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Jammeh must immediately be arrested for breach of the peace and stability

By Lamin Keita

I am calling on all patriotic Gambian military officers to defect immediately so that your sons and daughters and mine can be proud of your legacy, sacrifice and bravery for the Gambia. Yahya Jammeh has murdered his close associates and has lied to Gambians for many years, till now.

 

We still have a few individuals who doggedly want him to remain in power against the will of the people of the Gambia. In contrast, this message goes to all bonafide Gambian Military officers or civilians. I am sure the Gambian military are clueless as to what direction they are undertaking, other than being loyal to Jammeh. I watched CDS Badjie, the Interior Minister Bah’ and the Vice-President Njie Saidy’s on GRTS giving speeches in a ceremony promoting military officers.

 

I washed my hands, and removed my [lost] trust, from all the mentioned upper echelons of Jammeh’s state sponsored rebels. What I was able to conjecture using my theoretical knowledge of political science is that Gambians must not depend on (or expect that), the Gambian Military will save them from their recent predicament. It is reasonable and compelling to state that Jammeh has exhausted all of the ‘bench-marks’ that has supported a warrant for his arrest since 1994, by the military; yet, none of this has occurred, up to this date. Additionally, Jammeh’s provocative speech of rejecting the election result justify his immediate arrest by any competent and intelligent military units globally, except [of course] the Gambia. The Gambian military knew Jammeh was fanning the flames and digging their own graves.

 

Moreover, in reviewing the CDS speech, what I have honestly deduced from what he spoke is that he was telling the military “to kill any coalition supporter who might demand Jammeh’s step down” in the name of maintaining the peace and security of the Gambia. Furthermore, the same words were spoken more specifically by the Interior Minister Bah, that the military officers must “suppress the Gambians and any external forces”, no matter what it cost.

 

However, I believe that all of the so-called ‘promoted officers’ knew that their promotions were not sincerely legit, and they would do much better if the Gambia were under the umbrella of democracy, than living under the climate of Jammeh’s oppressive rule. They may be promoted today, but they’ll be persecuted at a future date by the same despot, Jammeh. The military should also know that, they are not an enemy to the people of the Gambia, and should not be fooled by the “carrot-and-stick” approach, which Jammeh is using to tantalize them. He will decorate them with the highest, flashiest honors he can command, but I can assure you, he is going to kill all of you.

 

I will bluntly issue this statement for CDS Badjie and security forces that had earlier announced that they ratify and sanction Barrow with the Coalition, as the winners of the December 1st election—to know that they can tell lies all along, but they cannot fool the Gambians all of the times. We are aware of the lies you peddle; especially, on December 3rd to 5th, when you attempted to clandestinely remove weapons from Kanilie and Batto Kunku to deliver them to Yundum, Bakau, as well as, within the greater Banjul area with the flimsy excuse that you were de-escalating Jammeh’s power. Nor are we unaware of your false excuse that you did not want the Casamance rebel to get hands on Jammeh’s weapons. It is time to expose these people, who pose as champions for the cause of the people, and compel them to tell the truth.

 

Can CDS Badjie tell Gambians and the world, who Borra Colley, transported in a black-tinted Mini-van from Kanilai to Banjul on Monday, December, 5 2016? Gambians deserve to know who and what was in that van. Can CDS Badjie attest to the Holy Quran, he frequently cited in his rambling speech, if he did not order the arrest of Batch Jaw (a soldier) and the other soldiers a day before the election. Jaw and other soldiers were turned in by one Ebrima Colley from Banyaka (a soldier nick name Banyaka), after they openly state that they will never vote for Jammeh. They were subsequently arrested, and are still in detention at NIA. More importantly, If Badjie really support the will of the Gambians why wouldn’t he request the release of these soldiers?

 

Overall, let us not allow ourselves to be fooled twice by the few non-intelligent military officers. I have declared it, and I have evidence that since in Jammeh’s concessional speech, there was a conditional clause because he asked his military henchmen to defuse the tension by force, but because of the number of youth populating in the streets of Serrekunda and Banjul, the military’s refuse to execute his actions because of bloodbath. Jammeh’s next move was to cause civil disobedience (particularly, from the court appearance of the UDP leaders).

 

Jammeh’s plot was if UDP members forcibly demanded Darboe and other political prisoners released in court, then the military was going to be called in, following a massive demonstration by his APRC supporters—with a military coup ensuing. By the grace of Allah, all these sinister activities of Jammeh have failed and were exposed before implementation.  I am sure by now, you have now connected the dots that Jammeh was left with no choice other than declaring that the election was rigged, and he now calls for a fresh election. Jammeh was also hunted by his banning of post demonstration because his last resort was to call his supporters to demonstrate and denounce the December 1st, 2016, election as having been rigged. Ultimately, in the coming days we will see if Jammeh will flagrantly violate this or not.

 

In short, whoever is supporting the illegitimate return of Jammeh, whether you are in the Gambia, or in the diaspora, you are digging your own graves. Certainly, your name will be provided to the ICC for being part and parcel of the persecution squad of Jammeh. For the Gambian military, especially to the CDS Badjie, Bora Colley, Interior Minister Bah, Sule Badjie, Yankuba Badjie, and finally, my landed primary school classmate, Umper Mende, a word to the wise is quite sufficient. It would be wise for you to defend the course and the will of “we, the people,” than defending a criminal. “We, the people” will understand your efforts and sacrifice for defending the truth and interest of the Gambians now, than when Jammeh is forced to relinquish power, which is the ultimate and the inevitable end, we are approaching.

 

All the signs are indelibly written on the wall that Jammeh is just waiting—buying time—so before it’s too late, I appeal in the name of whatever god you worship, quickly make this astute move to save yourselves. Furthermore, the Gambians and the coalition members should be extremely careful what CDS Badjie tells them. If he and the security forces are truly supporting Barrow, Badjie would not have arrested the soldiers on Wednesday (the day before the election), for simply saying they were not going to vote for Jammeh. Why would CDS Badjie be playing double standards, while fully knowing that he will be the first one to be eliminated, if Jammeh returns to power.

 

This word also goes out to the coalition: keep up the momentum, and always give hope to your supporters through the social media. Information is power, and this is what Jammeh has fed on for 22 years, and is still exploring the same strategies. The faster you put your word out, the more consolidated you become—there is no cause to fear or succumb to Jammeh’s tirade. Because slowing down the momentum will render the supporters’ weak and will consolidate the dictator Jammeh’s unholy course. History has taught us that dictators can’t withstand pressure, and this pressure must never fade out or become a passive mover. Fire up! Fire up! One Gambia, one people, and the Truth shall set us free. No amount of insurmountable force will thwart this noble journey we have just begun, and it is important for our military, which does not have a sense of direction at this moment, to devote their support to the will of the Gambian people. They will become more honorable and patriotic under the new Gambia, rather than becoming a rebel in their own land.

The UN Security Council warning on Jammeh to hand over Power as pressure mounts

by Gibril Saine in London

 

The 15-member United Nations Security Council has unanimously delivered a stern statement warning Yahya Jammeh to step down, and respect the will of sovereign Gambian citizens. After accepting the elections results barely a week ago, Jammeh stunned the world by performing a miraculous U-turn declaring intend to contest the results. The whole world is shaking in disbelief by his erratic behaviour as tourists began vacating the country amidst the uncertainty.

Plain and simple – Jammeh’s term of office has expired. And as an illegal occupant of the State House in Banjul, I refuse to affix the Presidential tag to your person; hence APRC’s rule is OBSOLETE. According to the constitution and legal niceties as enshrined in the 1970 blueprint, the head of state shall reside at number 1 Marina Parade (State House) at the expense of the Gambian tax payer, until that time his/her term of office expires thereby vacating the premises. Presidents come and go, and are mere tenants in the people’s house. Yahya Jammeh must be reminded that the Gambian people have spoken with their votes, who elected president Barrow to lead them into the future.

Fellow Gambians – the constitutional mandate of the APRC government has expired. Both Gambian law and its international guise governing the rule of law and decency will never recognise that illegitimate regime ever again. The opposition-coalition’s victory is assured. President-elect Barrow holds the mandate of the people, and that is that.

Barely a week ago, the whole world watched as Yahya Jammeh praised the country’s electoral system as “rig proof”, and the “best in the world”. Then all of a sudden, he is at it again, only this time a 360 degrees U-turn. An irrational dictator untrustworthy as that. He is a calculating bandit sustained by divide-and-rule tactics.

Jammeh Kanilai – The game is over, for, TRUTH has arrived in the Gambia, and falsehood must PERISH. After 22years of tyranny, the Gambian people stand united on the right path of history. Be warned – and learn from history. Look at the fate of repressive regimes and of dictators-past?

As captured by global reactions to the election of President Barrow, foreign direct investment, and tourism numbers were taking shape. Opinion across Europe and elsewhere is that the world feels safer with a “Barrow government”. The Gambian Diaspora has long despised Jammeh. From Copenhagen, London, to New York, Diaspora Gambians contribute some 20-percent in annual GDP. An enlightenment sub-group with a worldwide presence – to President Barrow, our unconditional support.

The rogue APRC machine fed on a diet of nepotism and cronyism for far too long knew the game is up. However, pushed on by such cronies as Yankuba Kolley and Sam “Lobster” Sarr, Jammeh has decided to contest the results against advice.

A criminal president who threw parties for Imams and the youth-folk while the rest of the country burns. Fool me once, shame on you – Gambians are united against Jammeh. The editor of this medium often relates the “Wolof” proverb that “a monkey will always find a way to climb”. Well, old ways are hard to die – as blasted by social media posts by the esteem readership.

The Gambian people will never accept revisionism. To the government of Senegal, the Gambian people are in dire strait. Our president-elect must be protected against Jammeh’s hateful vices. The Diaspora appreciate the Senegalese people too keeping the democratic rope tight in solidarity with ordinary citizens.

The wind of democratic change sweeping across the region is unstoppable. Jammeh must be reminded that no leader can govern against the will of the people. And all those with sense have come to terms with this. Again, the Gambian people have spoken clearly. The verdict is final. Legitimacy cannot be bought, nor imposed. The sooner Jammeh realise this and start packing, or continue to sign a suicide pact with the devil.

To Gambians everywhere – The election result is SACROSANCT. Adama Barrow is our president – and we will defend this victory and the restoration of our shining democracy. As cold winter season blew across London, and the mountains of Scandinavia, Diaspora Gambians are energized intensifying both covert and overt tactics – seeing to it that Yahya Jammeh and his APRC deposed by any means necessary.

Building the new Gambia: Let us remain focused and steadfast

By Madi Jobarteh

 

Never before have we been challenged to prove our patriotism and independence than on the 9 December 2016 when Outgoing Pres. Yahya Jammeh faced our nation to put it into our faces that our voice, our power and our will as the sovereign owners of the Gambia expressed on December 1 is null and void because he likes it that way. Never before has one citizen blatantly trampled upon and soiled our dignity and threatened our lives than Outgoing Pres.

 

Yahya Jammeh’s December 9 infamous statement. Never before have we been disrespected and raped by none other than a man who, our people have elected four consecutive times yet he never disputed those elections despite all the electoral and constitutional malpractices he perpetuated in each and every election until December 1. The unconstitutional and unpatriotic statement by Yahya Jammeh on December 9 represents the height of ridicule and calumny and it is clearly an act of treason because it violates the supreme law of the land, which he has sworn to defend. Indeed his December 9 statement is the Statement of Infamy never seen before in the history of presidential statements.

 

The time to prove our patriotism and defend our sovereignty and protect our lives and uphold our dignity is today. No Gambian who deserves to be called a Patriotic and Decent Daughter and Son of the Gambia must be left wanting, undecided, unclear, hesitant and confused. All Gambians must stand together to prove to Yahya Jammeh that we the people are the owners of the power and the office he holds. We the people decide who becomes the President of the Republic of the Gambia. We the people have decided on December 1 that Mr. Adama Barrow a bonafide Gambian son of the land to be our president from December 1. We the people demand that Outgoing Pres. Yahya Jammeh who we have rejected outright to prepare to vacate his office by the end of the 60 days from December 1.

 

Gambians let us be clear. Yahya Jammeh has lost the election fair and square. We expect decency, honesty and patriotism on his part to prove that he is a better Gambian. But he has failed to show that as always but has demonstrated that he is indeed the least Gambian as always. He has betrayed the honour and trust that our people have given him since 1996, rather he pays us back with dishonor and disrespect. Let us remind Yahya Jammeh that any leader, who loves power more than he loves his people, is a leader who is ready to destroy his people in order to keep his power. Let us remind Yahya Jammeh if he fails to leave the Office of the President in honour, he will be forced to leave power with dishonour.

 

I want to tell President-elect Adama Barrow and the opposition leadership to remain calm, steadfast and firm. Communicate with your people and ask them to stand firm and defend their election and sovereignty. Engage with the international community to stand with the Gambia against tyranny. Prepare your Cabinet to take office at the end of the 60 days. Completely and totally condemn Yahya Jammeh’s December 9 Statement of Infamy as unconstitutional and unbecoming of a leader.

 

Remind Yahya Jammeh, how could he swallow back his own words when he had said that the election was the will of the people and conceded defeat and called to congratulate you on December 2 and promised to work with you for a smooth transition. Has Yahya Jammeh forgotten these words that he uttered before the nation on December 2? Remind Yahya Jammeh that he has always boasted that the Gambia elections are rig-proof, fraud-proof and the best in the world. What has changed this one, Mr. Jammeh?

 

Let our people stand firm and resolved that in 60 days Adama Barrow will be the President of the Republic of the Gambia. Let us remain nonviolent but resolute and condemn the unconstitutional statement by Yahya Jammeh. Let us disregard his Statement of Infamy and refuse any changes from the transition course on which we are.

 

After all, let us not be surprised at all by this move by Yahya Jammeh but to expect it in fact. This is because nowhere in history has a dictator ever left power peacefully and willingly. It has never happened and it will never happen. The life of a dictator is intertwined with power. Without power there is no dictator, because a dictator lives and dies with power. From Hitler to Saddam Hussein to Samuel Doe to Gadhafi are among many more examples in the world. Dictators leave power only if they are killed, chased out or captured. We the Gambians are the first to kick out a dictator through peaceful elections yet the dictator is refusing to accept the will of the people because he loves power more than he loves the Gambia and Gambians. This is treason. Let us not allow Yahya Jammeh to destroy our lives.

 

Gambians, stand together. Stand firm and resolute. Remain unified against dictatorship.

Outgoing President Yahya Jammeh’s rejection of December 1st election results is illegal

PRESS RELEASE: COALITION DIASPORA CONSULTATIVE COUNCIL

 

The Coalition Diaspora Consultative Council (CDCC) notes with utter astonishment and deep concern that the Outgoing President Yahya Jammeh on December 9th, 2016 has rejected the results of the Presidential Election held on December 1st. In a televised address to the nation, the outgoing president said the election was flawed, that the IEC was compromised and that there must be new elections.

 

The CDCC wishes to inform all Gambians to maintain calm but remain steadfast and resolved in upholding the results of December 1st election as the undiluted choice of the people of the Gambia. All Gambians must continue to cherish and defend the sanctity of the election and welcome President-Elect Mr. Adama Barrow as the President-elect of the Republic of the Gambia. The CDCC therefore wishes to remind the people that this election was completely validated by each and every candidate in the vote whose representatives were present and endorsed the results in each and every counting centre before the Chairman of the IEC announced the results.

 

On December 2nd when all the results were announced, the Chairman Alieu Momarr Njai declared President-Elect Mr. Adama Barrow as the new president of the country according to the votes counted. Following his declaration, the Outgoing President Yahya Jammeh conceded defeat and then called to congratulate President-Elect Mr. Adama Barrow. Jammeh applauded the election as the will of the people and promised to work with Barrow to ensure a smooth transition. Gambians therefore do not expect anything anymore from Outgoing President Yahya Jammeh other than to fulfill his legal and political obligations as the outgoing head of state to ensure a smooth and peaceful transfer of power as per Section 63 subsection 2 of the 1997 Constitution.

 

The CDCC wishes to further note that the right to petition the election result has been guaranteed in Section 98 of the Elections Act. However Outgoing Pres. Yahya Jammeh did not follow the procedures laid out in the Act. By our laws, no candidate has the right to publicly reject elections result and then call for a new vote. Outgoing Pres. Jammeh has no authority or mandate for the decision he made in his announcement. If any candidate wishes to contest the vote, there are specified procedures in the laws and institutions of the country to follow and not through a television announcement.

 

In light of the foregoing, the CDCC wishes to call on Outgoing Pres. Yahya Jammeh to therefore withdraw his statement of rejection of the election result because it is unconstitutional and a violation of the Elections Act. More seriously, his statement is in bad faith as it reflects his reneging on his own acceptance of the results and concession of defeat and congratulating the new president. Hence his statement grossly undermines the reputation of the Office of the President and threatens national security. As the outgoing President, he bears legal obligation under Section 61 subsection 2 to defend the Constitution of the Gambia. Section 17 further enjoins the Outgoing President to protect the fundamental rights and freedoms of Gambians, which includes respecting the will of Gambians as expressed in transparent, free and genuine elections.

 

The CDCC wishes to call on President-Elect Mr. Adama Barrow and the Coalition leaders as well as GDC leader Mamma Kandeh to remain steadfast and true to their commitment to a free, peaceful and united Gambia in line with the constitution. This is the time when they need to bond together to protect the undiluted will of the people of the Gambia as expressed in this election.

 

To the people of The Gambia, we wish to remind you that you owe no allegiance to anyone except your nation. The safety and stability of The Gambia must be your paramount interest. You have spoken loud and clear and your will must be respected by all. Do not accept any individual to overthrow your will and subvert your sovereignty. You are the source and owner of power in the Gambia and both the state and the political parties and their candidates derive their legitimacy from you the people and they function to serve you. Hence we call on all Gambians to squarely reject outgoing Pres. Yahya Jammeh’s attempt to subvert the undiluted will of the people. Outgoing Pres. Jammeh must be told that he cannot and Gambians will not allow him to impose himself on our nation for his own selfish interests.

 

For assistance or information, please contact:

Dr. Malanding Jaiteh

[email protected]

The Coalition Diaspora Consultative Council (CDCC)

Advice to CDS Badgie, IGP Sonko

By Dida Halake

 

A mere five days ago, on the 5th of December 2016, you were both on the front-page of the Daily Observer newspaper pledging your loyalty to the President-Elect of the Republic of The Gambia.

 

Today, I hear that the Inspector General of Police Mr. Sonko’s forces and the Chief of Defence Staff General Badgie’s forces are out in force in the streets of Banjul and elsewhere in The Gambia facing Gambian citizens who might object to out-going President Jammeh’s rejection of the 1st December Election results.

 

I don’t know CDS Badgie but I hear that he is a law-abiding, educated and well-trained professional. I know IGP Sonko well and I know that he is a law-abiding, exceptionally well-educated and well-trained individual (and I will never forgotten his personal kindness to me when I was detained by President Jammeh and handed over to the care of then-CMC Sonko for 14 days).

 

My Advice:-

Your pledge of loyalty to the President-Elect is the only thing that gives any of your actions the protection of legality in the light of the incumbent’s unlawful “annulment” of the elections. The incumbent has no power to annul the elections. A statement to that effect is indeed “null and void”. The incumbent has thus put himself outside the Constitution, which makes him an “outlaw”.

 

Please note that if any Gambian dies while you are following the outgoing-President’s orders – and ignoring the President-Elect to whom you pledged your loyalty – you will be held personally liable for any such deaths. Please keep the peace in the Peaceful Gambia that we all love – and protect the people of The Gambia while taking your orders from the lawfully elected President-Elect.

 

If you are under duress to execute unlawful orders, I suggest you resign and leave the country until the President-Elect and the International Community find a solution to the “Annulment Crisis”.

The author lives in Notting Hill, London, UK

Jammeh’s Election “Annulment” & UNSC

By Dida Halake

 

This was not unexpected and commentators had suggested that is exactly what would happen. Jammeh had declared that he would “rule for a billion years” and mere poverty stricken voters would not dethrone him.

 

The so-called “annulment” is not just unlawful, but it is also treason because Jammeh has sworn to defend the Constitution of The Gambia. According to that Constitution, the election can only be annulled by the Gambia Supreme Court on the presentation of a petition by the election loser. At this instance then Jammeh stands as a “rebel” against the Constitution of The Republic of The Gambia – and against the lawful President-Elect of The Republic of The Gambia, Adama Barrow.

 

From that legitimacy perspective, Senegal’s hurried petition to the United Nations Security Council (UNSC) becomes the single significant response to the “annulment”: it is possible that the UNSC will pass a unanimous resolution demanding that “the electoral wishes of the Gambian people in electing Adama Barrow as President be respected”. The resolution will not be vetoed because for once USA, UK, France, Russia and China all agree on this: that Adama Barrow is the President-Elect of The Gambia. The West dislikes Jammeh whereas China and Russia value Senegal as a partner more than they value Jammeh’s Gambia.

 

Senegal clearly intends to act if Adama Barrow is unable to assume his legitimate Presidency in January 2017. If Senegal decides that it has to act, then it would be doing so with the legitimate aim of installing the President-Elect of the Gambia with the backing of the United Nations Security Council … and the military support of the Western Countries and the Economic Community of West African States (ECOWAS). When that becomes clear to Jammeh, will he still insist on “annulling the election” and clinging onto power? Will the Gambia’s Armed Forces back Jammeh in futile rebellion against the Gambian Constitution, the Gambian Electorate and the might of the International Community (the “International Community” will for once be unanimous and will, for once, be standing on solid legal and moral grounds).

 

The hope (maybe futile) is that Jammeh will see sense and allow the President-Elect’s Inauguration to take place. It is possible that the so-called “annulment” is a bluff being used as a negotiating tactic to obtain immunity from prosecution for Jammeh and his team once the transition takes place.

 

If the “annulment” is indeed a bluff, then it might back-fire badly and guarantee the very thing that Jammeh and his team feared once they lose power – arrest and prosecution.

 

Additionally, a United Nations Security Council vote against Jammeh will ensure that none of the countries where he has his assets, such as Morocco, Mauritania, Qatar and others will offer him sanctuary. Not only that, but a UN vote may also lead to a Global assets freeze.

 

Much more dangerously for Jammeh and indeed The Gambia, is the fact that the Senegalese, emboldened by a UNSC vote, legitimacy and Western military support, may decide to invade The Gambia to remove Jammeh … in which case Jammeh has to be able to rely on his military 100% – hence this week’s 300-man promotions for soldiers. But even that might not guarantee army loyalty when faced with a suicidal mission against the might of the Senegalese Armed Forces with Western military support (remember the French have a well armed contingent there).

 

The best outcome of this “Annulment Crisis” would be if Jammeh changes his mind as suddenly as he has changed it in the last 7-days. He started off by conceding the election and congratulating the winner. Now he has taken that back and rejects the election results – after the whole world too has congratulated the winner! It is possible that once the United Nations Security Council considers the matter Jammeh will reflect on his position and allow the President-Elect to assume office. That would be the best outcome for Gambians and the world. Let’s pray.

UN Security Council condemns Yahya Jammeh; urges no delay in power transfer

By Alhagie Jobe

 

The United Nations Security Council has condemned Gambia’s President Yahya Jammeh’s rejection of election results announced last week and called on him to respect the choice of the sovereign People of The Gambia and to transfer, without condition and undue delay, power to the President-elect Adama Barrow.

 

The Gambia went to the polls on December 1st in which incumbent Yahya Jammeh was defeated by opposition coalition leader Adama Barrow.

 

In a surprising U-turn, Jammeh resurfaces on state TV saying he no longer accepts defeat, reversing course a week after he already conceded to his rival Adama Barrow.

 

The UN Security Council on Saturday urged all parties to refrain from violence and particularly urged Mr Jammeh to respect the choice of the sovereign people of The Gambia.

 

“Security Council members called on him to respect the choice of the sovereign People of The Gambia, as he did on 2 December 2016, and to transfer, without condition and undue delay, power to the President-elect, Mr. Adama Barrow,” the UN Security Council said in a statement.

 

It could be recalled that last week after the results where announced, Mr Jammeh was filmed on state television calling opposition candidate Adama Barrow to concede defeat and wished him the best.

 

But in a surprising move late Friday, Mr Jammeh appeared on national television and said he is no more accepting the totality of the results and calls for fresh elections.

 

“After i accepted the results without any query, the IEC called all parties at the headquarters and told them that there was error. That is not acceptable. Let me repeat: I will not accept the results based on what has happened” he said.

 

He said that investigations since the Dec. 1 vote have revealed a number of voting irregularities that he called unacceptable. He said some figures in the results had been transposed and that voter turnout had been suppressed.

 

“Our investigations reveal that in some cases voters were told that the opposition has already won and that there was no need for them to vote and, out of anger, some of them returned home. I hereby reject the results in totality,” he ended.

AU says Yahya Jammeh’s rejection of poll results ‘null and void’

By Alhagie Jobe

 

The African Union Commission on Saturday called a statement by Gambia’s President Yahya Jammeh rejecting his loss in December 1st polls “null and void” since he had already conceded defeat.

 

The Chairperson of the Commission Nkosazana Dlamini-Zuma strongly urged President Yahya Jammeh to facilitate a speedy, peaceful and orderly transition and transfer of power to the new authorities and also called on Gambia’s security forces to remain neutral.

 

In a Press statement issued on Saturday following the U-turn by defeated Gambian President Yahya Jammeh rejecting the last week election results, the Chairperson of the Commission said the statement made on 9th December, 2016, by outgoing President Yahya Jammeh who had already publicly and gracefully recongnised that the victory of President-elect Barrow is the true expression of the will of the Gambian people, is null and void.

 

“The Chairperson of the Commission strongly urges President Yahya Jammeh to facilitate a peaceful and orderly transition and transfer of power to the new President of The Gambia, as decided by the people of the country. In the current context, she calls on the Gambian defense and security forces to remain strictly neutral” the statement noted.

 

The AU boss recalled the press statement of the 642nd meeting of the Peace and Security Council held on 6th December 2016, which congratulated President Yahya Jammeh for the peaceful conduct and excellent conditions for the holding of the presidential election, as well as for his well-appreciated acceptance of the outcome of the election, by recognizing the victory of the candidate Adama Barrow.

 

The Chairperson of the Commission further reaffirmed the imperative need for the concerned Gambian stakeholders to strictly comply with the rule of law and the respect of the will of the people as clearly expressed during the 1st December presidential elections that have been labelled free, fair and transparent, recalling the relevant provision of Article 23 (4) of the AU Charter on Democracy, Elections and Governance.

 

The AU boss reiterated the body’s readiness to work closely, as usual, with regional and international stakeholders, in particular the Economic Community of West African States (ECOWAS) and the United Nations, in assisting the Gambian stakeholders to find the best way towards a speedy and peaceful transition and transfer of power.

 

“The Chairperson of the Commission, recalling the relevant AU instruments, notably the African Charter on Democracy, Elections and Governance, will seize urgently the Peace and Security Council (PSC) on this matter, inorder to enable the organ to take the appropriate decisions with regards to the situation in The Gambia” the Chairperson’s statement ended.

Yahya Jammeh refuses entry of ECOWAS head amid election dispute

By Alhagie Jobe

 

Yahya Jammeh’s government has refused entry and landing of the flight of the chair of sub-regional body ECOWAS and President of Liberia, Ellen Sirleaf Johnson amid the ongoing election dispute.

 

Senegal’s Foreign Minister Mankeu Ndiaye made the disclusre said on Saturday, dampening hopes for a political solution after President Yahya Jammeh rejected the results of elections that he lost on Dec. 1.

 

The Economic Community of West African States (ECOWAS) chair Ellen Johnson Sirleaf had hoped to put back on track Gambia’s first democratic transition of power in over 50 years, but those plans appeared thwarted on Saturday when her plane was denied landing access at Banjul.

 

“Johnson Sirleaf was supposed to fly in today, but Jammeh said ‘not at the moment,'” Senegal FM Mankeur Ndiaye said. It was not clear if the plane had already taken off.

 

Jammeh on Friday called for another election in the country after narrowly losing to opposition leader Adama Barrow. He had already conceded defeat publicly last week.

 

The announcement on state television, GRTS TV, threw Gambia’s future into doubt after the unexpected election result ended Jammeh’s 22-year rule and was widely seen as a moment of democratic hope.

 

The streets of Banjul are calm on Saturday, although some residents said they were staying at home for fear of violence.

 

As Gambians brace for a tense standoff, international criticism of Jammeh’s claim came in fast. Following the United States and Senegal, the African Union on Saturday weighed in, calling Jammeh’s statement “null and void”.

UTG’s Pact of Inluential Lecturers express disgust over blatant subversion of the popular will by Yahya Jammeh

By Dr. Ismaila Ceesay

 

Dante Alighieri once claimed that ‘the hottest places in hell are reserved for those who in a period of moral crisis maintain their neutrality’. It is against this spirit that, a group of influential staff and faculty of The University of the Gambia on whose behalf I write as spokesperson, have made a pact to take sides during this political crisis of our great nation.

 

To express our disgust with the blatant subversion of the popular will by Yahya Jammeh and to show support and solidarity with the Gambian People, we have decided to boycott all examinations and teaching activities at the University of the Gambia until the voice of the Gambian people are respected and Yahya Jammeh peacefully hands over office to president-elect Adama Barrow.

 

We give to, and expect from, all other staff who are not part of this pact the opportunity to demonstrate their patriotism, love of peace and moral decency to join this noble cause. Therefore, a line has been drawn on the sand. It is either you are with the people of the Republic of the Gambia or you are with Yahya Jammeh and his illegitimate and criminal government.

 

We strongly urge the Senior Management of the University to desist from undermining this pact. We send a strong warning to all lecturers, non-Gambian staff in particular, to immediately discontinue all university related activities or face serious consequences when the dust settles and power is given back to the people. We will have people on the ground to monitor the situation.

 

President Roosevelt of the United States once said that: “Let us never forget that government is ourselves and not an alien power over us. The ultimate rulers of our democracy are not a President and senators and congressmen and government officials, but the voters of this country.”

The author is the Spokesperson of The Pact of Influential Lecturers

President-elect Barrow: ‘I am the legitimate President; Yahya Jammeh has no authority’

Adama Barrow, the President-elect of The Gambia has affirmed his position as the only legitimate elected President of The Gambia saying outgoing President Yahya Jammeh has no authority.

 

Barrow made the declaration before waiting journalists on Saturday in responds to the Friday declaration by Yahya Jammeh rejecting the last week’s election results which he already conceded defeat.

 

After a meeting of the coalition members, President-elect Barrow rubbish Jammeh’s actions saying there will be no elections and the transfer transfer of power shall be effective in January according to the Constitution.

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“We urged outgoing President Yahya Jammeh to respect the clear verdict of the people, and urged to toe the path of honour and dignity. His declaration is deemed as one of a defeated candidate and with no legal effect or political validity. The will of the voters will not be subverted” Barrow told waiting Journalists.
He also reminded outgoing President Jammeh that he has no legal powers and authority to annul elections, and should not escalate tension in the country. . The outgoing president has no constitutional authority to reject the results and call for fresh election. The IEC is the only authority to make that decision” he said

 

He spoke about the congratulatory messages received earlier including the telephone conversation with the outgoing president Yahya Jammeh conceded defeat and called him to ensure a smooth transfer of power.

 

“I’m the president-elect. Yahya Jammeh should handover power to me in January. Leaders will come and go. Let us all act in the supreme interest of The Gambia. I call on him to change his stand for the peace and prosperity of our country,” he said.

 

Meanwhile, President-elect Barrow who called on the international community to take action urged supporters to celebrate the election victory in maturity and peaceful manner. He also urged Gambians to go about their daily business without fear.

Yahya Jammeh reverses course, refuses election results a week after conceding

By Alhagie Jobe

 

Gambia’s longtime ruler of more than 22 years announced late Friday that he no longer accepts defeat in the country’s presidential election, reversing course a week after he already conceded to his rival Adama Barrow.

 

In a speech on state television GRTS TV, Jammeh said that investigations since the Dec. 1 vote have revealed a number of voting irregularities that he called unacceptable.

He said some figures in the results had been transposed and that voter turnout had been suppressed.

 

“After i accepted the results without any query, the IEC called all parties at the headquarters and told them that there was error. That is not acceptable,” he said.

 

He added: “Our investigations reveal that in some cases voters were told that the opposition has already won and that there was no need for them to vote and, out of anger, some of them returned home. I hereby reject the results in totality,” he said in his address that aired late Friday.

 

“Let me repeat: I will not accept the results based on what has happened.”

 

Only one week ago, a jovial Jammeh was filmed on state television calling opposition candidate Adama Barrow to wish him the best.

 

“You are the elected president of The Gambia, and I wish you all the best,” Jammeh told Barrow at the time. “I have no ill will.”

 

The dramatic about-face was certain to spark outrage among the opposition and the tens of thousands of Gambians living in exile abroad. Already in the week since Jammeh had been defeated, several dozen political prisoners had been released on bail.

 

Under Jammeh’s rule, the country surrounded almost entirely by Senegal has become notorious for its abysmal human rights record as well as the president’s erratic behavior.

 

The Jammeh regime has long been accused of imprisoning, torturing and killing its opponents, according to human rights groups.

 

He also has increasingly isolated Gambia, whose economy has long been dependent on tourism. In 2013 he exited the Commonwealth, a group made up mostly of former British colonies, branding it a “neo-colonial institution.” And in October, Jammeh said Gambia would leave the International Criminal Court, which he dismissed as the ‘International Caucasian Court.'”

Barrow: ‘I will not preside over a country where arrests would take place without due process or detention without trial’

By Alhagie Jobe

 

Gambia’s President-elect Adama Barrow has renewed commitment to his election pledges that he will never preside over a country where arrests would take place without due process, detention affected without trial and non-violent dissent met imprisonment.

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President-elect Adama Barrow’s declaration is contained in a statement issued Friday, a week after been elected to succeed Yahya Jammeh who had ruled with iron-fist for the past 22 years.

 

He said neither speech nor non-violent civil disobedience would lead to the imprisonment of any Gambian citizen under the administration of the Coalition. He said all laws that criminalize speech or non-violent civil dissent will be repealed.

 

He said he have requested the out- going President Yahya Jammeh to exercise his powers and that of the Attorney General to ensure the release of such categories of prisoners or detainees as he have mentioned as a good will gesture.

 

“I would not want to assume political office and start a clean- up exercise to remedy existing human rights violations which could be remedied by the out-going President” he said.

 

President-elect Adama Barrow renewed his election commitment to respect the rule of law, especially the supremacy of the constitution before, during and after assuming state power.

 

“Democracy will be enlarged and consolidated; respect for human rights shall be the cornerstone of the system of justice of the country. Good governance shall be enhanced by Constitutional, legal and institutional reforms that would safeguard the delivery of services to address the needs and aspirations of the people” he said.

 

He further promised to respect the independence of the Judiciary and the oversight functions of the National Assembly.

 

“Justice and competence in the service of the nation shall be the clarion call of my administration which all public servants will be obliges to pay heed to. I call on all of you to assist this administration to make Gambia a country that belongs to all her citizens; a country that would guarantee freedom and prosperity to all” he asserted.

 

Regarding some delays in making statements to keep the public informed, Barrow allayed fears and assured Gambians that progress is being made to facilitate a smooth transfer of power. He called on people to understand that to do what has never been done before requires careful planning and measuring of steps before taking them.

 

“This is precisely the way this administration intends to do business. We will consult and build consensus before issuing statements. It is important to assert that this administration intends to give Gambia a new start” he concluded.

Road Map for Justice and Reconciliation in the Gambia after 22 years

By Lamin Gagigo

 

Friday the 2nd of December 2016, was a remarkable day in the history of The Gambia, it was a day of joy and happiness for all patriotic Gambians both at home and those in the diaspora. This day shows us that as Gambians we are one family, one country that was built on shared values, mutual respect for one another and common interest for a peaceful, prosperous and free and democratic Gambia for all. For the past two decades minority of people have been inciting hatred and tribal difference among us but we stood shoulder to shoulder with each on this historical day despite our religious beliefs and tribes and show the entire world that Gambians are a tolerant and diverse people who cannot be divided .

 

All Gambians leading to the campaign and the election process anticipated the fear of violence, intimidation of political opponents and obsessive use of force by the security services and agents of the state, to prevent people from exercising their basic fundamental rights. This was to stop people supporting the political party of their choice and vote for whoever they want to other than the incumbent, but thanks to Allah the Almighty everything went well and smoothly.

 

Therefore, we must show our sincere appreciation and gratitude to the Chairman of the Independent Electoral Commission (IEC) Alieu Momar Njie for his refusal to rig the votes. To our patriotic military services men and women, police officers and paramilitary officers who defended us and stood firm against the directives of the tyrannical Jammeh to use deadly force against innocence civilians and political opponents at any course. These services men and women including the IEC Chairman understood that the democratic will of the Gambian people demand for change and better life had to be respected and honoured.

 

Our struggle for change for a better future, for democracy, justice, and freedom for all, wouldn’t have been achieved today without the immense sacrifices endured by people like Lawyer Ousainou Darboe of United Democratic Party (UDP) and hundreds of opposition’s figures, services men and women in exiled and those incarcerated in prisons across the country and those who have sadly lost their lives in the hands of the oppressive regime of President Jammeh and his government. All Gambians owe their freedom to these people and we should always have them in our thoughts and prayers. Besides, it is our duty now to ensure that these people are free from incarceration the very day the people’s government takes over power from the incumbent.

 

Moreover, this victorious day was also down to the sacrifices made by the future young people of our beloved country, who perish at sea sacrificing their lives making horrendous journey to the shores of Europe and those who make it are often treated as ‘slaves’, ‘poor wretches’, or subhuman beings, all in search of greener pasture to better their lives and that of their families and loved ones. In addition, study found that most of these young people are medium skilled-secondary education 9-12 years of schooling (Cf.OECD, 2006). Sadly, these young people died needlessly because they felt alienated by Jammeh’s dictatorship government off 22 years that failed to address the extreme poverty, desolate economic conditions and unemployment and political persecution. Furthermore, the wider desolate economic conditions of the Gambia and the wider continent of West African in particular and Africa in general was the failure of Jammeh’s dictatorship government not coming together with other leaders to fight against industrialised Western countries selfish external trade policy with the World Trade Organisation (WTO).

 

We must also not forget to recognise the contributions of all the Gambians Online Radios and media organizations in the diaspora, who spearheaded our struggle for liberation from the tyrannical dictator and also worked tirelessly day in day out to give voice to the voiceless Gambian people both at home and abroad.

 

Now moving on to address the way forward achieving justice for the victims and their families in order to bring about reconciliation.

 

Gambian people have lived under the umbrella of fear, oppression, and had their freedom of speech, expression heavily restricted for two decades, therefore, it is vital that the security and safety of the people are addressed first because without which victims and their perpetrators cannot engage in any meaningful discussion and that may hamper reconciliation.

 

The Government of Yahya Jammeh and some of his security agents and militia men have committed heinous crimes and engaged in serious human rights violations, such as rape, execution of hundreds of civilians and political prisoners, the students’ massacre of 2000, discrimination against a particular tribe (violating 1966 Convention on the Elimination of All Forms of Racial Discrimination (CERD) and inhuman treatment, arbitrary detention of civilians and opposition figures, torture against those who opposed his government(violating 1984 Convention against Torture and other cruel, inhuman or degrading Treatment or Punishment(CAT) and enforced disappearance. Sadly, these people cannot be tried by the International Criminal Court (ICC) because Gambia is no longer a signatory to the Rome Statute of the international Criminal Court (“the Rome Statute”), therefore the court lack the jurisdiction to indict and prosecute for the violations of international and human rights laws.

In the meantime the Coalition Government should move swiftly without hesitation in collaborating with international partnerships to seek for the freezing of all the assets and finances of anybody who took part in the incitement, instigation and the violations of international and human rights laws during the past two decades of Jammeh’s rule. Secondly, it should make sure that no individual enjoys impunity for such heinous crimes and human rights violations on the account that they are Head of state or senior members of the Government because that will seriously undermine reconciliation in the country.

 

In order to heal the wounds of the families and victims of the students killed and tortured during the 2000 peaceful demonstration, who have lost loved ones, and whose loved ones have disappeared into thin air and the families of the young people who perished at sea fleeing the adverse poverty and desolate economic conditions of the country.

 

Furthermore, to also address the deep seated division within the country, the Coalition Government should facilitate a full conflict settlement and not only stop at only halting direct violence as suggested by some commentators because that will shift it to indirect violence in the form of social exclusion of certain tribe(s) or people, who might have allegedly committed crimes, discrimination and inequality. This might lead to it becoming covert for a while and then reappear as an overt conflict in the future, and reason would be because the person who had experienced the suffering has not been properly addressed.

 

In support, Des Forges (1999, pp.568; 575) argue that the exercising of justice in the aftermath of long period of commission of serious crimes like in the Gambia for 2 decades, is not only morally and legally right, it is essential for peace.

Therefore to achieve peace, unity and true reconciliation in the country corrective justice seems to be a better option. However, this approach may not be a perfect way to achieve restoration of the country but it will respond better to the needs of victims than justice only based on retribution and deterrence. Corrective justice requires that the perpetrator compensate the victims for the wrong that he or she has inflicted.

 

In a way it places both the victim and the perpetrator back in their original position. Compensation could be either material or financial.

 

There are two ways to go about this; firstly, the Coalition Government to ratified the Rome Statute of the International Criminal without any delay and request from the Secretary General of the UN the creation of a Special Tribunal or Court similar to the Special Tribunal for Lebanon and Special Court for Sierra Leone all established by the United Nations. These institutions are similar in many ways to the earlier institutions of International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) established pursuant to Security Council resolutions under Chapter VII of the United Nations Charter. Further, to also request that those charged with any involvement in the commission of the alleged heinous crimes and human rights violations be tried by a tribunal or special court that is of an “international character”, and help in identifying the nature and scope of the international assistance needed in this area.

 

Secondly, to establish a “Commission of Inquiry and Tribunal”, whose task would be to investigate violations of human rights and heinous crimes committed for the past two decades and prosecute the persons responsible for them. We have to ensure that the people who will head the commission of inquiry and tribunal are people of integrity, and have the support of the victims in particular and the public at large. They must be show impartiality and professionalism in their facts finding and proceedings, and the inquiry must not elicit empathy for the perpetrators or be sympathetic. The inquiry must ensure not to engage in unilateral approach because that’s what led to the criticism of the Rwandan Government in 2003 for only investigating crimes committed by Hutus during the 1994 genocide but not the Tutsis rebel revenge killings.

 

The inquiry in delivering justice can adopt the model system devised by the Rwandan government in the aftermath of the 1994 genocide, for trying genocide cases, although the crimes committed in the Gambia are human rights violations, by using both conventional domestic courts and Gacaca (literally meaning “grass”) – a community based dispute resolution model but which drew heavily on a more conventional model of punitive justice. Its objectives included not only delivering justice but also strengthening reconciliation, revealing the truth about the genocide (in this case revealing the truth about heinous crimes and human rights violations committed in the Gambia). These domestic judicial systems were concurrently operating alongside the ICTR.

 

Human Rights Watch in 2011 carried out a study on the progress of justice in Rwanda after 20 years, the study found that the Gacaca courts did galvanised local communities participation and gave victims the opportunity to learn what had happened to their relatives. Also, the study found that the Gacaca courts did helped some victims find a way of living peacefully alongside perpetrators and that reconciliation is taking hold in Rwanda today. However, critics argued that despite the achievements of the Gacaca courts, in its early years lack the safeguards against abusive prosecutions in a weak judicial system which resulted in unfair trials, and also the inability of the accused to effectively defend themselves, intimidation and corruption of defence witnesses, judges and other parties; flawed decision making due to inadequate trained judges to handle complex cases.

 

To prevent the Gambia from such criticism leveled against the Rwandan government Gacaca and domestics courts, the Coalition Government should ensure that they rebuild  the crumbled judiciary and justice systems, including having adequate good lawyers, judges to mention a few, and also have safeguards and laws that are able  to prosecute such alleged crimes and human rights violations.

 Author is  LLB (Hons) Law with Criminology LLM Public International Law

President-elect Barrow says he will be inaugurated in late Jan 2017

by Alhagie Jobe

 

President-elect Adama Barrow has confirmed that his inauguration as the President of the Republic should take Place in the third week of January 2017.

 

Barrow made this declaration in his first statement to the nation issued on Friday, a week after been declared winner of the 2016 Presidential election against incumbent President Yahya Jammeh who had rule the country for 22 years.

 

According to him, people are wondering why he has not assumed office on Friday 2nd December 2016 but said the answer is simple.

 

“I was declared a winner of the Presidential Election based on the letter and spirit of 1997 Constitution and the Electoral laws of the Gambia. The incumbent respected the results and promised to work with me to have a smooth transfer of power based on the Constitution of the Republic” he said.

 

Section 63 subsection (2) of that Constitution clearly states that:

“(2) 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.”

 

He said that is the law and after broad consultations with Coalition stakeholders and legal experts, it is now conclusive that he should assume office on the day the term of office of President Jammeh expires, meaning his inauguration as the President of the Republic should take Place in the third week of January 2017.

 

He said the transition team is now working on the modalities of the swearing in ceremony and would communicate all developments on the transition to the public, as and when it is necessary for the sake of accountability and transparency.

 

According to him, Gambians and Gambia can raise their heads and count themselves among the most democratic nations in the world. He said the congratulatory message from outgoing President Yahya Jammeh and his promise to work with the incoming government to ensure a smooth transfer of power is another milestone in the history of democratic transfer of power in Africa.

 

“We have agreed to set up parallel teams, on both sides, to work hand in hand to formulate and implement the modalities of the transition. My team as an incoming President has been constituted. It comprises Gambians of integrity and competence who are now charged with the responsibility of formulating a road map for the transition. They have presented the transitional agenda of the incoming administration which has been approved by me and the Coalition stakeholders as a realistic, practical and time bound programme of activities to ensure peaceful transfer of power” he concluded.

Justice Bah: ‘Lawyer Darboe & Co granted bail for public interest’

The Gambia Court of Appeal presided over by Justices A.O. Adegoke, Awa Bah and Edrissa Fafa Mbai Thursday made the ruling that Lawyer Ousainou Darboe and 18 others were granted bail base on public interest.

 

Mr Darboe and Co where released on bail last Monday after almost five months in jail after serving three years jail term each.

 

“The fact submitted by the defense counsel Amie Bensouda is convincing enough because is in the interest of public to grant bail and denial of which is a threat to national security” Justice Awa Bah told the court.

 

Justice A.O. Adegoke in his ruling quoted section 12 (a) of The Gambia Court of Appeal. He told the court that the fact that the first appellant Ousainou Darboe constitutes an integral part of the coalition that won the recent presidential election is compelling reason to grant bail.

 

The matter was adjourned till 6 March, for adoption of briefs.

 

The appellents are Ousainou Darboe, Kemeseng Jammeh, Femi Peters, Lamin Dibba, Lamin Jatta, Yaya Bah, Babucarr Camara, Fakebba Colley, Ismaila Ceesay, Momodou Fatty, Dodou Ceesay, Samba Kinteh, Momodou Manneh, Nfamara Kuyateh, Lamin Njie, Yaya Jammeh, Momodou L.K. Sanneh, Massanneh Lalo Jawla, Fanta Darboe and Junkuna Suso.

 

It could be recalled that Mr Darboe and Co were arrested on April 16th after staging a peaceful protest demanding the release, dead or alive of the party youth leader Solo Sandeng who was arrested in an earlier April 14 protest for demanding electoral reforms. He was allegedly tortured and died under state custody.

 

They were all charged with seven counts of unlawful assembly, riot, incitement of violence, riotously interfering with traffic, holding a procession without a license, disobeying an order to disperse from an unlawful procession and conspiracy.

 

They were denied bail and remanded in the state central prison of Mile II until on July 21st, 2016, when they where convicted and sentenced to serve 3 years in prison consecutively by Nigerian machinery judge Justice Eunice O Dada.

Message to Gambians to unite

By Solo Demba (LLM, LLB.RMA, RN)

Fellow Gambians, I take the opportunity to express my solidarity with you in exercise of your democratic and constitutional rights.The graceful collapse of the Second Republic and the rise of unstoppable people’s power require us to rethink about our responsibility seriously.In doing so, we must take bold steps that would produce, ‘collective good’ for the society as opposed to steps that protects special interests of few.

 

We must nurture fundamental norms such as respect for human rights, rule of law, and democracy. Going forward, we need every tool in the tool box to massage souls; learn to work together and amend institutional failures that had stifled development and advancement of democracy in our country for decades. Although the genesis of these failings predate the Second Republic, there have been no systemic efforts to correct these institution alimbalances so as to regulate the organized power of the state.

 

In my view, such inaction was designed to suppress the will of ordinary people.Turning things around requires profound of sense of dedication, resilient with strong mind-set on nation building efforts similar to the one that had galvanized European powers to embark on self-serving mission. I believe that we can propel our country to the height of the world to fulfill every Gambians’ dream, indeed, such is achievable with serious commitments. While the state has sovereign power to govern its people, this power can only be legitimized through a creditable democratic process.

 

Sovereign states are supposed to be the servants of the people they serve. It is incumbent on states to enable citizens to live purposeful life by developing the state’s economic capabilities, so as effective democratic institutions.  It follows that the sources of state’s power emanated from the will of the people. Such power must not be silenced to allow the state to evade its fundamental obligations as the governor.

 

In this sense, democracy allows effective implementation of social contracts in which the state is obliged under international law to protect the security and well-being of its people. The responsibility to protect forms the normative foundations of international law. The OAU and the ECOWAS are both principal proponents of such international norms, in their quests to promote good governance they espouse the practice of genuine democracy and protection of human rights.

 

We cannot be silenced and allow the future of our country to be defined by human rights violations, while impunity prevails. The  same proposition was articulated by Nelson Mandela as he says ‘Africa has a right and a duty to intervene to root out tyranny…we  cannot abuse the concept of national sovereignty to deny the rest of the continent the right and duty to intervene when behind those sovereign boundaries, people are being slaughtered to protect tyranny.’

 

I believed we have an important role to play avert such heinous practice. Notably, the eyes of noble Africans institutions are fixed on Gambia to determine whether the informed choice of the people will prevail.

 

Therefore, the Coalition must exercise its mandate judiciously to serve the interest of the country. Make no mistake; I believe Gambians have the right mind-set to remove any government that neglects the needs of the country.

 

The other point is that as The Gambia is a signatory to most international instruments, it is subjectable to international rule of law. Therefore, it is right to say human rights violations may engender international intervention either politically or economically. For example, the intervention in Ivory Coast was necessary to protect democracy and the life of ordinary Ivoirians. However,while the state has the overall responsibility to protect human rights, citizens are also required to respect the laws of the land as every human right carries a responsibility, no right is given without a corresponding obligation.

 

Undoubtedly, the security of the people cannot be preserved in the midst of chaos and confusion, therefore, I urge all Gambians to exercise their constitutional rights with sense of responsibility. It is our responsibility to prevent our country from descending in Anarchy and protect the rights of minorities as democracy does mean majority views must always prevail.

 

Indeed, politics can be conducted in ways which promote democracy, if divergent groups are allowed to express their views freely and pursue common goals that align with their political ideologies. Political values such as justice, equality, liberty, and self-determination must be rooted in the practice of politicians if they are to earn the respect of the Gambians. Indeed, failure to embrace or flagrant disregard of these values call into question the morality and fitness to practice of politicians.

 

More importantly as rightly stated by the Philosopher Kant, ‘Without man and his potential for moral progress, the whole of reality would be a mere wilderness, a thing in vain, and have no final purpose”. What seems also untenable is to deploy divisive politics in order to weaken the collective power of the people against the interest of the country. Such practices are not only in imicalto social integration but contrary to democracy. It has become a common knowledge that Gambian politicians have always tried to divide us along ethnic and tribal lines to maintain their grips on power.They articulated the notion that we are from different tribes, so we cannot coexist harmoniously.

 

Clearly, this proposition is not only dangerous, but also disingenuous as we are all equal. It is axiomatic as Gambians we have been living together as brothers and sisters for centuries in our communities. Our efforts and talents must be employed to build up the institutions that faithfully work to meet the aspirations and aims of ordinary Gambians. We must reject divisive politics; if we focus on what on what we have in common to foster social cohesion. I have no doubt in my mind that we have already taken bold steps towards this direction, albeit there are challenges we face in a globalized world. I have faith in the decency of Gambians to put aside ethnic divisions and work together to create and maintain a society which is inclusive and transparent. If we are brave enough to think outside of The Gambia, we soon come to realize that the misery that afflicts many of the countries in Africa and elsewhere are a product of lack of respect for the principles of democracy, rule of law and equality of opportunities.

 

It is onus on the Executive, the Legislative and Judiciary to nurture such fundamental principles and present The Gambia as a modern sovereign state. State power must be re-balanced by institutional reforms. The independent of the judiciary must be sine qua non (absolutely necessary). Rights such as freedom of expression and free press must be embedded in our constitution to allow democracy to thrive. Parliamentarians must be able to hold the executive accountable to the people. Turning our backs on such fundamentals is a perilous path that would insulate uncertainty and chaos. Furthermore, this may exacerbate the very economic problems of our homeland because legal uncertainty has dangerous ramifications for investment.

 

We must flatly reject the notion that we are different, and we cannot work together to address our shared challenges.  We must work to nature the initiative drive in every Gambian to aim high with the view to making a significant contribution to nation building in humanities, science, technology, etc. That vision must empower all citizens of the land (Akus, Fullas, Jahankas, Jollas, Mandinkas, Manjagos, Sarahulehs, Sererehs, Wollofs, etc.) the opportunity to aim for the highest office in the land because we can all identify what is good and are capable for doing good.

 

In this age of interconnected worlds, we cannot help but notice that nations that encourage their citizens, of diverse social and cultural backgrounds, to work together have made huge strides in the right direction – it is no wonder that such countries continue to suck the life out of The Gambia and other African countries that stifle innovation and the freedoms of its citizens. If we cultivate the will to work together, we can reverse this downward trend and I challenge you to that task.

 

Thank you and God bless you all

Gambia’s President-elect Barrow makes maiden face-to-face with local journalists

Gambia’s President-elect Adama Barrow Thursday December 8th, 2016 conducted his maiden Press Conference with local journalists at the Kairaba Beach Hotel.

 

During the event, Mr Barrow unveiled his plans to improve in governance, democracy and rule of law in the country. He also spoke about major plans to revamp and invest heavily in agriculture sector saying his government will rely on the sector as a support base to the economy.

 

President-elect Barrow also spoke at length about creating jobs especially for the youth of the country saying they are the future leaders of the country and empowering them means building a better future.

 

He assured that his government will be media friendly unlike the previous regime of Yahya Jammeh which created the worst environment for the press and continuosly infringed on the rights of not only the media but the citizens in general.

 

“This government will be very friendly with media. The media enlighten the people. We will bring good media laws” he said.

 

President-elect Barrow reminded the people that the coalition went to election based on principles saying there will be no conflict of interest among the member parties. He then dismissed speculations that he might include in his cabinet members of the former government and newly formed opposition party of Mamma Kandeh.

 

“I don’t think we are inviting any party we have enough parties in the coalition,” he said.

 

On the ongoing rumors of tribal fights in the country and investigations against Dictator Jammeh and his governmnet, President-elect Barrow said they have nothing personal against anyone and will always operate according to the law.

 

“I am a Mandinka, Sarahule and Fula. Two of my last sisters from the same mum and dad are married to Jolas in Foni. So, tribe is not important. What is important is that we are all Gambians and should unite and work for the progress of our country,” he said.

 

Meanwhile, regarding his present personal security guards, Barrow said his personnel guards as at now include Senegalese personnel from a private security firm. He said that they have also contacted the Gambia government to assign security to him before the handing over and transfer of power.

 

President-elect Barrow also mentioned about the current Gambia security chiefs calling him and pledging allegiance.

 

On the Gambia’s membership to International Criminal Court ICC, Mr Barrow said “The Gambia is still officially a member of ICC”.

 

Regarding the issue of surrendering former President Yahya Jammeh to ICC upon request, President-elect Barrow would neither rubbish nor agree but quickly noted that The Gambia and its judiciary are competent to handle cases of such nature.

The transition must take place immediately

By Lamin J. Darbo

 

As argued elsewhere, Gambia’s 01 December 2016 presidential election was a referendum on governance, governance as goes to liberty and dignity of the person under the rule of law. The seven-party Coalition ‘movement’, supported by an electorate dehumanised and enervated by state lawlessness and brutality, and yearning earnestly to be free, delivered a resounding ‘revolution’ that rivaled any in terms of its legitimacy.

 

When the announcement finally came that the Coalition’s Adama Barrow was elected president, the immediate general perception, and understandably, was that he was headed for his official residence at No.1 Marina Parade no later than next week. The message is unmistakable that Gambians conclusively rejected the endemic state lawlessness that was the order of the day leading to and beyond 01 December 2016. What shock to be told the president-elect must wait an interminable sixty days to relocate to his three-year presidential abode as the number one occupant of the State House in Banjul!

 

Is there a legitimate basis for this reported sixty-day wait to assume office?

 

Section 63(2) of the 1997 Constitution of The Republic of The Gambia (the Constitution) states: “The person elected President shall assume office sixty days following the day of his or her election, and in any case where the candidature of a person contesting the election is unopposed, such candidate shall be declared unopposed and elected to the office of the President on the day following the making of such declaration”.

 

This provision was part of a huge number of illiberal, repressive, and personal amendments to the Constitution via Act No. 6 of 2001 without a commensurate democratic mechanism to implement it notwithstanding its inbuilt national security and other concerns. Its only purpose, now as in 2001, was to hijack the will of the people by a calculating president. True to form, the rubber-stamped National Assembly endorsed and enacted a dangerous measure without a word of debate, a measure that now poses a clear threat to national security.

 

The failure to put a transitional mechanism in place was deliberate and what the country is confronted with is nothing short of an imminent national security crisis. Babil Mansa’s propensity for systemic mis-governance is legendary with the inevitable consequence that fear continues to pervade the public space of The Gambia. That fear is still somewhat present, and understandably so. The incoming government must be protected, its public mandate safeguarded, but it has a commensurate responsibility to reassure Gambians regarding issues of liberty and personal security, and that reassurance would ring hollow unless it acts decisively in nipping the emerging threats from a defeated government.

 

In the circumstances, and considering Sheikh Professor Alhaji Dr Yahya AJJ Jammeh Babil Mansa, comprehensively and decisively lost the mandate to govern, he must vacate power immediately notwithstanding section 63(2) of a Constitution he flouts with routine disdain.

 

Now that this absolute dictatorship has spectacularly collapsed in broad daylight, no citizen or resident of The Gambia should suffer unlawful arrest, detention, abduction, torture, threats, forceful disappearance, or extra-judicial execution. It is not enough to say that the government is defanged and that there is no legitimate basis to fear anything. I repeat the general and public demand that on national security considerations, Babil Mansa must vacate power immediately notwithstanding section 63(2) of the Constitution!

 

Indeed there is every legitimate basis for fear given the long interlude between 01 December and 31 January. With the police power still in the hands of Babil Mansa, it would be suicidal for an antidemocratic measure that was merely inserted, nay, sneaked into law without debate to thwart even the unequivocally expressed wish of the people.

 

Standing alone without any implementing legislation, and given the significant nature of what the amendment, i.e., the sixty-day transition provision must achieve, it has no capacity to assist in furthering accountable government within the rule of law. Due to Babil Mansa’s perpetual self-succession agenda, there was no informed opinion from his constitutional minions to put in place such a vital legislation.

 

Instead, the Gambian people were made to believe that Babil Mansa is a ruler for eternity and no elections could see him packing, a delusional rendition that comprehensively succumbed to the overriding will of the people. In the circumstances, this hollow provision must be honoured in the breach by Babil Mansa stepping aside by Friday next at the very latest.

 

In line with democratic convention and principles, the incoming Coalition government, having lawfully obtained the legal authority through the electoral mandate to wield the executive power, must be fully engaged with the business of running the state. What truncated version of the civil service there is should have the capacity to assist the incoming executive authority in implementing a credible transition process.

 

The Coalition’s Transition Team must begin to act as a Government, having been given the full constitutional mandate by the electorate. Should Babil Mansa stay at all – and the people vehemently reject this – he may only do so in a caretaker capacity with all major decision making in the hands of, and exercised by, the president-elect and his team.

 

Further, the incoming government must have the inherent executive authority to consult any government entity for information, and this extends to all ministries, parastatals, the revenue authority and the Central Bank. It must act to preserve the reserves if any!

 

More significantly, this cannot be done from home, be it that of the President-elect, or any of the Coalition leaders’. The incoming government must have a fully-equipped office staffed by appropriate personnel and fully paid for from the public treasury.

 

In line with the thinking of the electorate, there is a moral imperative for Babil Mansa to surrender office within the coming week consistent with his promise to cooperate with incoming administration by showing good faith and relinquishing power as an inevitable consequence of the withdrawal of the consent of the people, a consent that was consistently subverted through endless tinkering with the Constitution with a complicit National Assembly which acted as a mere an extension of the Executive.

 

Babil Mansa’s government was conclusively rejected and no one should entertain the suicidal foolishness that the will of the people can be thwarted by the barrel of the gun. For the Gambian people there is no turning back.

 

An utterly lawless era is over and any attempt to resuscitate it will fail dismally, and with heavy consequences for those bent on subverting the popular mandate so compellingly articulated on 01 December 2016. The Gambia and the world are watching!

Gambia: Post victory

By Bakary B Sanneh

The outcome of the just concluded elections has made me very proud of Gambians.

Today I can lift my head up with pride and majestically say that I am a Gambian for the profound victory against tyranny, injustice and political slavery.  Kudos to those brave men and women who have in one way or the other consistently and acidulously fought for this new Gambia.

 

Although the victory brought so much euphoria but after careful study and analysis of the post victory events, I am beginning to develop mix feelings – on one side elated for the change but rather concerned about the possibility of a Jammeh come back or interference.  Jammeh’s demeanor during his concession call to Barrow and even his commanding tone proves to me that he is neither apologetic nor remorseful of any of his actions or inflammatory rhetoric.  He is still full of hatred, disappointment and disgust for certain groups of Gambians and would do anything to wipe them out if he has a second chance.

 

For those advocating total amnesty for Jammeh, forgiveness comes with two conditions; remorse for your wrongs and resolve to abandon forthwith with the intent not to repeat same again.  I am not very much interested in that tangent, but let the leadership of the new government and team decides on amnesty or justice for him.  However, I am greatly concerned about Jammeh’s cynical motives.  He preyed on Jawara for years in order to be able to hatch a successful plan to topple him, preyed on our naivety for 22 years and while we are busy merrymaking for the victory now, he continues to take advantage of our same naivety and kindness.

 

Fellow Gambians, a believer is not bitten in the same whole twice.  I am now convinced that Jammeh’s victory concession is strategical and tactical as it offers him the opportunity to resettle in Kanilai with his weaponry, loyalist, junglers and more so maintaining his command of a certain fraction of the Casamance rebels.  I don’t want to pre-empt what the new government should do, but allowing Jammeh to remain powerful is going to be a recipe for disaster and subversion.  The security implications of this must be thoroughly evaluated and the risks adequately mitigated. I couldn’t agree more with Essa Sey in his post victory analysis that Jammeh (government) is gone but his system is still in place which we need to neutralize come January.  We all agree that Gambia cannot afford another Jammeh come back or even similar.

 

I therefore urge one and all to tread cautiously when dealing with Yaya Jammeh.

 

The man cannot be trusted and would to continue to be cynical.  The prophet peace Be Upon Him said in a Hadith (on the Authority of Salman (RA) ‘Allah will not speak to three people, neither will he bless them and a severe torment awaits them’; “one who makes Allah’s name as his merchandise by frequently swearing without no cause”.  The other two are not relevant for our purpose here.  It is also mentioned that too much swearing also makes a person a liar: this is very salient in Jammeh so do not trust or believe him.

 

Finally, I advise the new leadership to be careful and ensure Jammeh is contained even if he is granted amnesty.  I also remind President-Elect Barrow to ensure that he lives by the spirit and letter of the coalition MOU and not allow anyone to turn him into a dictator.  We don’t need the cities of the Kombos full of his portraits, self aggrandized accolades etc.

 

We expect him to serve The Gambia and its people selflessly so we can also make GAMBIA GREAT AGAIN.

 

TOGETHER WE WILL MAKE GAMBIA GREAT AGAIN

LONG LIVE NEW GAMBIA

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