Please Don’t Die for Jammeh (by Baba Galleh Jallow)
Dear CDS Badjie and members of the Gambia Armed Forces,
Just over a week ago on December 14, 2016 we wrote an open letter asking you to find a way to persuade outgoing president Yahya Jammeh to step down peacefully and avoid bringing about violent conflict in our country. Over the past week, our country’s security situation has grown increasingly precarious, causing widespread fear among innocent men, women and children and adversely affecting our economy. During the same period we have also seen an increasing number of Gambian civil society organizations and individuals pleading with Yahya Jammeh to step down and prevent our country from sliding into conflict. These internal Gambian voices have been complemented by the voices of Gambian ambassadors, professionals and private individuals in the Diaspora. We all have also heard the concerned voices of many countries and international organizations around the world pleading with Yahya Jammeh to see reason and step down in the interest of peace and stability in our little peace-loving country and the safety of our parents, children, families and relatives who just want to live their lives in peace.
Unfortunately, in the face of this near universal chorus of pleas from both at home and abroad, Yahya Jammeh stubbornly refuses to budge and is willing to plunge our country into a violent conflict which will shed the blood of innocent people and destroy our country. Does Yahya Jammeh want God himself to step down to earth and plead with him to step down? Can Yahya Jammeh defy the will of the entire world and still win, as he says he will? Why does Yahya Jammeh shut his eyes against the reality that after 22 years in power, it is time for him to move on and allow The Gambia to move on? When Yahya Jammeh declares that he will not step down because he is not a coward, our response is that he is refusing to step down precisely because he is a coward. It is never cowardly to do the right thing. It is always cowardly to refuse to do the right thing, especially if refusing to do the right thing means sacrificing the lives of innocent people. In any case, the issue at stake is not about chest pounding and empty verbal bravado. It is about doing the right thing by God and by the Gambian people. It is about avoiding a conflict that will claim the lives of innocent Gambians who have nothing to lose if Jammeh steps down after enjoying power for 22 long years. Jammeh is trying to protect nobody but himself and his personal selfish interests.
We assume you have heard the news that ECOWAS has formally decided that if Yahya Jammeh refuses to step down on or before January 19, they will send a military intervention force to oust him and make sure that the will of the Gambian people is done. It is clear to all right-thinking people that there is no way Yahya Jammeh can win a war against the combined forces of ECOWAS with possible support from French Special Forces and other international players. Of course, if there is an external intervention force, you our dear brothers and sisters in the Gambia Armed Forces will be the ones to risk your lives in the line of fire. We Gambians do not want a single member of the Gambia Armed Forces losing their lives or suffering any kind of injury in defense of Yahya Jammeh. You Gambian soldiers come from us, the people. You are our sons and daughters, our brothers and sisters, and our relatives and friends. You also have your immediate families who look up to you, who depend on you for their day to day sustenance, and who love you more than Yahya Jammeh will ever care for you. Your spouses and loved ones need you; your parents and blood relatives need you; your children need you to be there for them as they grow up. We the Gambian people need you to stay alive to defend our country should the need arise in the future. The need to take fire for us does not arise in the present circumstances. If you take fire, you take fire for Yahya Jammeh, who is not worth it if only because he will no longer be your Commander-in-Chief after January 19, 2017. Why then would you die for him?
In essence, we are saying to you our dear brothers and sisters of the Gambia Armed Forces that the current crisis, especially after January 19, will not be about defending our country or our people – the majority of whom have voted for a new president and want to move peacefully on with their lives. The current crisis, especially after January 19, will be about citizen Yahya Jammeh, who wants you to sacrifice your lives and destroy the futures of your families, your children and the children of other Gambian families so he can try to do an impossible thing – hang on to power after clearly losing a free and fair election. If you take up arms against the Gambian people or against an intervention force, you are risking your lives for Yahya Jammeh, not for The Gambia or the Gambian people. Do not let Yahya Jammeh use and abuse your precious lives for his own personal and selfish interests. Please do not risk your lives for Yahya Jammeh. He is no longer your commander-in-chief after January 19.
In the light of Yahya Jammeh’s insane insistence on staying in power even if it means sacrificing your precious lives and the lives of many other innocent people, we are asking you again to please persuade Yahya Jammeh to step down peacefully and save our country from war. If he refuses to step down for God’s sake and for the sake of 1.8 million Gambians, we ask that you simply refuse to sacrifice your lives for him. If you die defending Yahya Jammeh, you die defending evil and you will never assume a place of honor in Gambian history. Rather, you will forever be remembered as soldiers who chose to defend an unjust tyrant against the will of God and of the Gambian people. You will be remembered as soldiers who helped Yahya Jammeh in his nefarious determination to stay in power even if that means destroying our country. And then what will happen to the innocent children you leave behind? What will happen to your brothers, sisters, sons, daughters, widows, widowers, parents? How will your mothers and fathers bear the pain of losing you to such an unworthy and evil cause? The point we are making is that if Yahya Jammeh refuses to listen to reason and common sense whether from you, from the Gambian community at large or from the international community, please do not sacrifice your lives for him. His time is up. He is going out one way or the other. You have your lives, your careers and your families to look after. And you have a country to guard and defend. Please don’t die for Jammeh.
In the event that military intervention happens – which it will if Jammeh refuses to heed the voice of reason – please remove your uniforms and stay at home with your families, drop your weapons and raise your arms, or otherwise cooperate and help in any way possible to make sure that Yahya Jammeh complies with the will of God and the will of the Gambian people. This will not be an act of cowardice or surrender. In fact, it will be an act of honor and courage on your part in support of truth and reason, and in the interest of our dear little country and thousands of innocent Gambians including your own families. No one will penalize you for doing that because that will be the right thing and the lawful thing to do. It will not be against any constituted and legitimate authority, but in support of the sovereign national interest which you are sworn to safeguard. Remember that Yahya Jammeh’s term as legitimate president of The Gambia ends at midnight on January 18, 2016. After that date and time, he and anyone supporting him will be guilty of treason and treasonable felony if they oppose the government that has the mandate of the Gambian people. Please do not die for Jammeh or allow Jammeh’s mad greed for power to destroy your futures and the futures of your families and our dear, peaceful country. If this war happens, and we hope Jammeh sees reason to prevent it, it will not be one Jammeh and whoever supports him can win by any stretch of the imagination. If Yahya Jammeh wants to commit suicide, let him go ahead and do it. Please don’t die for Jammeh. The choice is entirely yours.
We want to seize this opportunity to also briefly address our brothers and sisters in Jammeh’s cabinet. We are certain that the intelligent men and women in Jammeh’s cabinet know very well that he is fighting a losing battle. Therefore, we are asking you to either issue a joint statement asking him to step down or even better, to resign from his government now before it comes crashing down around you and thereby implicating you in an aiding and abetting scenario. We all know that Jammeh’s time is up. His government is over or will be over exactly at midnight on January 18, 2017. His ship is sinking. Do not allow yourself to sink with it and jeopardize your personal safety, security, and future and the safety, security and future of your families, your children, parents, spouses and relatives as well as the wider Gambian community. It is not too late to do the right thing, join the vocal popular Gambian revolution and help our dear little country avoid a potentially catastrophic conflict just because Yahya Jammeh is too cowardly to step down after being president for 22 long years and after been clearly defeated at a free and fair election. So we say unto you as well, members of the Jammeh cabinet, please don’t die for Jammeh. Tell him to step down or resign from his government. You have nothing to lose and everything to gain by doing the right thing before it’s too late. Godspeed.
Author’s Note: Please share as widely as possible with our dear brothers and sisters of the Gambia Armed Forces and in the Jammeh cabinet, their families, relatives and friends. We must nurture our beautiful new Gambia and protect our dear brothers and sisters in uniform. Let’s loudly say to them #Don’tDieForJammeh!
Gambia: Former High Court judge says APRC election petition constitutionally irregular
Emmanuel Nkea, a former High Court Judge in The Gambia has described the election petition by outgoing President Yahya Jammeh’s APRC party as fundamentally defective and should be withdrawn or struck out suo muto.
You may recall that The Gambia went to the polls on December 1st in which incumbent President Yahya Jammeh was defeated by opposition coalition candidate Adama Barrow. Mr Jammeh conceded defeated and after a week, made a surprising U-turn by rejecting the results and declaring the results null and void, thereby violating the constitutions. His party has since filed a petition at the Supreme Court in The Gambia. The case was mentioned last week by the Nigerian-hired machinery Chief Justice Emmanuel Fagbenle and currently adjourned to January 10th, 2017 while the other hired judges arrive in the country.
Below are the sections of the Constitution were Nkea base his argument;
The Election Petition filed by the APRC is fundamentally defective and should be withdrawn or struck out suo muto.
According to section 49 of the 1997 Constitution “Any registered political party which has participated in the Presidential election or an independent candidate who has participated in such an election may apply to the Supreme Court to determine the validity of the election of a President by filling a petition within ten days of the declaration of the result of the election.”
Section 100(10) of the Elections Act, Cap. 3.01 Vol. I Laws of the Gambia, 2009 provide that “At the conclusion of the trial, the Supreme Court… shall determine whether the person of whose return or election complaint is made… was duly returned or elected, or whether the election was void, and shall certify the determination to the Commission”
It is very clear from the above statutory provisions that in election proceedings in Gambia, the person whose election is being challenged is the ‘statutory’ respondent in any valid election petition. Any other person or persons, if at all, shall for the purpose of the election petition be deemed to be a co-respondent and shall be joined in the election petition as a necessary party.
The essence of the above statutory provisions is to guarantee fair hearing; a peremptory rule of natural justice and an essential requirement in any decision making process. The judicial index to measure fair hearing is anchored on the twin pillars of audi alteram partem and nemo judex in causa sua. The legal principle of audi alterem partemdemands that a person cannot be deprived of his rights without having been afforded the equal opportunity to be heard on the issue. The decision of the Gambia Supreme Court in Corrah v. Public Service Commission & Another (1995/96 GR, 209-222) is authoritative on this point.
With regards to the December, 1 2016 Presidential Elections, Mr. Adama Barrow was duly returned as the President elect. It is the validity of this historic election that the APRC party now seeks the Supreme Court to determine. President-elect Adama Barrow is therefore the ‘statutory’ respondent in any valid election petition touching on the December, 1 2016 Presidential elections in Gambia, and ought to have been so listed in the election petition filed by the APRC party. This, the APRC legal team failed to do. The sum effect is that the parties on the election petition are not properly constituted because the President-elect, who is a proper, necessary and desirable party, and whose presence is required for a just determination of the petition has not been made a party.
It is very clear from the above constitutional provision that in any valid election petition, the person whose election is being challenged must be made a respondent and that every other co-respondent must be joined in appropriate cases. And this joiner must be done before the powers of the court can be invoked, not after, and where this is not done, the action is liable to be struck out as improperly constituted (Awoniyi v. Registered Trustees, AMORC (2000) 6 SCNJ).
Even in those cases where the courts have held a non joiner not to be fatal to the action, the courts proceeded hold that where such non joiner is likely to lead or leads to unfairness or injustice to the other party, the action will be struck out or the resultant judgment set aside on appeal (Ayorinde v. Oni (2000) 2 SC 33). In the instant case, the action must be struck out because by virtue of section 100(11) of the Elections Act (sic), the decision of the Supreme Court is not subject to any appeal. As such there would be no other avenue for the decision to be set aside. This is more so as the defect amounts to a constitutional violation, which should not and ought not to be treated as an ordinary violation of the law.
Since the 1997 Constitution of the Republic of The Gambia (as amended in 2001) and the Elections Act (CAP 3:01 of 2009) provide the legal framework for all elections in the country, the constitution being a superior law, an election petition which is constitutionally irregular is fundamentally and incorrigibly defective and must be struck out.
General Ousman Badjie Chief of Defence staff at the Viviane concert last night!
General Ousman Badjie Chief of Defence staff at the Viviane concert last night. No stress from Jammeh laa CDS wakh.
ECOWAS Action to Gambia is Constitutional
Banjul, The Gambia: When the four Head of State of ECOWAS came for a fact finding mission to The Gambia, they gathered that President elect Adama Barrow was declared winner by the Independent Electoral Commission as required by the law of the land,” says Halifa Sallah, spokes person of the Coalition.
He said the mission was also given the constitutional fact that the elected President should assume office on the day the term of office of the incumbent president expires which is 19th January 2017. “This is why they said that they will grace the occasion in their numbers.”
Speaking at a press conference at a local hotel, Mr Sallah said in making that declaration, the mission team is in no way implying that they intend to interfere in Gambia’s internal affairs, saying they are perfectly in concert of the letter and spirit of The Gambian Constitution. “This is how matters stand.”
Mr Sallah said President elect Barrow is now the incoming President and has the Constitutional right and mandate to assume office on 19th January 2017.
Pronouncements of Outgoing President
Immediately after the IEC declared Mr Barrow as winner of the election, President Jammeh conceded defeat in a telephone call he made to president elect Barrow but a week later, he declared the results null and void and called for fresh elections claiming their he has sighted some abnormalities after IEC announced some rectifications.
Mr Sallah said President Jammeh’s original position of accepting the results and opening a line of communication for a smooth transfer of executive power did not go down well with many people and that was the best way of protecting national sovereignty and allowing Gambians to manage their own affairs with the support of the friends of the Country.
He said on the other hand, the unilateral and unconstitutional declaration of annulling the election results, expulsion of the IEC and announcement of fresh elections gave rise to national and international expression of outrage and a call for the outgoing President to step down.
According to Mr Sallah, realizing that the seed of conflict was being shown by the untimely announcement of the incoming President who does not wish to preside over a torn and tattered country, a divided warring people exposed his unconstitutional declaration.
He said President elect Barrow then reminded the people that he is the recognized incoming President who respects the mandate of the outgoing President and is also preparing for his inauguration in January which should also be recognized and respected by the incumbent.
“Hence the stage was reset for the incoming and outgoing Presidents to show respect to the Constitution and ensure that constitutional processes prevail in the supreme interest of the country. The avalanche of condemnation may have influenced the APRC party to resort to constitutional processe to find redress,” Sallah said.
He said it was later announced that they would seek redress from the court as provided by Section 49 of the Constitution which states that: “Any registered political party which has participated in the Presidential election may apply to the Supreme Court to determine the validity of the election of a President by filing a petition within ten days of the declaration of the result of the election.”
According to Mr Sallah, the incoming President has no intention to interfere with the Constitutional process of seeking redress through an election petition.
He stressed that the outgoing President should not interfere with the constitutional process of swearing President elect Barrow into office when his term expires as well as his entitlements as President elect before assuming office. “Queries touching on the issues of prosecuting the outgoing President have featured prominently in the public domain,” Mr Sallah said.
He said the President elect Barrow has made it clear in his interviews that he will never be a prosecutor or a judge and has no intention to preside over a country where there will be revenge for past injustices.
He said Barrow has promised to treat the outgoing President as a former President who he would consult in his area of competence and would invite both him and former President Jawara to his inauguration as the first and second Presidents.
Mr Sallah said President elect Barrow would like it to be known that justice in a transitional administration must be tempered with mercy to avoid a cycle of revenge in a country where governments may come and go.
He said the intention of the Coalition is to give Gambia a new start, saying principal among the coalition’s commitment is the preparation to uphold and protect the equality of all citizens before the law. “The Coalition is duty bound not to presume the indictment or guilt of any individual before or after the incoming President assumes office. All members of the Coalition leadership are asked to respect the principle of separation of powers.”
Mr Sallah said all are committed to the principle of substantive and reconciliatory justice by setting up a truth and reconciliation commission whenever indictments for past injustices arise in the third republic.
In the interest of nation unity and international integrity, Mr Sallah said the outgoing President is being requested to open up a line of communication for Gambians to take charge of “our” own affairs and ensure a peaceful transfer of power. “If we fail to do that, others will take charge of our own affairs to our shame as a sovereign people.”
He said ECOWAS is also called upon to send its mediators with immediacy so that talks will begin to ensure a Gambian consensus in solving our problems through the friendly facilitation of the Sub-region.
He pointed out that The Gambia is going through a phase of its history that has never been known, saying, “This country has never witnessed a peaceful transfer of executive power through the ballot box. All Gambians should leave matters with the President elect and his team to demonstrate the maturity, magnanimity, loves of the people and tolerance of diversity necessary to see the country through its most trying time,” Mr Sallah said.
He reminded Gambians that they should all remain ever true to their country for them to live united in peace and prosperity for now and forever.
He further emphasized that the remarks of the outgoing President, broadcasted over the national television –GRTS- during talks with representatives of the Africa Bar Association, who claimed to be in the country on a fact finding mission deserves a response from the office of the incoming President.
Mr Sallah pointed out that it is important for Gambian people and the entire world to understand the political situation in the country, saying currently there is incoming and outgoing Presidents.
He said it is a constitutional and political fact which should be the primary focus of all fact finding missions. “The visitors and the Gambian people must never draw any conclusion unless they hear from both administrations and then separate the grain from the chaff.”
He said the outgoing President‘s pronouncement tends to give the impression that he is not an outgoing President and it gives the wrong notion that the outgoing President will continue to have grip on power after the expiration of his five year term in January.
Mr Sallah said this had made some people to believe that the incoming President has no mandate to prepare for his inauguration because an election Petition has been filed by the losing party.
‘You Divided Us, Gambians Do Not Love You Anymore’ Bishop Hannah Faal Heim To Jammeh
The exact words of Bishop Hannah Caroline Faal-Heim transcribed by Bakary Badjie
By Bakary Badjie
“I want to ask your permission to speak truthfully and plainly to you because I see you as a brother because we are all Gambians. I have not come here as the Chair of the Gambia Christian Council. In fact many people told me not to come here today, and all of us not to come because people are so angry with you. Sir, please if you…. Can I continue please? Thank you.I seek your permission with deep respect. Because the nation has been going through a very painful time. I don’t know whether many people tell you, but you know they tell me that I should not tell you because I will be in trouble. But I know that you prefer the truth. That you prefer people to pray for you and we both have been praying for you, even if we get in trouble is because we love you and the Christian truth that we stand for.
Love God first with all your heart, mind soul, strength, everything and love your neighbor like yourself. That is what has brought us here today. And I come not as a Chair of the Gambia Christian Council but I have come because I am a member of the Gambia Christian Council and I come as a servant of the living God whom I serve and whom…, whose heart I want to follow all my life. And that why I have come with the others. We have come because you are our President, no matter what. And we feel that we have to come and hear you speak. And we thank you that you have done that. And we hear you and the reconciliation that you have talked about Sir, there are people who are deeply hurt. They say that it is you who is causing the conflict among the people and in the country. They say you are diving us. Please you know, I know this it is painful, it is painful for me to sit here and tell you and that’s why I asked your permission, alright, but they say that you have the gun and you are determined, whatever will come you will use it as you will be against you own people.
Well, I am telling you Sir because me…… they say you will lock me up, alright, if I speak the truth, you will lock me up. I don’t believe that you would but as a servant of a living God, I come here with the love of Christ in me to tell you that your people, the people – you are part of us because this is Gambia and Gambia must be one. We must be one. We must all work for Gambia. And they say that now the election took place, you never had any intention of stepping down. You have conceded but you will not accept the results, you will not help the nation to have a smooth transition and you will be prepared to even fight and put the guns on the street to stay in power in Gambia. Sir this are painful things for all of us. Painful for me to sit here and tell you but the people must talk because they must believe and trust you again as they use to trust you. They don’t feel trust and they said the only place you can hear them is through the ballot box. Because they are afraid to tell you – they are afraid to tell you the pain that this nation feel. Everybody is feeling it – everybody, and we don’t want outside to come here, from ECOWAS to tell us how we can be together as Gambians because every Gambian must be good for this nation Gambia and you as the son of Gambia and we all Gambians must show that love together fearing God and loving one another as self and they believe that you will not help Gambia to go forward because of the pain you feel. We all feel that pain.
They are afraid. Some of the people said they loved you, you were there friend but you have been dividing the people and they no longer want to stand there because they don’t understand you. It’s a new you. Sir these are painful words for me to sit here and tell you because I respect you deeply and no matter what anyone would say, I know today, they will even have names for me but I am a servant of the living God before whom I stand – who called me to serve Him in this capacity as Presiding Bishop of The Gambia. And I am presiding bishop of every Gambia, no matter what you look like, no matter who you are, no matter you color. My job is to pray for the nation and to pray for all people. That’s my work, it not politics and to bring the love of God to everyone and every day, we pray for you. And every day, we pray for the whole nation, for every person, every farmer, every market woman, everybody including every soldier. But they pray that you will not raise your hand against the people you say you love. And that we don’t need outsiders to come and give us a smooth transition after the election. Because you yourself said, I follow the will of Allah, I follow the will of the people. Sir, they want to honor you but I want to appreciate that I can come and dare to speak to you. As a servant of the living God, not fearing that you might be angry with me and even turn against me. I will rather that you even, you know, get so crushed with me but I will bring it to you because the people love you and we love you. You are my brother in Gambia. I mean that will never change.
The Gambia belong to us, we were born here and every Gambian must feel that they must be part of Gambia and work for Gambia. We cannot be divided as a people and we cannot invite outsiders to divide us even further. What I am saying Sir, the people, they said that it is you who is going to make all the fighting because you don’t want to handover, smooth transition, and allow a democratic process and to stand again for an election and come back again when the people’s heart – you know – you know how many people are crying Sir, because their heart. And they feel – everybody is feeling this pain. So yes, there are – some people are rejoicing and they say rejoice with those who rejoice but mourn with those who mourn. Mourn with those who mourn. Sir, me I cannot tell you what to do but you have the fear of God in you because you always talk about Allah – your relationship with Allah and I know you say you don’t fear anyone and that’s is fair because what can mortals do for us? Our confidence must be in God.
So sir, I am coming here today, despite every odds or whatever and I don’t care what anyone is going to say. I am here and thank you for giving me the platform of speaking what you might never hear from anybody else – but that you need to hear and I realize that it is painful because you have loved this nation. It is painful too hear but my God, it is God who is our healer. It is God who heals nations. We can go and talk to the people about forgiveness and peace. It is God who changes the hearts of man and women. It is God, in His mercy who forgives us every day that calls us to forgive one and another. Sir, I don’t have anything to give you. I only have God. I don’t have nothing to give you – only God and a brotherly love that you are a Gambian like me. I have nothing to give you but the people, the people are there sir. Even if they smiled to you, they will not show you their heart, but they are there, they are upset, they are angry and they say that the transition – only you can make it go smoothly and if you choose not to, you will be in the guns on the streets of Gambia but we pray to Almighty God that, that will not happen. Sir, with deepest respect – I have nothing more to say!”
Incoming President Barrow responds to outgoing President Jammeh over remarks on state TV
Gambia’s President-elect Adama Barrow has condemned the remarks made on state TV by the outgoing President Yahya Jammeh during his meeting with the so-called Africa Bar Association.
Speaking on behalf of president-elect at a Press Conference on Friday, Halifa Sallah, spokesperson and member of the coalition team said the remarks of outgoing President Jammeh were unconstitutional and misleading.
“President Jammeh’s remarks were unconstitutional and it is misleading to put to the public that president-elect Barrow’s victory is suspended,” Sallah said.
He also stressed that the petition by Jammeh and his ruling APRC at the Supreme Court has no bearing on the preparation for President-elect Barrow to assume office in January, stating that every loser has rights to make claims at the courts but would not change the outcome of the results. He made it clear that Outgoing President Jammeh has no powers to annul the results, call for election or dissolving the IEC.
“The term of office of outgoing President Jammeh expires one second after midnight on the 19th January, 2016,” he stressed, and further welcomed the lead role of ECOWAS in mediating the political impasse.
Below is he full statement;
STATEMENT FROM THE OFFICE OF THE INCOMING PRESIDENT ON THE PRONOUNCEMENT OF THE OUTGOING PRESIDENT – 22nd December 2016
The remarks from the Outgoing President, broadcast over GRTS, which were made during talks with representatives of the Africa Bar Association, who are on a Fact Finding Mission, deserve a response from the office of the Incoming President.
It is important for the Gambian people, in particular, and the world, at large, to understand the political situation in the country.
Currently, there is an Incoming and an Outgoing President. This is a Constitutional and political fact that should be a primary focus for all Fact Finding Missions, in particular, and the Public, at large. The visitors and the Gambian people must never draw any conclusion unless they hear from both administrations and then separate the grain from the chaff.
The Outgoing President‘s pronouncement tends to give the impression that he is not an Outgoing President. It gives the wrong notion that the Outgoing President will continue to have grip on power after the expiration of his five year term in January .It makes some people to believe that the Incoming President has no mandate to prepare for his inauguration because an Election Petition has been filed by the party of the loser.
The Incoming President wants to make it very clear that the Petition of the APRC candidate, who has lost the 1st December 2016 Elections, has no bearing on the Preparation being made for him to assume office in January. Every loser in an Election contest has the right to go to court to find redress to any grievance.
However, such an action does not deprive the winner the right to take over a Government when one is constitutionally mandated to do so. It should be clear to the public that while the loser has every right to make claims and indicate the Court actions it is taking to get a Court decision it is contrary to the spirit and letter of the Constitution to give the impression that the victory of the winner is suspended and his entitlement to prepare to be inaugurated put on hold by an Election petition.
It is prejudicial to argue the merit of an Election Petition in the media. This is why the Incoming President has requested for the Court case to be considered as the exercise of right by a private citizen to seek redress in the Courts and not a State matter affecting the mandatory transfer of Executive power as dictated by the Constitution.
The Incoming President is committed to the Principles of Electoral jurisprudence, the Independence and impartiality of the judiciary and the rights of aggrieved citizens to seek redress in Courts and would not wish to make any comments that would be prejudicial to the exercise of such rights.
In the same vein, he calls on all responsible authorities to reciprocate by not making any utterances which impinges on his rights to enjoy the status of a President Elect as guaranteed in all civilized countries and prepare for his Inauguration as constitutionally guaranteed.
The Incoming President wants it to be known without any shadow of a doubt that he has the Constitutional mandate to prepare to assume Office in January 2017.
The Facts are as follows:
Section 63 Sub-section 1 of the Constitution states that the term of Office of an Elected President shall be for a term of five years beginning when a person takes oath of office.
Outgoing President Jammeh took Office on 19 January 2012. His Five year term expires in January 2017. Anybody could do the arithmetic for one’s self.
Section 46 of the Constitution instructs that there shall be an Election to the Office of President in the three Months before the expiration of the term of the incumbent.
This is why Elections were held on 1st December 2016 before the expiration of the January 2012 to January 2017 mandate of Outgoing President Jammeh.
Section 41 of the Constitution empowers the IEC to conduct Elections and to declare results under Section 81 of the Elections Act. This has happened. President Elect Barrow is declared the winner.
Assumption of Office
According to Section 63 Sub-Section 2 of the Constitution “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”.
This is the law of the land. It is President Elect Adama Barrow who is declared elected. It is mandatory for him to take the prescribed oath of Office and assume office on the day the term of office of President Jammeh expires in accordance with the letter and spirit of Section 63 Subsection 2 of the Constitution. This Swearing in ceremony is what is referred to as an Inauguration ceremony.
The Date of Inauguration of the President Elect
President Jammeh is to serve for five years starting from 19th January 2012 when he took Oath of Office. According to Section 2 of the Interpretation Act a Year in Law means 12 months as reckoned under The British Calendar adopted in 1752 as the Gregorian calendar which took into account the orbit of the earth taking 365⅟4 days. Hence the concept of a leap year was introduced in every four years.
According to the law of the land the calendar year is the 12 months of the year starting in January with 31 days and ending in December with 31 days. Hence the calendar year has 365 days in a normal year and 366 days in a leap year.
In computation of time, according to the Interpretation Act, the counting of the days starts on the following day. Hence from the 19th to the twentieth is one day, from the 19th to the 21st is two days, etc. In a similar vein from 19th January to 19th February is one month, from 19th January to 19th March is two months, etc. Likewise from 19th January 2012 to 19th January 2013 is one year, to 19th January 2014 two years, to 19th January 2017 five years.
Thus the term of office of President Jammeh should expire starting one second after midnight and goes up to midnight of 19th January 2017 Hence President Elect Barrow could take Oath and assume Office any time up to midnight of 19th January 2017.
ECOWAS is acting according to the Constitution of The Gambia
When the four Heads of State of ECOWAS came for a Fact Finding Mission they gathered that President Elect Adama Barrow was declared winner by the Independent Electoral Commission as required by the law of the land. They were also given the constitutional facts that the elected President should assume office on the day of expiration of the term of office of the incumbent which is 19th January 2017.
This is why they said that they will grace the occasion in their numbers. In making that declaration they are in no way implying that they intend to interfere with the internal affairs of the country, on the contrary, they are perfectly in concert with the letter and spirit of the Gambian Constitution. This is how matters stand.
Hence President Elect Barrow is an Incoming President who has the Constitutional right to assume office on the 19th January 2016.
The Pronouncements of the Outgoing President
The original position of the Outgoing President in accepting the results and opening a line of communication for a smooth transfer of Executive Power did go down well with everyone and was the best way of protecting National Sovereignty and allowing Gambians to manage their own affairs with the support of the friends of the Country.
On the other hand, the unilateral and unconstitutional declaration of annulment of the results, expulsion of the IEC and announcement of another Election gave rise to National and International expression of outrage and a call for the Outgoing President to step down.
Realising that the seed of conflict was being shown by the untimely announcement the Incoming President who does not wish to preside over a torn and tattered country and a divided warring people exposed the unconstitutional declaration of the Outgoing President and reminded the people that he is the Incoming President who recognizes and respects the mandate of the Outgoing President and is also preparing for his Inauguration in January which should also be recognized and respected by the incumbent. Hence the stage was reset for The Incoming and Outgoing Presidents to show respect for the constitution and ensure that constitutional processes prevail in the supreme interest of the country.
The avalanche of condemnations may have influenced the APRC to resort to constitutional processes to find redress. It was later announced that they would seek redress from the Courts as provided by Section 49 of the Constitution which states: “Any registered political party which has participated in the Presidential Election may apply to the Supreme Court to determine the validity of the election of a President by filing a Petition within ten days of the declaration of the result of the Election”.
The Incoming President has no intention to interfere with the Constitutional process of seeking redress by Election Petition. The Outgoing President should not interfere with the Constitutional process of Swearing in an Elected President when the term of the incumbent expires as well as his entitlements as President Elect before assuming office. Queries touching on the issue of prosecuting the Outgoing President have featured prominently in the Public domain.
The Incoming President has made it clear in his interviews that he will never be a prosecutor or a judge and has no intention to preside over a country where there will be revenge for past injustices. He has promised to treat the Outgoing President as a Former President whom he would consult in his area of competence and would invite both he and Former President Jawara to his inauguration as the First and Second Presidents of the Republic.
He would like it to be known that justice in a transitional administration must be tempered with mercy to avoid a cycle of revenge in a country where governments may come and go.
The intention of the Coalition is to give Gambia a new start. Hence principal among its commitment is the preparation to uphold and protect the equality of all citizens before the law. The Coalition is duty bound not to presume the indictment or guilt of any individual before or after the Incoming President assumes office. All members of the Coalition leadership are asked to respect the principal of separation of powers.
Finally, all are committed to the principle of substantive and reconciliatory justice by setting up a truth and reconciliation Commission whenever indictments for past injustices arise in the Third Republic.
In the interest of Nation Unity and International integrity the Outgoing President is being requested to open up a line of communication for Gambians to take charge of our own affairs and ensure a peaceful transfer of power. If we fail to do so others will take charge of our own affairs to our shame as a sovereign people.
ECOWAS is also called upon to send its mediators with immediacy so that talks will begin to ensure a Gambian consensus in solving our problems through the friendly facilitation of the Sub-region.
The Gambia is going through a phase of its history that has never been known. This country has never witnessed a peaceful transfer of Executive power through the ballot box. Hence all Gambians should leave matters with the President Elect and his team to demonstrate the maturity, magnanimity, loves of people and tolerance of diversity necessary to see the country through its most trying time.
All should remain ever true to the Gambia so that all our people will live united in peace and prosperity for now and forever.
The End
An open letter to Gambian voters!
For 22 years, Gambians were forced into a nightmarish marathon. Along the way many were tortured, maimed, killed and disappeared. Many made sacrifices that stripped them of their freedom and paid the ultimate price – but they had no regrets.
Many were humiliated and chastised by the enemy but they kept going, keeping an eye on the prize. Many children were orphaned and many spouses widowed, but they fought on to keep the memories of their loved ones alive. Many political prisoners were jailed, some tortured into a coma because Yahya Jammeh wanted to silence the opposition and show Gambians who is boss – this became his biggest blunder because instead of being intimidated, they pushed back and formed Coalition 2016.
Many were chased out of Gambia for speaking the truth, but they fought even harder. Many felt guilty for abandoning their families because of the time expended in this fight, but their families understood – they could see HOPE from a distance and knew VICTORY was a certainty. Whoever said Gambians are not resilient?
ALAS! Freedom knocked on our doors this year and Gambians young and old, stood up and said ENOUGH! Knowing this is A FIGHT NO ONE CAN WIN FOR US, the political parties formed a coalition, which triggered a chain reaction across the globe:
- Gambians raised funds and oiled the machine that took Coalition 2016 to promote their candidate/platform nationwide and Gambians turned out in droves. Historically, many democracy movements are funded by the international community but in our case, we said NO NO NO – WE GOT THIS!
- Coalition 2016, led by seasoned elders of Gambian society, studied Jammeh’s shenanigans and quietly closed the doors to the IEC in his face. Alhajie Alieu Momar Njai, holding those keys, said “Not In My Name” to Yahya.
- Then the voters came in! With all our monies, strategies, planning, THE FINAL SAY was in the hands of those with their ballots on December 1st, 2016. The faith of our freedom, democracy, peace, was in their hands! If they had betrayed Gambians, only God knows how the likes of me would have felt.
Thus, I MUST TAKE THIS OPPORTUNITY AND THANK THE GAMBIAN VOTERS for finishing this marathon with the most historic win – ousting a Dictator through the ballot box.
This is something that continues to shock many international news mediums and commentators and THIS TIME, GAMBIA IS MAKING THE NEWS FOR ALL THE RIGHT REASONS!
Abara, Jeurejeff, Ajaarama, #ThankYouGambianVoters
By Tukulorr Sey
Mayor of Gambia’s capital meets President-elect Barrow
The Lord Mayor of the Gambia’s capital, Banjul, on Friday met President-elect Adama Barrow at the Kairaba Beach Hotel.
Abdoulie Bah, who contested for the mayoral position under an independent ticket is showing support and solidarity with the president-elect and congratulated him for the crucial victory.
Speaking to journalist shortly after meeting President-elect Barrow, Mayor Bah said he came to assure the support of the capital city to the new leader. He said he is acting in his capacity as an independent Mayor who came to meet the independent Coalition president-elect.
“I came to assure to him that all Banjul and Gambians are behind him because the will of the people is the will of God,” Mayor Bah said.
The Mayor of Banjul said his discussion with the newly elected president was centered on peace and stability. He emphasised the need for peace to prevail in the country and called for the outgoing president Jammeh and president-elect Barrow to meet and pave a way for lasting peace.
“The president has already accepted the results since day two when the results where declared. Its therefore important for the two leaders to meet for the interest of all Gambians,” he said.
Why is Parliament silent on the Political Crisis gripping the nation?
I write with a deep sense of regret as to the attitude of the National Assembly in Banjul. For the record – The legislative branch is tasked with the sacred “Truth” of enacting laws on behalf of all Gambians, and of executive oversight by upholding the President and his Cabinet accountable for the decisions therein, amongst others. Simply put, that body, the Parliament, historically came into being, purposeful, sanctified, with a remit to preserve democracy.
Indeed, if the occupants of that chamber are true representatives of “The Gambian People” as they have led us to believe; and as prescribed in their portfolios, then why the wait. To put it plain, how long are Gambian MP’s prepared to sit there before condemning the tyrannical actions embarked on by Yahya Jammeh? His actions are unconstitutional, and therefore, illegal under law. His behaviour is undemocratic, and damn right shameful. The tension in Banjul is palpable, as uncertainty exacerbates. The dictator’s 360 degrees U-turn is tantamount to treason, further embroiling the good-Gambia image into a tabloid media-circus.
Members of the National Assembly – as international concern over the situation in Banjul escalate, the Opposition-Coalition sprung to a well-deserved victory in an election described as “free and fair” and “rig-proof” by Jammeh himself. The turn of events thereafter, by reneging on concession, and not following through with the “Transition Process” to the President-elect and his team; has fallen foul of the constitution breaching all civilized norms of the democratic process along the way.
I had expected the “National Assembly” to come out in no uncertain terms and to condemn his behaviour. The Gambian people expect their representatives to lead such condemnation in forceful terms. No wonder then the “rubber-stamped” Parliament scores very low in public confidence ratings year on year.
Elected (sic) members of Parliament – grow a moral backbone and disown Yahya Jammeh immediately. The APRC regime is, but a ship with holes sailing across the high seas. As for Jammeh, his like is akin to a roaring lion with no teeth, resorting to scare tactics. Have no fear, and nor should you despair – those with sense are free to relate!
The wind of change blowing across the land is UNSTOPPABLE! And as Jammeh begins to pack bags to “Lonely-ville” in the dying days of APRC (mis)rule, Save yourselves and jump ship – to be on the RIGHT-SIDE of safety, and of HISTORY.
Many-a-night, I’d wondered the footsteps of gallant soldiers marching across Independence drive towards a national cause at the birth of a “Republic”. On that faithful day in 1970, Banjul became the shining city on an island that captivates, romanticized in folk songs from Dakar, to Bamako, in Mali. As a plea on behalf of Gambians worldwide, i sincerely call on Member of the National Assembly to disown Yahya Jammeh, and begin criminal proceedings on charges of high-crimes against the state – beginning TONIGHT!
By Gibril Saine
Breaking the impasse
President-Elect Barrow and his team should continue to be on alert and make their paramount mission the preservation of their hard-fought and historic victory against the Jammeh regime. It is no minor feat that the Coalition was able to orchestrate a clear victory at the ballot-box, against the long odds. And peace-loving people throughout the world should applaud their efforts and encourage them. But their work is not done.
One can even argue that what is left is perhaps even harder and more critical. But I find solaceinthefactthatMr.Barrowandhiscolleaguesaremakingalltherightmoves. They were very astute in their reading of Jammeh’s illegal pronouncements on December 9, 2016, regarding the status of the December 1, 2016 election.
Gambians, including Jammeh supporters, should feel very grateful that we were able to dodge a bullet. Had Mr. Barrow behaved like any other uninspired person, we would be in a state of war right now, God forbid. The reason being, most people in Mr. Barrow’s position, after hearing Jammeh’s failed attempt to annul the election, would have felt anger and lash out at Jammeh, thereby giving him an excuse to inflame the country.
But cooler heads prevailed, and the maturity shown by the Coalition saved the country from what could have been a great disaster.
The Gambia Bar Association is spot-on in its analysis pointing out that Jammeh’s pronouncement on December 9, 2016 is tantamount to treason. They took his own words at face-value and to their logical conclusion. If we have a constitutionally elected president (Mr. Barrow in this case), anyone who tries to undo that election outside the bounds of the laws of the country, is dangerously flirting with treason, in my opinion. I believe the Coalition also read the situation in the same way. The UN Security Council also saw through Jammeh’s betrayal of the Gambian people; which is why they called upon Jammeh to resign forthwith because he had forfeited his right to lead. But the Coalition leaders were measured in their statements and did not call out the potentially criminal conduct. They just pointed out that Jammeh had no authority to annul the election and counseled their supporters to focus on going ahead with their transition plans.
Realizing his catastrophic blunder and knowing that the days when he could use force to usurp power are over, he asked his party to file a petition to try and annul the will of the Gambian people, which was expressed through an election he organized by himself. In other words, he tried to usurp power through unconstitutional means (by his treasonous pronouncement on national TV) and that failed. Now he wants to stage a constitutional coup. Gambians should not stand for that either. A coup is a coup.
Gambians have spoken and he wants to overturn that. We should not accept a coup if he wants to use the army to overturn the will of the people; neither should we accept it if he wants to use the courts to achieve that goal.
Thankfully, every fair-minded person in this world sees through what Jammeh is trying to do and has condemned it, for the most part. I have always known that Jammeh and his cohorts are the most selfish people one can encounter. But I must admit that I never thought that they were this conniving and unpatriotic. I am so scared for our country and we should all be. Everybody knows what the endgame is here. Jammeh should leave. He is done. The question is: how will he leave? He’s chosen that he is going to leave violently, which is why he decided to first send his family to the safe confines of the United States before setting the country on fire. That move, clearly backfired. But let’s just pause for a moment and think about this. To me, this is one of the most disgusting aspects of this saga.
Here, we have someone who is always roiling against the so-called West, and when rubber meets the road, he sends his family to the United States. And because he cannot run away, he digs in and puts our families in jeopardy. Even if an outside force were to come to the country and arrest him, at the very least some Gambian might lose his or her life unnecessarily. And even if it is a single Gambian, it will be one too many. That does not even speak to the anxiety people are under as we speak, the time the new government is losing instead of preparing to take over, and what it’s going to cost the neighboring countries to come to Gambia, to our aid.
Thank God that there is still hope that Gambians can resolve this matter, without the need for bloodshed. First, under no circumstances should the Coalition go to court with Jammeh. Thankfully, his petition is so inadequate that any respectable court would have thrown it out the minute it was submitted. Again, he should not be allowed to stage a constitutional coup by using corrupt foreign judges to overturn the supreme will of the Gambian people. At the risk of sounding xenophobic, I must lament here the despicable behavior of foreign judges in the country and their Gambian enablers like Jammeh and his Attorney General. This should not be tolerated.
Jammeh’s gripes about the election are beyond ridiculous. If we were not dealing with a life and death situation I would say that his complaints are laughable. I mean, how can he say that we need a redo because 300,000 registered voters did not vote on their own volition? Did anyone forcefully prevent those voters from voting? Is voting compulsory in The Gambia? Is there an acceptable number of non-voters that will render elections credible? Ironically, in the 2006 elections, an equivalent number of registered voters did not vote and yet he did not criticize those results. This whole point is as ridiculous as the Coalition also arguing that Mr. Barrow would have won by a larger margin had Gambians in the Diaspora been allowed to vote in the election. No serious court would listen to that. As for the other stuff, I do not know any Gambian who is gullible enough to believe that Jammeh’s hand-picked IEC would collude with the Coalition to suppress Jammeh’s voters. Give me a break. It is sad to watch the spectacle on TV where Jammeh reads the letter from the IEC Chairman rectifying the result tally.
Can someone please explain to Jammeh that the letter is not a legal ground for overturning the election? On the contrary, the letter is evidence that the system works. Human beings make mistakes. And they rectify the mistakes. This mistake could have been as simple as a typo adding an extra zero to the numbers. If the IEC did not catch the mistake and rectify it, that could have created a problem. But the mere fact that they rectified the mistake, knowing that it has no impact on the final outcome, in the interest of transparency and accountability, lends credibility to the IEC. Simply put, the petition has no legs to stand on and should not be entertained. Again, the Coalition is doing the right thing by ignoring the made-up issues in the purported petition.
It is so defective on its face that the courts should not even waste resources entertaining it. To bring judges all the way from Nigeria to steal the election from the Gambian people, based on frivolous grounds, is not only a gross waste of resources, but very insulting as well. Anyone who has ever been involved in election petitions, like I was in 1992, would know that one has to overcome a very high burden of proof in order to upset the supreme will of the people. Not only would Jammeh and his cohorts have to prove major irregularities during the election process, they also have to prove that but for those irregularities we will have a different outcome. Jammeh’s purported complaints do not even come close.
Add to that fundamental deficiency, an illegitimately packed court that has no business entertaining the petition. But everyone in the country knows that the foreign judges we have in there are not interested in justice and will not hesitate to thwart the will of the Gambian people. I hear Jammeh talk about not wanting to be colonized by the British and brag about his patriotism. But it’s not a problem for him to bring unscrupulous foreign judges to the country to enslave Gambians. This is just pathetic.
In any case, the solution I alluded to earlier on is in the hands of Jammeh’s supporters, be they in the armed forces or in his inner circle feeding him bogus grounds for challenging the election. To break this impasse, short of having an invading force, they should withdraw their support; and under no circumstances should they obey orders from him that he has no moral or constitutional authority to give. A lot of his supporters (mainly outside the country) have begun withdrawing their support. I am begging and urging his inner circle to give it up. Jammeh by himself is nobody and he knows it. How sinister can one be to send one’s family out of the country, promote soldiers so one can use them to murder innocent Gambians, and then hold the country hostage? Let us wake up. Our families are in serious jeopardy. As the saying goes, when the rain falls, it doesn’t fall on one man’s house.
It is understandable that some who were on the Jammeh gravy-train might be experiencing separation anxiety, fear and want to cling to power. Give it up. Some of us did that 22 years ago and we are stronger for it. You are in a lot better position in that Mr. Barrow (whom I do not know) does not seem to be a vindictive person; and in fact appears to be very God-fearing, measured and reasonable.
Others in the Coalition leadership are also very mature statesmen who believe in the rule of law and will not unjustly persecute Jammeh loyalists. The Coalition should continue to convey this message. They are not after revenge. Even the Gambian people, like me, will not stand for that. Besides, Gambia is also under the microscope. With the international community focused on it, the new government would be unwise to go after the Jammeh people in a vindictive manner. I am sure the Coalition leadership knows that. So, there is an alternative to engaging in a suicide pact with Jammeh. For the sake of our country and our families, let us not plunge our dear country into a civil war simply because a few in our midst do not want to relinquish power. If Jammeh was the patriot he claims to be, he will give up for the sake of peace even if he was robbed in the election. But we all know that he was defeated fairly. Any Gambian with a conscience should ask him to leave. If he had a fraction of the piety he claims he has, he would have realized that God does not engage in double- speak: if he won the election, The Almighty would not say that Jammeh lost.
Maintaining peace in The Gambia should be our utmost priority. I pray that Jammeh and his few supporters realize that his time is up and he should leave peacefully. God Bless our Country and save our families from the evils of war.
The author is in Washington, DC
By Muhamad Sosseh, Esq
US disappointed with Yahya Jammeh over recent remarks of not stepping down
The United States have express total disappointment in Gambia’s outgoing President Yahya Jammeh’s televised remarks of December 20th in which he indicated that he is unwilling to abide by the will of the Gambian people and facilitate a democratic transfer of power.
In a statement posted on its Banjul Embassy Facebook Page on Thursday, the United States reiterated its support to the Economic Community of West African States’ (ECOWAS) recent consensus declaration that it will support the people of The Gambia and seek to ensure that President Jammeh cedes power at the end of his term in January. The US further echoed the ECOWAS call for President Jammeh to peacefully transfer power to his elected successor, Adama Barrow, in accordance with Gambian law.
Outgoing President Jammeh on Tuesday, December 20th, 2016, during a meeting with a delegation from the so-called African Bar Association, repeated his defiance that he will not step down despite international calls after he lost the December 1st Presidential election to opponent Adama Barrow. He earlier conceded defeated and after a week, made a surprising U-turn by rejecting the results and declaring the results null and void, thereby violating the constitutions.
The Statement posted on the embassy Facebook page reads:
We are disappointed in President Jammeh’s televised remarks of December 20th in which he indicated that he is unwilling to abide by the will of the Gambian people and facilitate a democratic transfer of power. We fully support the Economic Community of West African States’ (ECOWAS) recent consensus declaration that it will support the people of The Gambia and seek to ensure that President Jammeh cedes power at the end of his term in January. We echo the ECOWAS call for President Jammeh to peacefully transfer power to his elected successor, Adama Barrow, in accordance with Gambian law.
We applaud the strong statement from ECOWAS, calling on President Jammeh to transfer power to his elected successor. We commend President Buhari and President Mahama for agreeing to serve as mediator and co-chair respectively of an ECOWAS mediation committee. We also commend all of the leaders of ECOWAS for their public commitment to attend the January 19 inauguration of President-elect Barrow.
We continue to believe that the outcome of the December 1 election reflects the will of The Gambian people. It is a profound demonstration of a leader’s strength and commitment to national unity, when he or she steps aside after losing in a fair and democratic election, such as The Gambia’s election.
We continue to call on President-elect Barrow and his supporters to engage with President Jammeh in a respectful manner and in accordance with Gambian and international law.
We also implore the Gambian security forces to continue to ensure peace in the country, protect all civilians, guarantee the safety and security of President-elect Barrow, and to respect the democratic transfer of power.
We strongly urge the Gambian security forces that entered the headquarters of the Independent Electoral Commission (IEC) on December 13 to withdraw and not to threaten or intimidate members of the IEC. We view this unnecessary and unprovoked show of force as a move to subvert the democratic process in The Gambia.
As we have said before, the United States condemns outgoing President Jammeh’s statements rejecting the December 1 election results, as well as the decision by Jammeh’s Alliance for Patriotic Reorientation and Construction (APRC) party to file a petition challenging the election before the Supreme Court. This action is an attempt to rewrite the results after Jammeh accepted them and pledged to respect the will of the people on December 2.
By Alhagie Jobe
Gambia Bar Association dissociates itself from Africa Bar Association
The Gambia Bar Association has issued a statement disassociating itself from the so-called Africa Bar Association actions and who’s President and some members are currently in The Gambia meddling in the political crisis in the country.
The Africa Bar Association President and other members on Monday ‘parachuted’ directly into the State House of The Gambia and met the outgoing President Yahya Jammeh, an action widely condemned by the judicial fraternity.
The Pan African Lawyers Union (PALU) also reacted to the action of the Africa Bar Association members saying they have nothing to do with it. The PALU further consider the Africa Bar Association to be a fraudulent organisation that does not represent anyone other than its few individual promoters; has no known membership on the African continent; does not speak for African lawyers or lawyers’ associations (Bar Associations and Law Societies) and has no known constituency.
In a statement read before the press on Thursday, Sheriff Tambedou, the President of the Gambia Bar Association said they are not connected or associated with Mr Hannibal Uwaifo and his organisation, the African Bar Association.
“The general public is hereby notified that this organisation does not represent all or any associations or bodies of African lawyers as its name suggests. The said African Bar Association is not connected or associated with the Nigerian Bar Association although its members are predominantly Nigerian. It also is not connected or associated with the Pan African Lawyers Union, the International Bar Association, the African Development Bank or related entities”, the GBA said.
According to GBA, the original African Bar Association that was formed in 1971 in Nigeria was dissolved and merged with associations all over Africa resulting in the creation of the Pan African Lawyers Union (PALU).
“PALU is the credible and most widely recognised legitimate representative of African lawyers and Associations. The organisation promoted by Mr Uwaifo since 2015 has previously attempted to inaugurate itself in The Gambia through a proposed ‘Rebirth’ conference” it stated.
The GBA said it could not in good conscience participate in such an event taking into account the lack of capacity, competence and resources from Mr Uwaifo’s team. “We therefore confirm that the Gambia Bar Association and its international partners have no connection or affiliation to Mr Uwaifo or his organisation” the Gambia Bar Association concluded.
By Alhagie Jobe
The Impact of Gambia’s predicament on our general well-being
The 22 years of Jammeh’s repressive rule, characterized by arbitrary arrests and detention, enforced disappearances, mass incarceration, torture, maim and killing of innocent citizens, came with serious consequences even to those not directly affected. Amongst all, killing is the worst and I have previously argued that Jammeh has killed more black people than the United states police and colonial slave masters combined. This claim was swiftly followed and validated by the revelation of Jammeh’s involvement in the illegal weapon smuggling to Southern Sudan, where countless people are currently being killed. No doubt these are all just a tip of the iceberg, shocked will be an underestimate of what we ll find when this monster is eventually removed. Overall, the consequences of living in fear, economic hardship, frustration and despair can be simplified into one factor – stress! That every patriotic Gambian both in country and abroad have been going through the past 22 years.
Stress could be defined as environmental insults that threaten our mental, emotional and social well-being. Its part of the daily routine of every adult, hence our body having a sophisticated mechanism in place to help us counteract it. This our body is able to cope with to a certain length of time, however, prolonged exposure to stress without relief or relaxation between episodes could have an adverse effect on our health. Common health problems associated with stress includes headaches, upset stomach, insomnia, worsening of certain already existing diseases/symptoms and hypertension. The latter, also known as high blood pressure, is what am most concern about because of the simple fact that is classed as one of world’s top ten killer diseases by the world health organization; and also the fact that it shows no symptoms which is why it is also called the silent killer. Africans are most susceptible due to our genetic make up and it imposes a huge economic burden on different countries. Prolonged stress, inflicted by Jammeh’s attitude towards our people, will invoke our body to respond by producing a hormone (chemical messenger) called cortisol, which promotes sodium retention, causing an osmotic pressure in the blood vessels, and eventually leading to hypertension. This is common to Gambian dissidents in the developed countries, and it is thus conceivable that its magnitude on our people in the country, being the ones feeling the absolute brunt of tyranny, coupled with lack of adequate health care and malnutrition, will be more severe.
The associated emotional and social consequences are also a serious problem on our people. It saddens me because Gambians are the best people a Know. They are descent individuals who do not deserve the treatments inflicted by their own government. Its true every society have their own problems, but Gambian’s are attributed to lack of education and depravation of information. The climate of fear has given the people no space to even voice out or speak to a relative about how they feel. For example, no one will dare have a funeral or even a gathering to recite qur’an for a loved one killed by Jammeh. More to the point, stress can cause emotional problems such as depression, anxiety and bipolar. Byproducts of stress hormones can act as sedatives (chemical substances which cause us to become calm or fatigued). When such hormone byproducts occur in large amounts (which will happen under conditions of chronic stress), they may contribute to a sustained feeling of low energy or depression. This further affect our social-well being and even to an extend of breaking relationships and marriage. Most partners will tell you they are not all that happy in their marriage as their partners are addicted to online radios, and listens to it to get their routine “hit” of stress. Our cultures and religions helps in this regard to maintain marriages, as divorce applications will hit the roof if we were people of western cultures.
It is good idea for us try attenuate these problems by understanding that Jammeh is done and he will NEVER be our president again past 18th January. We should be more engaged in other activities such as exercising regularly, eating healthy (low salt) and spending enough time with loved ones. We have won! And we are in one piece!
Moving forward, god came to our rescue finally and has given us the best leadership we could hope for. For a country coming from a 22 years of brutal dictatorship, it is blessed to be in the hands of a calm, collected and compassionate leader surrounded by competent and determined team members ready to deliver us to the promised land. Hon. Barrow, apart from unifying and helping to build stronger communities, institutional reforms, building the foundation for democracy, must put the broken health care system, that’s been ignored by the jammeh administration for two decades, an utmost priority to mitigate further loss of lives. A lot of our people are dying from preventable diseases.
He should promote primary, secondary and tertiary health care system that will not only safe lives but also increase a nationwide live expectancy from the current 60 to 75 years. Primary health care will aim at enlightening the people of diseases by creating health clubs, seminars, training first aiders, health and safety awareness and assessing traditional health practices and integrate good ones and try get rid of bad ones. Secondary health care will promote construction of hospitals in towns with a certain number of people, provide state of the earth laboratories and equiptment, adequately trained professionals, provide ambulances and ensure an affable health care service for all. Tertiary health care will create or at least revamp current five major hospitals (Banjul, Farafenni, Brikama Ba, Bansang and Basse) that will be equipped with accident and emergency, and intensive care unit. These might not be achieved but will be a start for subsequent leaders and in 10 years, Gambia will be created where citizens will live up to their full potential.
I have no doubt Hon. Adama will serve to our expectation in putting Gambia in the right direction and I commend him for his call to all inclusive Gambians workforce, and would love to see some of the resource rich diasporans going home to help, as I would love to see a new Gambia that is as strong as those who defend her. I am hopeful for my country!
God bless the Gambia.
By Yunus Hydara
Defiant President Yahya Jammeh got it all wrong in his address to the nation
In his address to the nation before a panel of African Lawyers, President Yahya Jammeh appeared erratic, broken, angry, defiant, betrayed and defensive about his decision to challenge the outcome of the elections.
To Gambians and non-Gambians alike, the man in that erratic and defiant tone on national television was a familiar face; a face of deceit, lies, greed, arrogance and disrespect for due process. From his rants about the election, to the principles of sovereignty regarding interventions by the Economic Community of West African States (ECOWAS) to the United Nations (UN), none of Yahya Jammeh’s remarks makes sense. The erratic leader’s remarks mark a sharp contrast from Gambian and international governance realities.
Regarding his reasons for shifting from conceding to challenging and annulling election results, Yahya Jammeh failed to realize that his actions constitute an abuse of legislative and executive power; an act of treason as most legal luminaries opined. Under the constitution, participating political parties can only file a petition to the Supreme Court to determine the validity of the election. And such petitions do not necessarily change the outcome of the election presented by the Independent Electoral Commission (IEC).
More baffling of all was Jammeh’s departure from his earlier assertion that the election process in The Gambia is by far the most transparent in the entire world. Jammeh’s departure from his own bragging lines and conceding defeat to transgressing constitutional procedures and principles confirms President Yahya Jammeh’s lack of respect for the people.
Reference to remarks on interventions by ECOWAS and the UN, little did Jammeh realize that there has been a change of policy on the meaning of sovereignty. The erratic president’s use of sovereignty and non-interference in dismissing calls to uphold election results is indeed a departure from contemporary meaning of sovereignty. Traditionally, the meaning of sovereignty was limited to non-interference, however, in contemporary terms sovereignty means responsibility to the people. President Jammeh got it all wrong.
By the dawn of the millennium, a response to the state abuse of power or reluctance to protect citizens in Rwanda and Srebrenica (just to name a few), triggered a new global initiative to draw the fine line between sovereignty, responsibility and intervention. In line with that thinking, former Secretary General Kofi Annan was among the first global citizens to plea to the international community to find a consensus on state sovereignty, responsibility and intervention.
In September 2000, the UN General Assembly established The International Commission on Intervention and State Sovereignty (ICIS). The commission comprising of twelve commissioners presented its report with the central theme “The Responsibility to Protect”
“The responsibility to protect is the idea that states have an obligation to protect their citizens from avoidable catastrophe when they are unwilling or unable to do so, that responsibility must be borne by the broader community of states”.
The shift from sovereignty in the context of control and non-interference to sovereignty in the context of responsibility strengthened intergovernmental provisions of good governance and the rule of law in numerous way. First, state authorities are now held responsible for functions of protecting citizens. Second, state authorities are directly accountable to citizens and the international community. Third, state agents are directly responsible for their very own actions. President Jammeh’s narrow perception of sovereignty and non- interference shows his lack of interest for the legitimate concern of citizens regarding good governance, security, opportunities and progress in a changing world.
Arguably, the principle of intervention, including military intervention is justified and supported when citizens are harmed or peace and security is threatened and the state is either unwilling or unable to protect citizens, or the state is the perpetrator. These are the basis on which ECOWAS, UN and AU intervention in Gambia is justified. It was the same basis on which ECOWAS intervened in Liberia, Sierra Leone, and Guinea Bissau.
In sum, President Yahya Jammeh got it all wrong in his address to the nation. Gambians have spoken well and President-Elect Adama Barrow is entrusted with the legitimate consent and mandate to be the President of the Third Gambian Republic.
The author is at Rutgers University, Newark Campus
By Professor Binneh S. Minteh
Building The New Gambia: Carry your flag!
After successfully staying at Home on December 20, now we go to next step.
Carry Your Gambia Flag from tomorrow December 22. Every day. Whether it is a small or big flag, or scarf or hat or shirt, just carry the Gambia flag. Fly the flag in your home. Place it on your desk. Hang it on your vehicle. Change your social media profiles to the Gambia colours. Red, White, Blue, White, Green.
Let the national colours show everywhere.
We want to show and carry our national colours to tell Yahya Jammeh that the African Bar Association cannot save you. Desperation has forced him to run to a bunch of corrupt foreigners to destroy our country, but we will not allow it. We will show him our national colours. Let us show him that we love the Gambia and the Gambia is as peaceful and beautiful as our national colours. Red, White, Blue, White, Green. Pure colours of God and humanity. Yahya Jammeh and the African Bar Association cannot soil these pure and serene colours of liberty, peace and justice.
Carry your National Flag from Tomorrow. Let us stand for the Gambia.
Dictators live and die with power. Dictators never ever willingly leave power until pushed out. Dictators have only one objective, which is remain in power till the end of time. Dictators are parasites like mosquitoes and amoeba.
The only reason Dictators do not leave power is because Dictators are afraid of accountability because the Dictator knows he has committed heinous crimes and atrocities. The Dictator knows he has stolen so much public wealth and he does not want to lose that wealth. This is why Dictators have never ever left power since the days of the Biblical/Quranic Pharaohs to Hitler to Saddam Hussein to Idi Amin to Blaise Campaore and now to Yahya Jammeh. They are of the same breed. Blood suckers!
Dictatorship is the acquisition and control of state power by a criminal. Dictatorship is a political system in which State Power is used as a tool to achieve economic objectives, illegally. This is why all Dictators are richer than their people. Dictatorship uses violence and deception to control his people and subject them to obedience and submission. So long as the people are not resisting the Dictator, then Dictatorship thrives on and on.
This is why civil disobedience is the strongest weapon against a Dictator. The use of legal, nonviolent and peaceful means of resistance kills the moral, legal and political power base of the Dictator. This is why each and every Gambian must be engaging in civil disobedience.
We must engage in civil disobedience in order to isolate and disempower Yahya Jammeh until he agrees to peacefully hand over power to Adama Barrow on January 19. Willingly or not. But certainly peacefully.
Let the flag fly!
By Madi Jobarteh
Building the new Gambia: The IGP must be seen to expand and protect human rights
The unconstitutional announcement by the Inspector General of Police on December 26 for individuals to obtain a permit before embarking on a ‘convoy’ is utterly unfortunate, unhelpful and a direct threat to the fundamental rights and freedoms of the people.
Section 25(d) of our constitution gives each and every Gambian, individually and collectively the freedom to assembly and to demonstrate peacefully without the use of arms. The exercise of such right does not in any way require the permission of the State and its agencies. But all State institutions and the Gambia Police Force in particular are expected to be present to protect the exercise and enjoyment of this right by citizens. Section 25 is an entrenched clause which means it is a provision which cannot be abrogated in any way by any authority, institution, individual or power in the Gambia except through the expressed will of the people of the Gambia in a referendum.
Hence for the IGP to issue such a directive is a direct violation of Section 17 of the Constitution, which places an obligation on the Executive as the chief protector of the rights of citizens. The Gambia Police Force and all officers of the force are an agency and employees of the Executive, hence they are equally obliged to protect rights and not to damage them. Rather than command citizens to seek a permit, the IGP Yankuba Sonko is expected to instead seek the cooperation of citizens in how best the police can serve them. Seeking the cooperation of citizens is not the same as requiring them to seek a permit first before they can enjoy their right.
I know the IGP is using the Public Order Act as the basis of his unfortunate announcement. Let me remind the IGP that the Public Order Act is a colonial law created in 1961 and then amended in 1963 by the colonialists for the purpose of limiting the freedom of Gambians to agitate for our freedom and independence. This colonial and draconian law was not touched again until in 2009 when the Dictator Yahya Jammeh amended it in response to the urge in citizens to agitate for their freedom following he 2000 student massacre and the 2004 murder of Deyda Hydara and the events surrounding the 2006 presidential elections and 2007 parliamentary elections. Because of the agitations of citizens and the fear of people gaining their freedom, the Dictator went back to the colonial period to fish out this draconian law in order to clampdown on the sovereign rights of Gambians.
Let us remind the IGP that a public servant and a security officer without political awareness is a potential criminal. Section 1 Subsection 2 of our constitution states that the sovereignty of the Gambia resides in the people of the Gambia. It went on to say that the State derives its legitimacy from the people and the State and all its officers perform their functions on behalf of the people and for the interest of the people. Hence each and every member of the State must see himself or herself as an instrument for the expansion and protection of the rights and freedoms of the sovereign people of the Gambia. No public officer or security officer must therefore allow himself or herself to be used as a tool to limit the freedoms of the people.
The IGP must realize that he must not therefore curtail fundamental constitutional and sovereign rights of citizens on the basis of a law that was the imagination and invention of colonialists. We cannot be said to be an independent and sovereign republic yet we continue to employ colonial laws and institutions to injure citizens.
The Public Order Act is an illegal and unconstitutional law because it directly violates the constitution in all respects. Section 4 of our constitution states that the constitution is the supreme law of the land.
“This constitution is the supreme Law of The Gambia and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.”
This clearly shows that the Public Order Act is wholly and totally in contravention with Section 25(d) of the 1997 Constitution hence it is an illegal law.
What we expect the IGP to do is to deploy more traffic officers and general duty police officers to assist in the expansion and protection of the rights of the people. The Gambia Police Force should be seen as an institution that supports the people enjoy their right and not to curtail our rights. This period is a festive season in all parts of the world, particularly in the Gambia. Our people do not have to seek a permit first in order to enjoy the full expanse and time of their God given country. We must be able to enjoy ourselves in line with our constitution. In that case we only expect the entire State machinery to be a tool to facilitate the enjoyment of constitutional rights and not a tool to stop us from enjoying our constitutional rights.
Finally, let me inform IGP Sonko that a new Gambia has emerged. Let all public servants and security officers realize that. Let them make themselves the true servants of the people and not oppressors of the people. The Gambia is taking record and we shall hold each and every public servant and security officer to account on the basis of one’s actions. No security officer or public servant can defend oneself on the basis of carrying out an order. All security officers must realize that they are not bound to carry out any unlawful order, but they must be seen to stand with the rights and freedoms of the people.
I wish to put it to IGP Yankuba Sonko to therefore withdraw his unconstitutional announcement with immediate effect and deploy the full resources of the Gambia Police Force to enable Gambians enjoy their full constitutional rights. Failure to do that, IGP Sonko is therefore violating our constitution and the rights it has conferred on us. For that matter, IGP Sonko is therefore breaking the law and he must be held to account for such illegal action at the right time.
Forward with the Gambia
By Madi Jobarteh