECOWAS to peacefully settle the post-election impasse in The Gambia,” Hon. Fabakary T Jatta said.
The resolution amongst other things condemned the country’s electoral body for being responsible for the post electoral impasse in the country. It also called on the ECOWAS heads of States and Governments to quickly provide judges to constitute the Supreme Court. It further called to respect the sovereignty of the Gambia.
Hon. Abdoulie Saine, member for Banjul Central seconded the motion.”The whole Gambia is in this house as we are representing the whole country” he said.
The NAM for Banjul Central condemned the Senegalese government for not acting as good neighbours. He also condemned the AU Security Council for what he called ‘threatening the stability of the country’. “I condemned the Senegalese Government and AU Security Council. Their actions are totally against the sovereignty of our country,” he said.
At that juncture, the Speaker of the Assembly advised him to limit himself to the context of the subject.
Meanwhile, there were several other contributions from the floor.
The session also witness the swearing-in of the new nominated National Assembly Member, Hon. Abdou Jarju, former NAM for Kombo Central, replacing Hon. Seedy Njie, who has since been appointed Minister of Information and Communication.
GAF’s Explosives Expert Arrested And Detained
Captain Bubacarr Bah an explosives expert with The Gambia Armed Forces was arrested by personnel of the military police at his home in Nema Su Estate Sunday, January 15.
Captain Bah studied in Turkey where he was based for many years before his return to Banjul. Security sources say he was approached many times by The Commander in Chief, Yahya Jammeh to work at the State House but he declined the offer.
Bubacarr is said to be a no nonsense man who is very well respected among men and women of The Gambia Armed Forces.
Jammeh’s APRC Picking A Fight With President Macky Sall
A large group of APRC supporters today gathered at the Arch 22 in Banjul to witness the court hearing of the injunction asking for the court to stop the inauguration of President elect Adama Barrow
Among the crowd were a number of APRC supporters with banners caricaturing Senegalese President Macky Sall whom they accused of fueling instability in The Gambia.
Some of the banners read ‘ Macky Sall, you are our biggest enmy’ while others read ‘Macky Sall, you have to mine your problem with Cassamas’ wording extracted from APRC banners.
It is important to note that since the start of this election crisis, President Jammeh has been making public statements implicitly accusing Senegal of supporting the opposition coalition and also meddling in the internal affairs of The Gambia.
Meanwhile, Chief Justice Fangbele has recused himself from the case citing conflict of interest because he is a proper party to the case. The case is now expected to be heard in May or November when the judges are expected to travel to The Banjul.
THE HUMILIATED JAMMEH AND THE PHONE CALL
Chei aduna kumba njie! One minute he rants like a gallant soldier ready to mash up his entire enemy force and its arsenal. The next he begs like a subdued truant soliciting to be spared the rod. I told you so Gambians, I told you so time and again that Jammeh is a toothless bull dog. Billaahi ma warou. Ah, few days ago, Jammeh was bragging and daring ECOWAS to come for him; swearing that he will deal with them and emerge victorious only for him to call the ECOWAS chair begging. What baffled me most was his tedious search of a befitting adjective to address the Liberian President less he unruffled her feathers. His demeanour was so pathetic and submissive. Yen warou wulen nam? Waye Jammeh gorr kadom, hana. I thought you had chosen to die standing but all of a sudden you want to live on your knees. Oh hell no, it is not happening. You made up your bed, so lie on it.
Jammeh’s pathetic phone conversation with Johnson Sirleaf, the Liberian President and ECOWAS chair revealed Jammeh true character: selfish, greedy, indiscipline and disregard for constitutional rule. You think I am not spot on? Be my guess. Well for a start, if he truly respects and is committed in defending the Gambian constitution up to planet Mars, what is barring him from upholding the clause with instructs the outgoing president handling over power to the president-elect when his term expires? Oh, I forgot he referred to it as “In our constitution, the so-called deadline of 19th January 2017 is not cast in stone and all shall await the outcome of the decision of the Supreme Court”. What a disrespectful way of upholding a constitution, Monster Jammeh? To shamelessly manifest his selfishness, he owlishly told her, “I want to confirm to you that I have filed an application for an injunction to restrain Mr Adama Barrow from being sworn in as well as restrain the Chief Justice and any other party from swearing in Mr Adama Barrow until the application is decided by the Supreme Court of the Gambia and until then the status quo remain”. Jammeh has no mandate after 18th January 2017 as a legitimate president of the republic of the Gambia. Since he wants to take the legal route, he must then abide by the constitution. Barrow and the coalition has assured him that he can pursue his petition as a former head of state. Furthermore, his constitutional rights will be protected under an independent and impartial judiciary.
Who is Jammeh to brush aside the will of the Gambian people coupled the whole world and expects his personal objective be upheld? Atay kela! If ECOWAS backtrack their promise of using force to dislodge Jammeh, we will come and fight him from street to street. We don’t want you and you insist that we must want you by force. How different are you from the colonial masters and slave drivers? Come 19th January 2017, Adama barrow will be inaugurated in shaa Allah and your smelly backside will be sweating in mile 2, oh sorry I meant to say bamba dinka. You think ECOWAS is as gullible as you. Think again Mr Yaya Jammeh. Remember 18th January 2017 midnight you become a rebel leader if you refuse to hand over power and you know what that means. Smoking your backside out.
If ECOWAS makes the mistake of allowing Jammeh’s so-called injunction to go through, the Gambia will turn into an open mass grave. Jammeh has no regards for anything but himself. The constitution is very clear on election, its declaration, handing over power, swearing in a president-elect and the process of an election petitioning. Yet Jammeh is hell bent in stay in power at all cost. It will not happen. Gambians have decided and that decision stays.
For the security services, it is your choice to die for Jammeh or die defencing the Gambia. It is Gambia versus Jammeh. Choose which side you want and be prepared to bear the cross of your choice. Nin buwaalu mann Allah domo, Thursday tay bayila. The whole world cannot be wrong and only Jammeh is right. You have 48 hours to decide: Jammeh or Gambia.
The televised telephone conversation breached all diplomatic protocols and a last minute propaganda to win hearts and minds of Gambians. He wants us to believe he is in control and ECOWAS is on his side. He is cornered and is scouting for anything that will give him an extended lease of life. He is a thwart who blew up all his chances.
To the National assembly Members Kemo Conteh admonished you in his Facebook wall as thus:
“As Malcolm Turnbull, prime minister of Australia said about Australian politics, Gambian politics is not about personalities, it’s about two million Gambians. “It’s about their dreams, their aspirations, their families, their sense of dignity and security, their anxieties about the future, about government services, whether they can keep their job, whether they will get a better job in a stable and predictable economy, and so forth.” Your majority APRC party in the national assembly is facing the biggest disillusionment if not embarrassment with the Gambian public today more than any other time in all of its years in Gambian politics. As Turnbull said further, in elections people vote for the party they hope will win or in some cases, against the party they hope will lose. APRC need to listen very carefully to the concerns of the majority of Gambians as they have expressed in their votes through this election. The message the electorate sent out to you is that for 22 years we’ve been ruled, not led by your party. You need to reflect and think very deeply at how you will address these concerns.”
We have a constitutional democracy in the Gambia but driven by a presidential dictatorship. In this contradiction in the science of government, a presidential dictatorship can have a parliamentary executive, thereby setting up the ruling party freely and easily. With increased plurality in our multi-party constitutional democracy however, setting up the ruling party is against the rule and it will increase militancy and consciousness of the people. Under the 1997 constitution of the republic, you are not a parliament but a national assembly. You do not have any power anywhere within the text to extend the term of an out-going president by one day beyond his/her mandated term of 5 years, in the present political circumstances and climate of the republic and under the entrenched clauses of the constitution, you can do this only with the endorsement of a national referendum”.
Sulayman Jeng
Birmingham, UK
OPINION ON THE DECEMBER 1ST 2016 PRESIDENTIAL ELECTIONS by two outgoing students of The Gambia Law School (patiently awaiting Call to The Gambian Bar, hopefully, as soon as the current impasse ends)
“Acceptance-… the electoral processes reflect the will of the people. It is then an overriding principle of Electoral Justice that everyone abides by the outcome; that the outcome be given effect by the institutions of government; and that the legitimacy of the results be acknowledged by the international community.” Per Adinyira Mrs JSC Ghana Supreme Court in Nana Addo Dankwa Akufo Addo & Ors v John Dramani Mahama & Ors
On the 1st December 2016 the people of the Republic of The Gambia went to the polls to elect a President as provided for under Section 46 of the 1997 Constitution. On the 2nd December the Independent Electoral Commission announced the results of the elections and out of the three Presidential Candidates Adama Barrow was declared the duly elected winner. The Outgoing President and head of the APRC Party, called the President Elect Adama Barrow, on national television to congratulate him on his victory. He offered to work with the President Elect and his team within the 60 days prior to his inauguration to foster a smooth transition. However on the 9thof December 2016, the Outgoing President announced on state television that he is rejecting the election results and went on to declare the elections a nullity. He further stated that the people of the Republic of The Gambia would go back to the polls for fresh elections, as he believed that the election conducted on the 1st December 2016 was not free and fair, despite his previous acceptance of the results.
The above scenario poses a real threat to the democratic process in the Gambia, and raises a lot of legal and constitutional issues of concern, which are of both national and international interest to all citizens of The Gambia and the international community as whole. For those who ask the question, why should the international community be interested in a matter of national interest to The Gambia? Our answer is that, any threat to peace and security in any part of the world, poses a real threat and undermines the peace and security of the world at large. Thus, the need for sub-regional, regional and global mechanism to curb any such threats wherever they occur in The World. In this global and interdependent world that we all live today, it is only those with limited knowledge of world affairs that would ask such a naive question!
It is indeed alarming and worrying that a professional lawyer from a sister jurisdiction like Senegal does not appreciate that Senegal and Gambia are bound together by a common history, interest, and geography. So much so that when any one country sneezes the other catches a cold.
As young aspiring lawyers, who have just successfully completed our Bar Vocational Training at the Gambia Law School, awaiting our Call to Bar Ceremony, we deem it necessary to lend our modest knowledge and expertise, acquired during the course of our legal training, to address certain legal issues that have arisen since the December 1st Presidential election. The issues raised and addressed are not meant to pre-empt any pending legal process, but to educate the general public in the face of misinformation and grave intellectual dishonesty being perpetrated by a so-called expert in both civil and common law, as alleged. (We are yet to see any proof of such expertise, especially judging from the irresponsible utterances being made by this so-called expert. We wish to submit that even a first year student of Constitutional law should know that submission made by this person, who for all intent and purposes, is an apology to humanity, are false, erroneous and calculated to mislead the public. !
- CAN A PRESIDENT NULLIFY ELECTORAL RESULTS BY A MERE DECLARATION
1.1 Section 46 of the 1997 Constitution provides that “there shall be an election for the office of the President in the three month before the expiration of the term of the incumbent President. The dates for the nomination of candidates and for holding the election shall be determined by the Independent Electoral Commission.”
1.2 Section 49 further states that “Any registered political party which has participated in the Presidential election or an independent candidate who has participated in such an election may apply to the Supreme Court to determine the validity of the election of a President by filling a petition within ten days of the declaration of the result of the election.”
As such, given that the Constitution is the supreme law of the land, (See Section 4 of the Constitution), it is absolutely clear that the Outgoing President’s statement made on the 9th December 2016 declaring the December 1st Election null and void has no legal basis and is tantamount to an abrogation of the Constitution, thus amounting to treason under Section 6 of the Constitution. Section 49 of the Constitution should be interpreted to mean that, if any Presidential Candidate is aggrieved by the results declared by the IEC, the only option available is to challenge the results by filing a petition at the Supreme Court. Thus it is only the Supreme Court that can
- declare an election results valid or otherwise
- Order fresh elections or a rerun
The above clearly illustrate that no other body, person, or authority can declare a duly held election a nullity or order a fresh election. This can only be done by a Judgment of the Supreme Court, presided over by the Chief Justice and four other justices of the Supreme Court.[1] As in the case of Col. Dr. Besigye Kiiza v Museveni Yoweri Kaguta & Anor (Election Petition No.1 of 2001) where the Supreme Court held that the election conducted in Uganda in 2001 was not free and fair and consequently the results were nullified. Also in Kwijuka v Electoral Commission & Anor (Election Petition No. 007 of 2011) where the Supreme Court held that even though there were failures to comply with the provisions and principles of the Election Act it did not affect the results of the Presidential Elections in a substantial manner; as such the petition was dismissed. See also Nana Addo Dankwa Akufo Addo & Ors v John Dramani Mahama & Ors (Incidentally, the First Respondent is the Former President of Ghana, who recently handed over power, peacefully and with admirable candor, after losing democratically held elections in Ghana).
THE ANSWER TO THIS FIRST QUESTION IS THEREFORE AN EMPHATIC NO!
- WHAT IS THE ROLE OF THE IEC UNDER THE CONSTITUTION
2.1 The functions of the IEC are spelt in Section 43 of the Constitution as follows:
- “Subject to the provisions of this Constitution the Independent Electoral Commission shall be responsible for-
“(a) the conduct and supervision of the registration of voters for all public elections and the conduct and supervision of all public elections and referenda;
(b) the conduct of the election of a speaker and a Deputy Speaker,
(c) the registration of political parties;
(d) ensuring that the dates, times and places of public elections and referenda are determined in accordance with law and that they are publicised and elections held accordingly;
(e) ensuring that candidate in elections make a full declaration of their assets at the time of nomination. “
Subsection (2) further provides that, The Commission shall announce the results of all elections and referenda for which it is responsible.
It is pertinent to note that subsection (3) clearly provides that “In the exercise of its functions under this Constitution or any other law, the Commission shall not be subject to the direction or control of any other person or authority.”
Thus the IEC has a fundamental constitutional obligation to remain independent in performing its functions under the Constitution. When undertaking its mandate, the IEC is not subjected to the direction and the control of any person or authority.[2] This is to ensure that there is neutrality and impartiality in the process.
- DOES THE FILING OF A PETITION BEFORE THE SUPREME COURT AFFECT THE VALIDITY OF ELECTORAL RESULTS DECLARED BY THE IEC
3.1 In law there is a general presumption of the regularity and legality of the acts of public officers until the contrary is proven, (Omnia Praesumuntur rite esseacta). Furthermore, the Evidence Act, 1994 provides in Section 156 (1) that “When any judicial or official act is shown to have been done in a substantially regular manner it is presumed that formal requisites for each validity were complied with.” Section 156 (2) further provides that “When it is shown that a person acted in a public capacity it is presumed that he or she has been duly appointed and was entitled so to act. “Therefore, the official results declared by the IEC remain valid, legal and subsist, unless the Supreme Court declares it otherwise. This same position was taken in the case of Nana Addo Dankwa Akufo Addo & Ors v John Dramani Mahama & Ors in interpreting Article 63(9) which is the same as Section 156 (1) and (2) of the Gambian Evidence Act. It was rightfully held that the legal effect of the said provision is that “unless contrary is proved the President is presumed to have been validly elected.” As such the party who filed a complaint has the burden to rebut the presumption.[3] And whether the presumption has been properly rebutted is a matter for determination by the Supreme Court as duly and fully constituted. In other words, the presentation of the petition before the Supreme Court does not have any effect on the validity of the election result. If the filing of a petition invalidates the election result, then what is the need for a trial?
- DOES THE FILING OF AN ELECTION PETITION BEFORE THE SUPREME COURT HAVE ANY IMPACT WHATSOEVER ON THE INAUGURATION OF THE PRESIDENT ELECT?
4.1 Section 63(1) of the Constitution provides that the term of office of the President is 5 years. Section 63 (2) of the Constitution clearly provides that a duly elected President shall take the prescribed oath and assume the day the term of the incumbent President expires. A petition filled by any aggrieved party does not and should not abrogate these provisions of the Constitution. Section 4 of the 1997 Constitution clearly provides that the Constitution is the Supreme law of the land.
4.2 Failure to inaugurate the duly elected President in accordance with Section 63(2), would extend the term of the President in clear and manifest violation of Section 63(1). On the basis of the full power and Constitutional authority of the IEC, and the fundamental presumption of legality, the President Elect should assume office irrespective of any pending petition before the Supreme Court. In other words the filing of a petition before the Supreme Court does not in any way affect the inauguration of the President Elect. It is pertinent to note that the powers and jurisdiction of the Supreme Court under the Constitution do not include;
- the power to declare any person duly elected, it is only the IEC that has such a power under the 1997 Constitution.
- the power to restrain by any means the inauguration of the President Elect, contrary to the express provisions of the Constitution.
4.3 Can An Order Be Given By Any Authority To Stay The Inauguration– The granting of an order or injunction or directives from any person or authority to halt or suspend or postpone the inauguration will have the effect of violating the provision of section 63(2) of the Constitution. The court must avoid acts or omissions, which will affect or paralyze a clear provision of the Constitution. In the case of JH Mensah V Attorney general (1996- 97) SC GLR 320 provides clear guidelines on how a constitutional matter should be dealt with as follows; “the principle of constitutional interpretation is that the constitution be construe as a whole so that its various parts work together in such a way that none of them is rendered otiose.”
4.4 Furthermore there is ample precedence to establish that the filing of an Election Petition does not affect the Inauguration of a President Elect. We can take inspiration from previous election petitions filed in The Gambia, which in no way affected the inauguration of the President elect at the time. In the election petition case of Nana Addo Dankwa Akufo and others V JH Dramanimahama and others, the filing of the petition did not prevent the President Elect from assuming office. The Petition was fully determined and disposed of six month after the inauguration of the President Elect.
4.5 It is also pertinent to note that an Election Petition is not similar to other initiating processes. Such a Petition does not only affect the rights of two individuals, but is indeed a matter of Constitutional importance affecting the democratic governance of a nation. Courts would therefore shy away from issuing interlocutory Orders that would tantamount to subversion or abrogation of the Constitution, without hearing the substance and full merit of a case. See Peters v Attorney-General (2002) 3 LRC 32 C.A., Trinidad and Tobago at 101 Sharma J.A Said:
“An election petition is not a matter in which the only persons interested are candidates who strive against each other in elections. The public are substantially interested in it and that it is an essential part of the democratic process. It is not a lis between two persons, but a proceeding in which the constituency itself is the principal party interested. The characteristics of an election petition are fundamentally different from civil proceedings. Hence for example there was the need for special rules concerning, for example, the notice and publication, which is outside the courts ordinary jurisdiction and procedures. An election petition is quite unlike any of the initiating proceedings in the High Court. It is not a writ, or originating summons, nor is it in any way close to say a petition in bankruptcy or a petition for divorce, which respectively have their own rules of procedure. In a sense an election petition can be described as sui generis.”
- CAN THE NATIONAL ASSEMBLY OR ANY OTHER BODY OR AUTHOURITY EXTEND THE TERM OF A PRESIDENT
5.1 The term of the President is provided for in Section 63(1) 0f the Constitution. This Section falls under the entrenched provisions of the Constitution, which can only be altered following the very strict procedures and guidelines set out under the Constitution. (Section 226 (4) and (7) of the Constitution) For the avoidance of any doubt, the power to extend the term of the President resides in the Sovereign will of the Gambian people, through a referendum conducted by the Constitutionally mandated body i.e. the same IEC. THEREFORE THE NATIONAL ASSEMBLY CAN ONLY DO SO SUBJECT TO THE SOVEREIGN WILL OF THE GAMBIAN PEOPLE, THROUGH A REFERENDUM, DULY CONDUCTED BY THE IEC!
- WHAT IS THE EFFECT OF CORRECTION OF ERRORS THAT DO NOT AFFECT THE REAL OUTCOME OF AN ELECTION
6.1 Election officials are human beings and as the saying goes, “ To err is human and to forgive is divine” Therefore any irregularities or errors that do affect the outcome of the results will not vitiate or nullify the Election, especially such errors can be easily rectified pending final declaration of the results by the IEC. In the Canadian case of Opitz v. Wrzensnewskyj 2012 SCC, the court said as follows:
“The practical realities of election administration are such that imperfections in the conduct of elections are inevitable … A federal election is only possible with the work of thousands of Canadians who are hired across the country for a period of a few days or, in many cases, a single 14-hour day. These workers perform many detailed tasks under difficult conditions. They are required to apply multiple rules in a setting that is unfamiliar. Because elections are not everyday occurrences, it is difficult to see how workers could get practical on-the-job experience… The current system of electoral administration in Canada is not designed to achieve perfection, but to come as close to the ideal of enfranchising all entitled voters as possible. Since the system and the Act are not designed for certainty alone, courts cannot demand perfect certainty. Rather, courts must be concerned with the integrity of the electoral system. This overarching concern informs our interpretation of the phrase “irregularities …that affected the result.”
6.2 Halsbury’s Laws of England 4thEdition, Volume 15(4) atparagraph 670, states that
“No election is to be declared invalid by reason of any act or omission by the returning officer or any other person in breach of his official duty in connection with the election or otherwise of the appropriate elections rules if it appears to the tribunal having cognizance of the question that the election was conducted substantially in accordance with the law as to the elections, and that the act or omission did not affect the result. The function of the court in exercising this jurisdiction is not assisted by consideration of the standard of proof but, having regard to the consequences of declaring an election void, there must be a preponderance of evidence supporting any conclusion that the rule was affected.”
- CONCLUSION
The IEC is the body mandated by the Constitution to conduct Election and declare results of all elections conducted under the Constitution including election to the Office of the President. The Independence of the IEC must be respected in accordance with Section 43 of the Constitution. Any process to review its decisions must follow the strict provisions of the Constitution and nothing more. As highlighted earlier, Per Adinyira Mrs JSC“the electoral processes reflect the will of the people. It is then an overriding principle of Electoral Justice that everyone abides by the outcome; that the outcome be given effect by the institutions of government; and that the legitimacy of the results be acknowledged by the international community.”
[1] Section 125
[2] Section 42(1)(e)(3)
[3] Section 141 of the Evidence Act
Mass Arrests Of Military Officers in Banjul
A team of military police personnel led by Lt. Nuha William Jammeh, officer commanding Military Police Sunday evening rounded up senior military officers at the Fajara barracks. The officers, Captain Babucarr Bah alias ‘Van damme’ and Captain Demba Baldeh alias ‘Mbarode’ were both arrested on allegation of showing allegiance to President Elect, Adama Barrow.
Later on, more arrests were conducted and among those arrested are Col. Hena Sambou, Lt. Col seedy joof, Lt. Col. Mai Touray, Major Yusupha Jammeh, Warrant Officer Class One Bangally S, Warrant Officer Class One Nfansu fofana, Warrant Officer Class One MB Sarr, Sgt Kemo Manneh and ex Staff Sergeant Dodou Touray.
Security sources have informed us that five of those arrested are held at The headquarters of The National Intelligence Agency in Banjul.
Meanwhile, the barracks have been put on alert after word went out that there could be an attack led by one of the generals.