DR Congo boycott training in bonus row at AFCON
The DR Congo squad boycotted their training session on Friday, just three days before their opening match at the Africa Cup of Nations.
The players are protesting over reduced bonus payments for the finals in Gabon as well as payments owed from 2015.
“This has been happening for years and years. We always prepare well but there is always a problem with bonuses,” said Norwich midfielder Youssouf Mulumbu.
DR Congo are scheduled to play Morocco on Monday in their first Group C match.
The Leopards reached the semi-final at the Nations Cup two years ago in Equatorial Guinea and finished in third place.
But the players insist they have yet to receive their financial rewards for the achievement.
DR Congo’s sports minister Willy Bakonga has led a delegation of 100 officials to Gabon to resolve the problems.
He told Congolese radio: “When we arrive we will talk with them (the players). We will be together so there is no problem since the bonuses are already there. We’ll give them to them.”
DR Congo’s Everton winger Yannick Bolasie, who is missing the Nations Cup because of injury said “It is not a great situation because as a player you want to be focused on the first game.
“If three days before the first game you are concerned about not being paid and you are boycotting training, what kind of preparation is that?
“Even once you do get paid you can’t just switch your focus and think everything is all right. You need three or four days to prepare – it is crucial.
“I understand the issues because I have been through it. When I have been with the squad I’ve tried to block it out because I don’t want it to affect my game.
“This is the first time I am seeing the situation it from the outside the outside and it is really disturbing. The government should have sorted the issues so that everything is smooth.
“The player just want to be able to concentrate on the game but they haven’t had the chance to do that.”
Guinea Bissau deny hosts Gabon as Cup of Nations begins
Minnows Guinea-Bissau made it a memorable start to the Africa Cup of Nations as a late Juary Soares equaliser saw them hold hosts Gabon to a 1-1 draw in Saturday’s opening game.
Soares headed home for the tournament debutants in the 90th minute to cancel out Gabonese poster boy Pierre-Emerick Aubameyang‘s opener in the Group A game at the Stade de l’Amitie in capital Libreville.
The final whistle was greeted with jeers from the home support but there was delight for Guinea-Bissau, for whom just being at the tournament is a remarkable achievement.
Four-time winners Cameroon, who have been hit by a raft of withdrawals, and 2013 runners-up Burkina Faso were set to meet at the same venue at 1900 GMT knowing a victory would leave them on top of the section after the opening round of games.
After an opening ceremony in which French rapper Booba was the star turn, Gabonese President Ali Bongo declared the tournament officially open.
Bongo was accompanied by his counterpart from Guinea-Bissau, Jose Mario Vaz, and Issa Hayatou, the veteran head of the Confederation of African Football, at the 40,000-capacity stadium.
There have been calls from opponents of Bongo to boycott the tournament amid a social and political crisis in the central African country of 1.8 million people, and the ground in Libreville was not completely full for the occasion.
Supporters of Jean Ping, who insists he should have won last year’s contested presidential election rather than Bongo, had planned a protest in central Libreville to coincide with the opening game.
Those who wanted to see the host nation get off to a winning start in the 60th anniversary Cup of Nations were to be disappointed.
After a first half that failed to catch fire, Gabon came to life in the second half and opened the scoring in the 52nd minute.
The Guinea-Bissau defence failed to clear their lines and talented winger Denis Bouanga’s low ball to the back post was converted by Borussia Dortmund star Aubameyang, to the delight of the home fans.
However, Gabon began to sit back and Guinea-Bissau had opportunities to equalise towards the end, with Rudinilson Silva and substitute Frederic Mendy both coming close.
They looked to have blown their chance, but they drew level in the final minute, Soares getting in front of Bruno Ecuele Manga to head home Zezinho’s free-kick and allow the ‘wild dogs’ to claim a point from their first ever match at the Cup of Nations finals.
The Cup of Nations features 32 matches and runs until February 5, when the final will be played in Libreville.
Games will also be played in Oyem, Port-Gentil and Franceville, where the Algeria of newly-crowned African player of the year Riyad Mahrez meet outsiders Zimbabwe and Tunisia take on Senegal in Group B on Sunday.
Senegal have never won the Cup of Nations but arrived in Gabon as the top African side in the FIFA rankings and are one of the favourites this time around.
A star-studded side notably containing Liverpool winger Sadio Mane is determined to make up for their poor showing at the last Cup of Nations two years ago in Equatorial Guinea, when they were eliminated in the group stage.
“We have an obligation to make up for what happened. What we did was not great given the expectation of the Senegalese people. We are here to do better than in 2015,” declared skipper Cheikhou Kouyate, of West Ham United, on Saturday.
Reigning champions Ivory Coast begin their defence of the trophy against Togo in Group C on Monday.
AFCON 2017 opens in Gabon
The Africa Cup of Nations opened Saturday in the Gabonese capital Libreville. It is the 31st edition of the Africa Cup of Nations, the prestigious continental football competition.
The Africa Cup of Nations 2017 promises to be very interesting as sixteen teams clash in 32 matches to determine the best of the best in the continent.
There was fireworks and gymnastic display at the stadium to usher in the 31st edition of the Africa Cup of Nations.
Top international and African musicians thrilled the continent at the opening ceremony that was watched from the 40,000 seater Stade de l’Amitie by millions of people worldwide.
Franco-Senegalese rapper Booba was the star turn and thrilled spectators at the opening ceremony.
Gabonese President Ali Bongo declared the tournament officially open. He was accompanied by his counterpart from Guinea-Bissau, Jose Mario Vaz, and Issa Hayatou, the veteran head of the Confederation of African Football among other CAF, FIFA and sporting personalities at the 
40,000-capacity stadium.
The opening ceremony end with the first match of the competition between Gabon and Guinea-Bissau at 1600 GMT and the game ended 1-1.
UNHCR: ‘Thousands fleeing Gambia fearing potential unrest’
Several thousand people, mainly children, have crossed into Senegal from the Gambia in the last ten days to escape growing tension over the results of last month’s presidential election, the UN Refugee Agency in Dakar has confirmed.
While some people have decided to stay in The Gambia, many have begun sending their children to Senegal as a precautionary measure amid the political impasse, fearing potential unrest.
The United Nations High Commission for Refugee (UNHCR) teams report seeing buses filled with children, accompanied by women, cross the border,” said Liz Ahua, the regional representative for the UN Refugee Agency in Dakar.
Gambia’s longtime ruler Yahya Jammeh narrowly lost to rival Adama Barrow in the country’s December 1 election. After initially conceding defeat, Jammeh reversed his decision prompting international condemnation.
He is now contesting the result at the Supreme Court which had already announced that it cannot sit over the matter over lack on judges to constitute a panel to hear the case. Hi Attorney, Edward Gomez has further filed an interlocutory injunction seeking the superior court to stop President-elect Barrow from been sworn-in pending the outcome of the petition ruling.
According to Ahua, the UNHCR, other aid agencies and the Senegalese authorities have been monitoring the borders since the political crisis erupted, deploying joint field missions last week and this week to southern Senegal’s Cassamance, bordering Gambia, and its surroundings.
Much of the daily border crossing is regular traffic, but preliminary findings also suggest that several thousand people have crossed to Senegal to seek shelter, mainly in the Ziguinchor, Sédhiou, Kaolack and Kolda areas.
The UNHCR says with support from Senegalese authorities, they are working to strengthen registration systems, which will help clarify figures.
“Most arrivals in Senegal are Gambians and Senegalese who have been working or living in the Gambia. The teams also report Ghanaians, Guineans, Liberians, Mauritanians and Lebanese among the arrivals. Most are staying with relatives or host families. Some households have more than doubled or tripled in size, which risks putting a strain on their resources, especially food,” UNHCR’s Ahua noted.
Ahua added that the UNHCR is working closely with the Senegalese authorities and aid agencies to establish contingency plans in case of future influxes. “These include identifying and preparing transit and hosting sites near existing facilities providing basic services” Ahua noted.
In the meantime, the UNHCR announced that it has dispatched a team on Thursday, January 12th 2017, to Zinguichor in Cassamance area, to assess existing protection capacity.
The UNHCR office and the authorities in Guinea Bissau are also sending a team to Cacheu in the north-west of that country, where some 400 people have reportedly arrived from the Gambia in recent days.
In addition to UNHCR and Senegal’s National Committee for Refugees, Returnees and Displaced People, interagency missions also included OCHA, UNICEF, the World Food Programme, IOM and other stakeholders.
Diplomatic efforts from various international actors, including ECOWAS, the African Union and the UN, are under way to convince President Jammeh to step down and allow Barrow to assume his new functions on January 19.
Barrow meets French President Hollande at Mali Summit, discusses Gambia situation
Gambia’s President-elect Adama Barrow today met with French president François Hollande at the France-Africa Summit in Mali and discuss the current political situation in The Gambia.
The ongoing 27th Africa-France Partnership, Peace and Emergence Summit is convened by French President Francois Hollande in Mali, aimed at strengthening cooperation between France and African countries in the areas of peace and security, economic partnership and development.
Prior to meeting President-elect Barrow, President Hollande during the opening of the Summit called on outgoing President Yahya Jammeh to respect the will of the people and hand over power peacefully. He assured Barrow of France’s fullest support saying his country will recognize him as legitimate President of The Gambia by January 19th.
Barrow flew to Bamako on Friday accompanying ECOWAS mediation team after failed talks in Gambia. Today, he briefed West African leaders at the Summit about the ongoing political impasse in The Gambia.
On Friday, the ECOWAS mediation team leader by Nigerian President Muhammadou Buhari with Liberian President Ellen Johnson Sirleaf and Ghana’s former President John Mahama where in the Gambia to find a lasting solution to the political impasse.
The talks failed for the second time as incumbent President Yahya Jammeh who lost the December polls still insist on power saying he will not hand over power until the verdict of the court is delivered on his petition.
Barrow held talks with West African leaders at France-Africa Summit in Bamako
Gambia’s President-elect Adama Barrow today held talks with West African leaders at the ongoing 27th France-Africa Summit in Mali.
The ongoing 27th Africa-France Partnership, Peace and Emergence Summit convened by French President Francois Hollande in Mali is aimed at strengthening cooperation between France and African countries in the areas of peace and security, economic partnership and development.
No detailed information came out as to what Mr Barrow discussed with leaders but it is believed that it all centered on the current political situation in the country.
Barrow flew to Bamako on Friday accompanying ECOWAS mediation team, to briefed West African leaders at the Summit about the ongoing political impasse in The Gambia.
On Friday, the ECOWAS mediation team leader by Nigerian President Muhammadou Buhari with Liberian President Ellen Johnson Sirleaf and Ghana’s former President John Mahama where in the Gambia to find a lasting solution to the political impasse. The talks failed for the second time as incumbent President Yahya Jammeh who lost the December polls still insist on power saying he will not hand over power until the verdict of the court is delivered on his petition.
Has President Buhari abruptly left Banjul after meeting Jammeh?
Unconfirmed report to The Fatu Network reveals that Nigerian president and chief mediator Muhammadu Buhari abruptly left Banjul immediately after meeting outgoing president, Yahya Jammeh without meeting President-elect Adama Barrow and his team as scheduled.
It is still not clear as to why Mr Buhari abruptly left but unconfirmed reports say it may not be unconnected with the many unnecessary demands that out going, Yahya Jammeh has been making as part of his pre-conditions for a possible break through.
The Fatu Network is frantically doing everything to verify and to bring to you the updates as to why this happened.
‘If we fail the people of Gambia, we will be failing Africa’- AU boss Zuma
Dr. Nkosazana Dlamini Zuma, Chairperson of the African Union Commission has called on the African Union Peace and Security Council to be unambiguous & unequivocal in its message to resolve the current political crisis saying “If we fail the people of The Gambia, we will be failing Africa’.
Dr Zuma said the situation in The Gambia does not need long discussion because when the people have spoken, that should be respected.
Addressing the 647th meeting of the African Union Peace and Security Council on Friday, 13th January 2017, in the Ethiopian capital, Addis Ababa, Dr Zuma insisted that the will of the Gambian people must be respected in this instance.
“We don’t need long discussions on this matter. The African Union Peace and Security Council must be unambiguous & unequivocal in its message to resolve this issue. The African Union is working with ECOWAS leaders and the stakeholders of The Gambia to ensure a smooth transition of authority on 19 Jan 2017. The Gambia voted, the president-elect was voted & he should be installed when the time comes” she insisted.
Dr Zuma said the will of the people must be respected saying “We’ve come a long way. Democracy in Africa is thriving… The ECOWAS region presents a good example of democracy in Africa… and when the people have spoken, that should be respected”.
Meanwhile, at the end of the meeting, the African Union has announced it will cease to recognise Yahya Jammeh as Gambia’s legitimate president as of January 19th, the date he is due to hand power to the winner of the December election, the AU’s Peace and Security Council said.
African Union Peace and Security Council also warned of “serious consequences in the event that his action causes any crisis that could lead to political disorder, humanitarian and human rights disaster, including loss of innocent lives and destruction of properties”.
It could be recalled that outgoing President Yahya Jammeh was defeated in December polls, conceded defeat and later reversed the decision prompting international condemnation. He has since been defiant and the sub-regional bloc, ECOWAS, has for the second time visited the Gambia without any deal. Mr Jammeh is still defiant and leaders may resort to military intervention to get rid of him.
Barrow off to Bamako to meet ECOWAS leaders at France-Africa Summit
The ECOWAS mediation team has decided to fly out with Gambia’s President-elect Barrow to talk to all ECOWAS Heads of States at an ongoing Summit in Bamako, Mali, following ‘failed’ talks to resolve the political crisis on Friday.
The ongoing 27th Africa-France Partnership, Peace and Emergence summit convened by French President Francois Hollande in Mali is aimed at strengthening cooperation between France and African countries in the areas of peace and security, economic partnership and development.
Speaking to journalist at a press briefing at the Coco Ocean after the end of the Banjul mediation, Nigerian Foreign Minister Geoffrey Onyeama confirmed the ECOWAS delegation will traveled together with President-elect Barrow to Mali to ensure that all the sub-regional Heads of States to hear from him directly for the first time.
“The ECOWAS Heads of States will for the first time hear from Barrow directly,” said Mr Onyeama.
Foreign Minister Onyeama said today’s talks were not conclusive, saying they will have to brief to sub-regional authorities before disclosing the specifics to the press.
He said they will brief other leaders about today’s talk, thereafter, they will make action plan to resolve the ongoing political crisis in the country.
Meanwhile, during today’s talks, the ECOWAS mediators met in a separate meeting, the outgoing President Yahya Jammeh, Incoming President Barrow with the coalition team, the Chief Justice of The Gambia Emmanuel Fagbenle and Deputy electoral Commission Chairman Malleh Sallah.
Since the talks have failed for the second time, the sub-regional body promised to come up with an action plan after the summit in Bamako.
ECOWAS’ Gambia talks ‘failed’
The ECOWAS led talks to end the current political crisis in The Gambia has reportedly failed again as outgoing President Yahya Jammeh still remain defiant and refusing to hand over power to President-elect Adama Barrow who won the December presidential polls.
An ECOWAS mediation mission led by Nigerian President Muhammadou Buhari including Liberian President Ellen Johnson Sirleaf and former Ghanaian President John Dramani Mahama where in the Gambia on Friday for the second time to broker a deal to end the political crisis.
The delegation upon arrival in The Gambia, first met outgoing President Yahya Jammeh at the State House. Nothing official was announced after the meeting but leaked information confirmed that Mr Jammeh remained defiant and insisting that he will not step down as the election results petition is now at the Supreme Court and should be respected.
The Chief Justice Emmanuel Fagbenle last week announced that the Supreme Court cannot sit over the petition until May as there are no judges to preside over the petition. Yet still, Mr Jammeh remains defiant and with no hope on the petition and his term expiring on January 19th, 2017, Mr Jammeh ordered his Attorney Edward Gomez to filed an interlocutory Injunction at the Supreme Court to stop President-elect Barrow from been sworn-in, clearing showing his defiance not to hand over power.
Manwhile after meeting with the ECOWAS team, Coalition spokesperson Halifa Sallah told journalist that the mediation is still not conclusive but expressed beliefed that efforts will continue to resolve the crisis.
“The ECOWAS mediation is still not conclusive and the coalition beliefs that ECOWAS efforts will continue, since they have been able to meet both sides.The destiny of the Gambia is in the hands of Gambians. No president could claimed to be credible who will rule a country of dead bodies and destroy properties.The crisis has not been solved by today’s talks” Sallah said.
President Buhari who is the chief mediator could not meet President-elect Barrow because after meeting Jammeh, he left for Mali to participate in the 27th Africa-France Partnership, Peace and Emergence summit. He assigned his Foreign Minister Geoffrey Onyeama to represent him while Liberian President Sirleaf and Ghana’s Mahama completed the mission in meeting President-elect Barrow.
Meanwhile, it is also confirmed that the ECOWAS delegation is travelling tonight with President-elect Barrow to Bamako, Mali, where he is expected to discuss face-to-face with other ECOWAS Heads of States at the ongoing 27th Africa-France Partnership, Peace and Emergence summit convened by French President Francois Hollande. The Summit is aimed at strengthening cooperation between France and African countries in the areas of peace and security, economic partnership and development.
African Union says to stop recognizing Jammeh as Gambia’s President from Jan 19
The African Union has announced it will cease to recognise Yahya Jammeh as Gambia’s legitimate president as of January 19th, the date he is due to hand power to the winner of the December election, the AU’s Peace and Security Council said.
In a statement issued after its 647th meeting held on 13th January 2017, in the Ethiopian capital, Addis Ababa, the Council also warned of “serious consequences in the event that his action causes any crisis that could lead to political disorder, humanitarian and human rights disaster, including loss of innocent lives and destruction of properties”.
On the post-election situation in The Islamic Republic of The Gambia, the Peace and Security Council;
Takes note of the briefing made by the Chairperson of the Commission, Dr. Nkosazana Dlamini-Zuma, as well as the presentation made by the Commissioner for Political Affairs, Dr. Aisha Laraba Abdullahi, on the latest developments in the post-electoral situation in The Gambia, following the presidential election held in that country on 1 December 2016. Council also takes note of the statements made by the representatives of The Gambia, as well as of Liberia, in its capacity as Chair of the Authority of the Economic Community of West African States (ECOWAS), Egypt, Ethiopia and Senegal, as African Members of the UN Security Council, and the United Nations (UN);
Recalls Article 23 (4) of the African Charter on Democracy, Elections and Governance. Council further recalls communiqué PSC/PR/COMM. (DCXLIV) adopted at its 644th meeting held on 12 December 2016, in which Council strongly rejected any attempt to circumvent or reverse the outcome of the presidential election held in The Gambia on 1 December 2016, which is a clear expression of the popular will and choice of the Gambian people, and called upon outgoing President Yahya Jammeh to keep to the letter and spirit of the speech he delivered on 2 December 2016, in which he welcomed the maturity of democracy in The Gambia and congratulated the president-elect, Adama Barrow;
Commends ECOWAS for its principled stand with regard to the situation in The Gambia, and reaffirms its full support to the decisions adopted by the 50th Ordinary Summit of the ECOWAS Authority held in Abuja, on 17 December 2016, including the consideration to use all necessary means to ensure the respect of the will of the people of The Gambia. In this respect, Council pays tribute to the leadership and commitment demonstrated by Her Excellency President Ellen Johnson-Sirleaf, of Liberia, Chairperson of the ECOWAS Authority, as well as to His Excellency President Muhammadu Buhari of Nigeria, ECOWAS Mediator, and to Former President John Dramani Mahama, of Ghana, co-Mediator, for their continued efforts aimed at ensuring a peaceful and smooth transfer of power in The Gambia;
Calls upon, once again, the outgoing President, Yahya Jammeh, to respect the Constitution of the Gambia, the ECOWAS and AU instruments, in particular the AU Constitutive Act and the African Charter on Democracy, Elections and Governance, by handing over power, on 19 January 2017, as stated in the Constitution, to the newly-elected President of The Gambia, Adama Barrow, as decided by the people of the country;
Decides, in line with Articles 24 and 25 of the AU Charter on Democracy, Elections and Governance, as well as Article 7 (m) of the Protocol Relating to the Establishment of the Peace and Security Council, to take the following steps with a view to ensuring respect for the will of the Gambian people:
Solemnly declares the inviolable nature of the outcome of the presidential elections held on 1 December 2016 in The Gambia. In this respect, Council strongly reaffirms the AU’s zero tolerance policy with regard to coup d’état and unconstitutional changes of government in Africa;
Further Declares that, as of 19 January 2017, outgoing President Yahya Jammeh will cease to be recognized by the AU as legitimate President of the Republic of The Gambia;
Warns outgoing President Yahya Jammeh of serious consequences in the event that his action causes any crisis that could lead to political disorder, humanitarian and human rights disaster, including loss of innocent lives and destruction of properties;
Stresses the need for the outgoing President Yahya Jammeh and his Government to refrain from any action that could undermine the process leading up to the swearing in of the president-elect, on 19 January 2017. Reiterates its call to the Gambian stakeholders, including the defense and security forces, to exercise utmost restraint and to strictly abide by the Constitution and uphold the rule of law, including the respect for the freedom of speech. Council stresses the duty and obligation of the defense and security forces to place themselves at the disposal of the democratically elected authorities of their country;
Further stresses the importance of a common and unequivocal message and continued coordination of efforts within the international community, in support to ECOWAS endeavours in The Gambia;
Expresses its appreciation to the Chairperson of the Union, as well as to the Chairperson of the Commission, for their initiatives and efforts aimed at supporting those of ECOWAS and countries of the region to urgently find a way for a speedy and peaceful transfer of power in The Gambia;
Looks forward with keen interest to the outcome of the visit to The Gambia, today, 13 January 2017, by the ECOWAS Mediation, with the participation of the AU and the UN;
Agrees to meet, as soon as possible, to assess the post-electoral situation in The Gambia and take appropriate decisions as may be deemed necessary;
Decides to remain actively seized of the matter.
Nigerian military flight spotted at Banjul Int’l Airport
A Nigerian military flight has been spotted at the Banjul international Airport in Yundum, credible sources have informed The Fatu network
The flight that first landed in Banjul on Thursday, January 12th and went to Dakar, Senegal, shortly after landing have returned again today.
It is not clear why the presence of the military flight in Gambia, either or not for the security of Nigerian President Muhammadou Buhari.
Mr Buhari is currently in the country leading a powerful presidential delegation from ECOWAS mediating a final end to the political crisis.
‘No force on earth can stop the inauguration except God’- Mai Fatty
Lawyer Mai Ahmed Fatty, a leading figure in the coalition team has said nothing can stop the inauguration of President-elect Barrow on the 19th January.
“There is no force on earth to stop the inauguration of President-elect Barrow not Jammeh or APRC supporters except God,” Lawyer Fatty insisted.
Speaking to journalist at a press conference held at Kairaba Beach, Lawyer Fatty argued that the ruling party may file a thousand injunctions in the court but it cannot stop the inauguration of President-elect Barrow from taking place.
Lawyer Fatty said the mandate of the people have shifted to the President-elect. He argued that the entire membership of the coalition have conducted itself in accordance with the law. He further argued that the failure of the outgoing President to empaneled the court which he said was not their difficulty but was the president’s own challenge, adding that the actions of the APRC supporters at the court was very illegal and disrespectful to the laws of the highest court of the country.
“The Supreme Court has its rules that are grounded. It states that at least five judges must preside over a matter,” Fatty pointed out.
The seasoned lawyer questioned the legality of a single judge to sit over a matter to the point of adjourning it. “How does he adjourn it? Did he have the jurisdiction? Jurisdiction is key in administering justice,” he stated.
However, Lawyer Fatty said he was not trying to interfere into the merits of the case which he said is not allow but noted that they were provoked by the remarks of the alleged Minister of Information Seedy Njie who has told the international media the filing of the petition has empowered the outgoing president to stay in power untill May. He rubbished his statements as baseless, unfounded and lacked wisdom.
“They are trying to preempt the court that is not yet empaneled and the law has specified that the petition should be treated not more than 30 days” he said.
Lawyer Fatty said the Supreme Court is not yet fully constituted as the judges are yet to arrive and sworn-in. He added that the matter cannot be heard until sometime in May by that time president-elect would be president as Jammeh’s term would expire in January 19th.
Lawyer Fatty has pointed out that the filing of petition is not different from ordinary petition in court, saying that filing thousand injunctions cannot stop the inauguration. He said the petition does not affect them because they are not party to the case.
Meanwhile, Lawyer Fatty called on supporters to prepare and come out in their large numbers to grace the occasion at the Independence Stadium on the 19th, 2017. He reminded that nothing would stop them not even a so-called state of emergency. He said they would respect the laws of the land but not directives or whatever from any individual.
Jammeh’s attorney files Court injunction to stop President-election Barrow been sworn-in
Edward Gomez, the Attorney of Defiant outgoing President Yahya Jammeh and his APRC party on Thursday, filed at the Supreme Court, an interlocutory injunction to stop the swearing in of the country’s President-elect Adama Barrow.
This is another attempt by outgoing President Jammeh and his party to stay in power after been defeated in the December polls. Last Tuesday, the Supreme Court which was supposed to sit over his election results petition announced that it could not proceed with the matter because there is no judge to constitute the court that has not been functioning for the past 2 years.
In an eight page interlocutory injunction, Outgoing President Yahya Jammeh and his APRC Party are 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.
“An order of interlocutory injunction restraining 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 is seeking from the Court.
The Petitioner is further seeking 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.
“An order restraining 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 before this Honourable Court” the petition further stated.
Gambia: Opposition Spokesman Responds To Jammeh
Halifa Sallah, spokesman of the Gambia’s opposition coalition has again reminded President Yahya Jammeh that he has got no power under the 1997 Constitution of the Gambia to stop next week’s inauguration of Adama Barrow as the country’s third president.
Mr Jammeh’s mandate is due to expire on January 18th following his surprised defeat in last month’s election by former property developer, Adama Barrow.
The results are being challenge at the supreme court by Mr Jammeh after initially conceding defeat and praising the country’s electoral system as rigged proof.
Unfortunately for him, the court is unable to hold a hearing until May – as most of the judges come from neighbouring countries – and Mr Jammeh has said he is going nowhere until then.
But Halifa Sallah, spokesman of the opposition coalition said it is neither in line with law nor common sense for a loser to have the right to abrogate or suspend the right of the victor until an election petition is determined.
He said Mr Barrow was declared duly elected by the country’s electoral commission which is empowered by the constitution to hold elections and declare a winner.
“The office of President-elect Barrow has made it absolutely clear that the exercise of the right to file an election petition by the loser does not deprive the winner of the right to prepare for inauguration as president of the republic on 19 January 2017,” Mr Sallah said.
“The constitution states that the person declared elected as president shall take the prescribed oath and assume office on the day the term of office of the incumbent president expires. I think this is very clear. I think there is no possibility of distortion.
“The status of an election petition should be regarded as a peripheral issue and should, therefore, not hamper any preparation for the inauguration.”
Barrow’s office rectifies Jammeh over Constitution misquotations in Tuesday mid-night message
The Office of the President-elect Adama Barrow has put the records straights following incumbent Yahya Jammeh’s Tuesday’s late night national address in which he misquoted the constitution to suit him as he continues to insist on to power after been defeated in December Polls ending his 22 years in power.
In a statement issued on Thursday, the office of the incoming President said it deemed it important to put the record straight as the statement of President Yahya Jammeh has not distinguished technicality and fact and has not quoted what the Constitution says before drawing conclusions.
Below is the full statement;
STATEMENT FROM THE OFFICE OF PRESIDENT ELECT ADAMA BARROW ON THE 10th JANUARY STATEMENT OF THE INCUMBENT
The statement of the Outgoing President calling for dialogue is done at the right time. The Chief Justice had also added his voice to that of the National Assembly in calling for dialogue between stakeholders to settle differences before the expiration of the term of office of the incumbent.
It is, however, important to put the record straight. The statement of the incumbent has not distinguished technicality and fact and has not quoted what the Constitution says before drawing conclusions.
First and foremost, all polling and counting agents who were present at each polling station knew the results of the votes cast at each polling station and had the power to order the recounting of Ballot tokens before accepting any result from each of the polling stations. Parties had possibility of knowing the results before they were announced by the IEC. The fact is known to all the parties even if some have technical concerns.
The Office of President Elect Barrow, therefore, would like to convey to the general public, with sincerity and honesty, that he was declared a winner after the conduct of free and fair Presidential Election regardless of the technicalities that may have emerged in the declaration of the results.
The Courts could determine what led to the declaration of two results. However, it is evident that none of the results challenged the established fact that Adama Barrow won the 1st December 2016 Presidential Election.
The Second point that needs clarification is the following claim from the incumbent:
“As our Constitution provides, only the Supreme Court can review our challenge and only the Supreme Court can declare anyone President and so I ask each and everyone of us to respect the Supreme Law of the Republic and await the Supreme Court Review and Ruling on the Election Results.”
This statement is at variance with the letter and spirit of the Constitution. Section 43 (2) of the Constitution states without any ambiguity or uncertainty that:
“The commission shall announce the results of all elections and referendum for which it is responsible.”
This is why the IEC announced the results of the 1st December Presidential Elections and declared Adama Barrow the winner.
It goes without saying that Section 63 (2) of the Constitution unequivocally states that:
“The person declared elected as President shall take the prescribed oaths and assume office on the day the term of office of the incumbent President expires.”
It is therefore clear that the person who is declared Elected as President by the IEC should be sworn in when the term of office of the Outgoing President expires.
The term of Office is clearly stipulated in the Constitution.
“The term of Office of an Elected President shall, subjected to Subsections 3 and 6 be for a term of five years and the person Elected President shall before assuming office take the prescribed oaths’’.
Outgoing President Jammeh has a Five year mandate. He cannot exceed his mandate. He is not declared Elected and is not mandated to succeed himself. This is the simple and unalloyed truth.
The Gambia has gone through peaceful Elections as provided for by Section 46 of the constitution which states “There shall be an Election for the Office of President in the three months before the expiration of the term of the incumbent President”.
Election has taken place according to law. The winner has been declared according to law and Election petition is filed by the loser. The winner should prepare for inauguration while the loser prepares for Court. This is the fact that no Gambian should deny or put under the carpet.
Dialogue is necessary to reach mutual understanding on the peaceful way forward. The Office of the President Elect is now waiting for the initiatives of the Secretary General who is appointed Mediator General of the Government.
The decision to release those arrested in connection with political matters and the commitment not to effect new arrests are steps in the right direction.
It is hoped that this would be extended to all those in detention without trial prior to the Election period.
It is also hoped that all media houses that are closed down would be allowed to operate and cover the divergent views that would enrich the debate on the way forward.
The open arms extended to brother and sister Presidents from ECOWAS, the OIC, AU and the UN for their kind words and support to The Gambia will also facilitate mediation efforts from all sides.
The Office of President Elect Barrow is confident that if all adhere to the verdict of the Gambian people and put the National interest before personal or party interest peace will prevail in the Gambia at all times. The supreme interest of the people should be the guide of all our actions in order to maintain and consolidate national unity, peace and prosperity.
‘President-elect Barrow’s inauguration preparations in full gear’ – Committee chair
James Gomez, the Chairperson of the Inauguration Committee of Gambia’s President-elect Adama Barrow, has confirmed to The Fatu Network about the highest level of preparations for President-elect Barrow’s inauguration ceremony slated on the 19th January.
“President-elect has just signed the invitations letters to formally invite the foreign dignitaries. We are expecting all the ECOWAS Heads of States and South African President Jacob Zuma” said Gomez.
Gomez said already arrangement has been made with the management of the Independent Stadium for the inauguration and they are doing some renovations on the ground before the occasion. He said they are running against time.
Meanwhile, the country is going through difficult time as the preparation for the mediation between the parties is in good spirit.
Outgoing President Yahya Jammeh lost the elections of December 1st to opposition coalition leader Adama Barrow, ending his 22 years ruled. He initially conceded defeat, later made a U-turn declaring the results null and void and insisted he will not hand over power. He has since filed a petition to the country’s Supreme Court but last Tuesday, the Court ruled that it is totally impossible to rule on election results petition until May as there are no judges to constitute the court which has not been functioning for the past two years.
Since Mr Jammeh plunged the country into a political crisis, he has been under considerable external pressure, including ECOWAS, the African Union and the UN, to hand over power peacefully at the end of his term, which ends on 19 January, though he defiantly continue to denounce what he called an “unprecedented foreign interference” in the domestic in the internal affairs of the country.
Meanwhile, West African leaders has since started peaceful negotiations and visited the Gambia and met all parties in the crisis. Early this week, Nigerian President Muhammadou Buhari who is the chief negotiator to the crisis hosted a mediation meeting in Abuja where it was resolved that they will visit Banjul this Friday, January 13th in Banjul. The leaders are expected to tell Mr Jammeh that it is imperative for him to respect the constitution and the will of the Gambian people.