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OPINION ON THE DECEMBER 1ST 2016 PRESIDENTIAL ELECTIONS by two outgoing students of The Gambia Law School (patiently awaiting Call to The Gambian Bar, hopefully, as soon as the current impasse ends)

“Acceptance-… the electoral processes reflect the will of the people. It is then an overriding principle of Electoral Justice that everyone abides by the outcome; that the outcome be given effect by the institutions of government; and that the legitimacy of the results be acknowledged by the international community.”
Per Adinyira Mrs JSC Ghana Supreme Court in Nana Addo Dankwa Akufo Addo & Ors v John Dramani Mahama & Ors

 

On the 1st December 2016 the people of the Republic of The Gambia went to the polls to elect a President as provided for under Section 46 of the 1997 Constitution. On the 2nd December the Independent Electoral Commission announced the results of the elections and out of the three Presidential Candidates Adama Barrow was declared the duly elected winner. The Outgoing President and head of the APRC Party, called the President Elect Adama Barrow, on national television to congratulate him on his victory. He offered to work with the President Elect and his team within the 60 days prior to his inauguration to foster a smooth transition. However on the 9thof December 2016, the Outgoing President announced on state television that he is rejecting the election results and went on to declare the elections a nullity. He further stated that the people of the Republic of The Gambia would go back to the polls for fresh elections, as he believed that the election conducted on the 1st December 2016 was not free and fair, despite his previous acceptance of the results.

The above scenario poses a real threat to the democratic process in the Gambia, and raises a lot of legal and constitutional issues of concern, which are of both national and international interest to all citizens of The Gambia and the international community as whole. For those who ask the question, why should the international community be interested in a matter of national interest to The Gambia? Our answer is that, any threat to peace and security in any part of the world, poses a real threat and undermines the peace and security of the world at large. Thus, the need for sub-regional, regional and global mechanism to curb any such threats wherever they occur in The World. In this global and interdependent world that we all live today, it is only those with limited knowledge of world affairs that would ask such a naive question!

It is indeed alarming and worrying that a professional lawyer from a sister jurisdiction like Senegal does not appreciate that Senegal and Gambia are bound together by a common history, interest, and geography. So much so that when any one country sneezes the other catches a cold.

As young aspiring lawyers, who have just successfully completed our Bar Vocational Training at the Gambia Law School, awaiting our Call to Bar Ceremony, we deem it necessary to lend our modest knowledge and expertise, acquired during the course of our legal training, to address certain legal issues that have arisen since the December 1st Presidential election. The issues raised and addressed are not meant to pre-empt any pending legal process, but to educate the general public in the face of misinformation and grave intellectual dishonesty being perpetrated by a so-called expert in both civil and common law, as alleged. (We are yet to see any proof of such expertise, especially judging from the irresponsible utterances being made by this so-called expert. We wish to submit that even a first year student of Constitutional law should know that submission made by this person, who for all intent and purposes, is an apology to humanity, are false, erroneous and calculated to mislead the public. !

  1. CAN A PRESIDENT NULLIFY ELECTORAL RESULTS BY A MERE DECLARATION

1.1 Section 46 of the 1997 Constitution provides that “there shall be an election for the office of the President in the three month before the expiration of the term of the incumbent President. The dates for the nomination of candidates and for holding the election shall be determined by the Independent Electoral Commission.”

1.2 Section 49 further states that “Any registered political party which has participated in the Presidential election or an independent candidate who has participated in such an election may apply to the Supreme Court to determine the validity of the election of a President by filling a petition within ten days of the declaration of the result of the election.”

As such, given that the Constitution is the supreme law of the land, (See Section 4 of the Constitution), it is absolutely clear that the Outgoing President’s statement made on the 9th December 2016 declaring the December 1st Election null and void has no legal basis and is tantamount to an abrogation of the Constitution, thus amounting to treason under Section 6 of the Constitution. Section 49 of the Constitution should be interpreted to mean that, if any Presidential Candidate is aggrieved by the results declared by the IEC, the only option available is to challenge the results by filing a petition at the Supreme Court. Thus it is only the Supreme Court that can

  • declare an election results valid or otherwise
  • Order fresh elections or a rerun

The above clearly illustrate that no other body, person, or authority can declare a duly held election a nullity or order a fresh election. This can only be done by a Judgment of the Supreme Court, presided over by the Chief Justice and four other justices of the Supreme Court.[1] As in the case of Col. Dr. Besigye Kiiza v Museveni Yoweri Kaguta & Anor (Election Petition No.1 of 2001) where the Supreme Court held that the election conducted in Uganda in 2001 was not free and fair and consequently the results were nullified. Also in Kwijuka v Electoral Commission & Anor (Election Petition No. 007 of 2011) where the Supreme Court held that even though there were failures to comply with the provisions and principles of the Election Act it did not affect the results of the Presidential Elections in a substantial manner; as such the petition was dismissed. See also Nana Addo Dankwa Akufo Addo & Ors v John Dramani Mahama & Ors (Incidentally, the First Respondent is the Former President of Ghana, who recently handed over power, peacefully and with admirable candor, after losing democratically held elections in Ghana).

THE ANSWER TO THIS FIRST QUESTION IS THEREFORE AN EMPHATIC NO!

  1. WHAT IS THE ROLE OF THE IEC UNDER THE CONSTITUTION

2.1 The functions of the IEC are spelt in Section 43 of the Constitution as follows:

  • “Subject to the provisions of this Constitution the Independent Electoral Commission shall be responsible for-

“(a) the conduct and supervision of the registration of voters for all public elections and the conduct and supervision of all public elections and referenda;

(b) the conduct of the election of a speaker and a Deputy Speaker,

(c) the registration of political parties;

(d) ensuring that the dates, times and places of public elections and referenda are determined in accordance with law and that they are publicised and elections held accordingly;

(e) ensuring that candidate in elections make a full declaration of their assets at the time of nomination. “

Subsection (2) further provides that, The Commission shall announce the results of all elections and referenda for which it is responsible.

It is pertinent to note that subsection (3) clearly provides that “In the exercise of its functions under this Constitution or any other law, the Commission shall not be subject to the direction or control of any other person or authority.”

Thus the IEC has a fundamental constitutional obligation to remain independent in performing its functions under the Constitution. When undertaking its mandate, the IEC is not subjected to the direction and the control of any person or authority.[2] This is to ensure that there is neutrality and impartiality in the process.

 

  1. DOES THE FILING OF A PETITION BEFORE THE SUPREME COURT AFFECT THE VALIDITY OF ELECTORAL RESULTS DECLARED BY THE IEC

3.1 In law there is a general presumption of the regularity and legality of the acts of public officers until the contrary is proven, (Omnia Praesumuntur rite esseacta). Furthermore, the Evidence Act, 1994 provides in Section 156 (1) that “When any judicial or official act is shown to have been done in a substantially regular manner it is presumed that formal requisites for each validity were complied with.” Section 156 (2) further provides that “When it is shown that a person acted in a public capacity it is presumed that he or she has been duly appointed and was entitled so to act. “Therefore, the official results declared by the IEC remain valid, legal and subsist, unless the Supreme Court declares it otherwise. This same position was taken in the case of Nana Addo Dankwa Akufo Addo & Ors v John Dramani Mahama & Ors in interpreting Article 63(9) which is the same as Section 156 (1) and (2) of the Gambian Evidence Act. It was rightfully held that the legal effect of the said provision is that “unless contrary is proved the President is presumed to have been validly elected.” As such the party who filed a complaint has the burden to rebut the presumption.[3] And whether the presumption has been properly rebutted is a matter for determination by the Supreme Court as duly and fully constituted. In other words, the presentation of the petition before the Supreme Court does not have any effect on the validity of the election result. If the filing of a petition invalidates the election result, then what is the need for a trial?

  1. DOES THE FILING OF AN ELECTION PETITION BEFORE THE SUPREME COURT HAVE ANY IMPACT WHATSOEVER ON THE INAUGURATION OF THE PRESIDENT ELECT?

4.1 Section 63(1) of the Constitution provides that the term of office of the President is 5 years. Section 63 (2) of the Constitution clearly provides that a duly elected President shall take the prescribed oath and assume the day the term of the incumbent President expires. A petition filled by any aggrieved party does not and should not abrogate these provisions of the Constitution. Section 4 of the 1997 Constitution clearly provides that the Constitution is the Supreme law of the land.

4.2 Failure to inaugurate the duly elected President in accordance with Section 63(2), would extend the term of the President in clear and manifest violation of Section 63(1). On the basis of the full power and Constitutional authority of the IEC, and the fundamental presumption of legality, the President Elect should assume office irrespective of any pending petition before the Supreme Court. In other words the filing of a petition before the Supreme Court does not in any way affect the inauguration of the President Elect. It is pertinent to note that the powers and jurisdiction of the Supreme Court under the Constitution do not include;

  • the power to declare any person duly elected, it is only the IEC that has such a power under the 1997 Constitution.
  • the power to restrain by any means the inauguration of the President Elect, contrary to the express provisions of the Constitution.

4.3 Can An Order Be Given By Any Authority To Stay The Inauguration– The granting of an order or injunction or directives from any person or authority to halt or suspend or postpone the inauguration will have the effect of violating the provision of section 63(2) of the Constitution. The court must avoid acts or omissions, which will affect or paralyze a clear provision of the Constitution. In the case of JH Mensah V Attorney general (1996- 97) SC GLR 320 provides clear guidelines on how a constitutional matter should be dealt with as follows; “the principle of constitutional interpretation is that the constitution be construe as a whole so that its various parts work together in such a way that none of them is rendered otiose.”

4.4 Furthermore there is ample precedence to establish that the filing of an Election Petition does not affect the Inauguration of a President Elect. We can take inspiration from previous election petitions filed in The Gambia, which in no way affected the inauguration of the President elect at the time. In the election petition case of Nana Addo Dankwa Akufo and others V JH Dramanimahama and others, the filing of the petition did not prevent the President Elect from assuming office. The Petition was fully determined and disposed of six month after the inauguration of the President Elect.

4.5 It is also pertinent to note that an Election Petition is not similar to other initiating processes. Such a Petition does not only affect the rights of two individuals, but is indeed a matter of Constitutional importance affecting the democratic governance of a nation. Courts would therefore shy away from issuing interlocutory Orders that would tantamount to subversion or abrogation of the Constitution, without hearing the substance and full merit of a case. See Peters v Attorney-General (2002) 3 LRC 32 C.A., Trinidad and Tobago at 101 Sharma J.A Said:

“An election petition is not a matter in which the only persons interested are candidates who strive against each other in elections. The public are substantially interested in it and that it is an essential part of the democratic process. It is not a lis between two persons, but a proceeding in which the constituency itself is the principal party interested. The characteristics of an election petition are fundamentally different from civil proceedings. Hence for example there was the need for special rules concerning, for example, the notice and publication, which is outside the courts ordinary jurisdiction and procedures. An election petition is quite unlike any of the initiating proceedings in the High Court. It is not a writ, or originating summons, nor is it in any way close to say a petition in bankruptcy or a petition for divorce, which respectively have their own rules of procedure. In a sense an election petition can be described as sui generis.”

  1. CAN THE NATIONAL ASSEMBLY OR ANY OTHER BODY OR AUTHOURITY EXTEND THE TERM OF A PRESIDENT

5.1 The term of the President is provided for in Section 63(1) 0f the Constitution. This Section falls under the entrenched provisions of the Constitution, which can only be altered following the very strict procedures and guidelines set out under the Constitution. (Section 226 (4) and (7) of the Constitution) For the avoidance of any doubt, the power to extend the term of the President resides in the Sovereign will of the Gambian people, through a referendum conducted by the Constitutionally mandated body i.e. the same IEC. THEREFORE THE NATIONAL ASSEMBLY CAN ONLY DO SO SUBJECT TO THE SOVEREIGN WILL OF THE GAMBIAN PEOPLE, THROUGH A REFERENDUM, DULY CONDUCTED BY THE IEC!

  1. WHAT IS THE EFFECT OF CORRECTION OF ERRORS THAT DO NOT AFFECT THE REAL OUTCOME OF AN ELECTION

6.1 Election officials are human beings and as the saying goes, “ To err is human and to forgive is divine” Therefore any irregularities or errors that do affect the outcome of the results will not vitiate or nullify the Election, especially such errors can be easily rectified pending final declaration of the results by the IEC. In the Canadian case of Opitz v. Wrzensnewskyj 2012 SCC, the court said as follows:

“The practical realities of election administration are such that imperfections in the conduct of elections are inevitable … A federal election is only possible with the work of thousands of Canadians who are hired across the country for a period of a few days or, in many cases, a single 14-hour day. These workers perform many detailed tasks under difficult conditions. They are required to apply multiple rules in a setting that is unfamiliar. Because elections are not everyday occurrences, it is difficult to see how workers could get practical on-the-job experience… The current system of electoral administration in Canada is not designed to achieve perfection, but to come as close to the ideal of enfranchising all entitled voters as possible. Since the system and the Act are not designed for certainty alone, courts cannot demand perfect certainty. Rather, courts must be concerned with the integrity of the electoral system. This overarching concern informs our interpretation of the phrase “irregularities …that affected the result.”

6.2 Halsbury’s Laws of England 4thEdition, Volume 15(4) atparagraph 670, states that

“No election is to be declared invalid by reason of any act or omission by the returning officer or any other person in breach of his official duty in connection with the election or otherwise of the appropriate elections rules if it appears to the tribunal having cognizance of the question that the election was conducted substantially in accordance with the law as to the elections, and that the act or omission did not affect the result. The function of the court in exercising this jurisdiction is not assisted by consideration of the standard of proof but, having regard to the consequences of declaring an election void, there must be a preponderance of evidence supporting any conclusion that the rule was affected.”

  1. CONCLUSION

The IEC is the body mandated by the Constitution to conduct Election and declare results of all elections conducted under the Constitution including election to the Office of the President. The Independence of the IEC must be respected in accordance with Section 43 of the Constitution. Any process to review its decisions must follow the strict provisions of the Constitution and nothing more. As highlighted earlier, Per Adinyira Mrs JSCthe electoral processes reflect the will of the people. It is then an overriding principle of Electoral Justice that everyone abides by the outcome; that the outcome be given effect by the institutions of government; and that the legitimacy of the results be acknowledged by the international community.”


[1] Section 125

[2] Section 42(1)(e)(3)

[3] Section 141 of the Evidence Act

Mass Arrests Of Military Officers in Banjul

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A team of military police personnel led by Lt. Nuha William Jammeh, officer commanding Military Police Sunday evening rounded up senior military officers at the Fajara barracks. The officers, Captain Babucarr Bah alias ‘Van damme’ and Captain Demba Baldeh alias ‘Mbarode’ were both arrested on allegation of showing allegiance to President Elect, Adama Barrow.

Later on, more arrests were conducted and among those arrested are Col. Hena Sambou, Lt. Col seedy joof, Lt. Col. Mai Touray, Major Yusupha Jammeh, Warrant Officer Class One Bangally S, Warrant Officer Class One Nfansu fofana, Warrant Officer Class One MB Sarr, Sgt Kemo Manneh and ex Staff Sergeant Dodou Touray.

Security sources have informed us that five of those arrested are held at The headquarters of The National Intelligence Agency in Banjul.

Meanwhile, the barracks have been put on alert after word went out that there could be an attack led by one of the generals.

Jammeh phoned Sirleaf live on TV begging, calling her ‘My sister’

Gambia’s paranoid outgoing President Yahya Jammeh on Sunday made another surprising appearance on national television, this time on live phone call with ECOWAS Chair and Liberian President Ellen Johnson Sirleaf and begging her and the sub-regional body to facilitate the availability of Supreme Court judges to look into his election petition.

Mr Jammeh also reminded Madam Sirleaf of an interlocutory injunction he filed in court against the planned inauguration on the 19th January of President-elect Adama Barrow to be stopped.

The preparedness by Gambians to inaugurate President-elect Barrow on January 19th, despite Jammeh’s defiance prompted gives him sleepless nights prompting his phone called on President Sirleaf.

Mr Jammeh who remained defiant of not stepping down after losing an election is condemned by the international community for such an action and called on him to hand over power peacefully when his term ends on January 19th. So far, the African Union has announced it will cease to recognize him as legitimate president of The Gambia after January 19th when his term expired.

ECOWAS which he earlier insulted and described as bias is mediating the political crisis and had visited the country twice but all efforts failed as Mr Jammeh insisted on his court petition to be respected when he personally refuses to respect the will of the people.

The country’s Chief Justice has already announced that the said petition could not be heard until May as there are no sufficient judges to constitute the Supreme Court which has not been functional for the past two years.

With absolute fear and paranoid on his face, Jammeh who disrespectfully put his phone conversation with President Sirleaf live on State TV, falsely reiterated what he called ‘his continued commitment to the peaceful resolution of our political situation’, netting the confines of our constitution and other laws of the Islamic Republic of the Gambia.

“I want to confirmed to you that I have filed an application for an injunction to restraint Mr Adama Barrow from being sworn in as well as restraint the Chief Justice and any other party from swearing in Mr. Adama Barrow until the application is decided by the Supreme Court of the Gambia and until then the status quo remain” he said.

Mr Jammeh then appealed to the Madam Sirleaf who is the Chair of the ECOWAS Authority of Heads of State and Governments to help and urgently facilitate the availability of Supreme Court judges before the supposed inauguration date of Adama Barrow on January 19th.

“In our Constitution, the so-called deadline of 19th January 2017 is not cast in stone and all parties shall await the outcome of the decision of Supreme Court” he said.

In reply, President Johnson Sirleaf ordered him to put out a statement and appeal to ECOWAS to that effect saying she will communicate to all leaders as soon as possible. “All we want is peace in The Gambia. Let there be peace and the matter resolve peacefully” Sirleaf told Jammeh who swallowed his pride by replying only “Yes My Sister, thank You Madam, I will do that My Sister”.

Shortly after the phone conversation, Jammeh issued another short statement on national television ‘allaying fears on Gambians that there will be no violence’. He said this matter shall be resolve peacefully and constitutionally.

“I ask all Gambians and those residing in The Gambia to go about their businesses. I assure you all that Inshallah, the Gambia shall remain in peace, security and stability” he concluded.

Meanwhile, thousands of Gambians continue to flee out of the country in the past days to seek refuge in neighbouring Senegal for fear of imminent violence amidst the political impasse.

President-elect Barrow is yet to return to The Gambia after attending the Mali Africa-France Summit. He was diverted to Senegal under ECOWAS request and accepted by President Macky Sall who agreed to host him until the inauguration day of January 19th for his protection.

Kombo Central & Basse MPs vow to boycott Assembly session

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The National Assembly Members for Kombo Central and Basse Constituencies have vowed to boycott the Extra Ordinary Session of the National Assembly slated on Monday, 16th January.

The two independent parliamentarians called on their colleagues to respect the verdict of the Gambian people and abstain from any illegality.

Last Saturday, the Office of the Clerk of the National Assembly announced that it is convening an extra ordinary Session for 2017 from Monday January 16-18 to discuss and approve issues of national interest, urging all National Assembly members to attend.

“I am not going to be part of anything that will be against the interest of the Gambian people. I am not going to legitimize it. Whatever the outcome of the session would not be the interest of the Gambians,” said Hon. Buba Ayi Sanneh, NAM for Kombo Central.

Honourable Sanneh called on the National Assembly Members of the ruling APRC Party to save their honour and dignity for the last time. He said the noble house of the National Assembly is meant to serve the interest of the Gambian people, adding that they are elected by the Gambian people and should represent their interests.

“Whatever decision we make against the verdict of the Gambian people would be a gross violation of the Constitution,’ Hon. Sanneh said.

Hon. Muhammed Magassey, National Assembly Member for Basse Constituency also said he is not certain to attend the session. ” I am not certain I would not attend the session tomorrow, ” Hon. Magassey said.

The Basse Constituency MP said he does not know the agendas on the table as he was not officially informed. He said he only heard the announcement like any other person.

Meanwhile, its reported that outgoing President Yahya Jammeh allegedly wants to take advantage of his party’s majority in the National Assembly to extend his term that would expires on the 19th January.  But it is also said the National Assembly does not have the Constitutional mandate.

Banjul Mayor Abdoulie Bah Absconds

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The Lord Mayor of Banjul, Abdoulie Bah has absconded in the early hours of sunday, January 15. According to family sources, The Lord Mayor  received a tip off from a credible member of the National Intelligence Agency (NIA) that out going President, Yahya Jammeh has given directives for his arrest.

Relationship between Jammeh and Mayor Bah turned sour after Bah paid a courtesy call on President Elect Adama Barrow. During that meeting Bah was quoted as saying that President Elect Barrow is the choice of the people, affirming his support for him.

Bah is said to have arrived in a neighboring country where is currently receiving great care from his hosts.

Abdoulie Bah is an independent candidate who has been mayor of the capital since 2013 after winning the ruling party’s candidate.

It could be recalled that Jammeh lost in Banjul during the December 1 polls.

CDS Badjie Receives Holy Communion At Catholic Church

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The Chief of Defense Staff of The Gambia Armed Forces, General Ousman badjie, Sunday January 15 received holy communion at the Saint Theresa’s catholic church in Kanifing according to eye witnesses. ‘The CDS walked into the church, joined the congregation and later walked to the altar to receive the holy communion’ an eye witness told The Fatu Network this morning from Kanifing.

Many were said to have been shocked upon seeing him at the church at that time of the morning more so receiving a communion. Our sources say it could that the lady who handed it to him does not know he is muslim. The CDS was also given a hand bible to read while he was in church.

The drama that unfolded in Kanifing today got many Christian brothers and sisters shocked and worried about the mental status of CDS Badjie. ‘He has been acting strange recently since his appearance on state TV with loads of ‘Jujus’ around his neck’ a source said.

Ousman Ndow illegally detained at Yundum Barracks

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Ousman Ndown was arrested Thursday, January 9, 2017 at his home by seven personnel of The Gambia Armed Forces. He was whisked away immediately in a waiting vehicle to The Yundum Barracks close to The Banjul International Airport.

Ousman a manager at The Joint Officers Mess in Kotu was recently dismissed from his job without any reason forwarded to him. As part of his job, he was tasked with making bookings for wedding parties, receptions and private parties at the Officer’s Mess located in Kotu. The place referred to as ‘Little America’ was the home of former foreign exchange manger at The Central Bank, Lang Conteh who is currently serving a two year jail term after he fell out with dictator Yahya Jammeh for the second time. The property was seized from him in 2004 after he was charged with economic crime which was said to have caused the state a staggering $74 million US dollars.

Sources say Ousman’s passport and laptop were requested by security personnel Friday but could not confirm whether the items were delivered or not. ‘ I can confirm to you that I saw Ousman last night at the military police section of the Yundum Barracks, but please do not reveal my identity’ a source disclosed.

The Fatu Network is working with security sources to bring you updates on why Ousman Ndow was arrested in the first place and if he has been tortured already by the men who picked him from his home.

US Gov’t officials harassed by security agents

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Security sources have informed The Fatu Network about a diplomatic incident that happened few days ago involving US Government officials and security agents from both The National Intelligence Agency (NIA) and The Gambia Armed Forces (GAF).

According to sources, security agents complained about the presence of US government officials in the country who are said to have traveled to Banjul recently on a mission. The agents wanted to know why they are in the country and what their mission is. The officials were said to have been approached at The Coco Ocean Resort and Spa by NIA agents who insisted on knowing why they are in the country,

Officials at the state department were said to have intervened and explained to Gambia Government officials that  the US officials are in the country to work with The US Embassy and that their presence do not have anything to do with the current political situation in the country. ‘The Embassy was almost closed, because The US is not ready to accept Jammeh’s nonsense anymore’ a security source told The Fatu Network

Meanwhile, the said officials are said to have vacated The Coco Ocean and are currently in two different locations within the greater Banjul area. Out going President Jammeh’s insecurity according to a source almost got The US Embassy in Banjul closed.

Camerawoman Who Kicked Migrants on Hungarian Border Gets Probation

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by ALASTAIR JAMIESON:
A camerawoman who was filmed kicking migrants has been sentenced to three years’ probation for disorderly conduct.

Petra Laszlo, who gained worldwide notoriety after the Sept. 8, 2015 incident, told a Hungarian court she became frightened when migrants broke through a police line and rushed forward, jostling members of the media.

The incident occurred near Hungary’s border with Serbia, as thousands of migrants from the Middle East and beyond were traveling on their way to western Europe.

“It was all over within two seconds,” Laszlo said. “Everybody was shouting. It was very frightening.”

However, Judge Illes Nanasi said her behavior “ran counter to societal norms” and said the facts of the case did not support her self-defense claim.

Laszlo, who subsequently fired by internet-based N1 TV, was in tears as she addressed the court via a remote video link on Thursday.

She said she had received death threats after the incident and feared for her safety, Hungary news site Index reported.

The court carried out a frame-by-frame examination of Laszlo’s actions during the 2015 melee, and found she had kicked a young girl and an older boy.

However, it couldn’t establish for certain that she was responsible for tripping Syrian soccer coach Abdul Mohsen, who was later offered a job at a Spanish sports academy.
Laszlo hopes to be cleared on appeal, her attorney, Ferenc Sipos, told The Associated Press.

“It is not a crime if somebody acts to defend herself … she was in danger, and she tried to avert this danger with her actions,” he said.

Nearly 400,000 migrants and refugees passed through Hungary in 2015. The flow slowed to a trickle after Prime Minister Viktor Orban ordered razor-wire fences to be built along Hungary’s southern border and beefed up laws to prevent illegal border crossings.

Senegal hosting Barrow until inauguration day

Senegalese President Macky Sall on Saturday in Bamako agreed to accommodate Gambia’s President-elect Adama Barrow in Dakar and provide him security until his inauguration day next week, the Senegalese news agency APS is reporting.

Mr Barrow has since arrived arrived in Dakar early Sunday shortly after midnight, source said.

Mr Barrow’s divertion to Senegal while returning from the 27th France-Africa summit under the theme of partnership, peace and emergence, was at the request of the Chairwoman of the Authority of Heads of States of ECOWAS and Liberian President Ellen Johnson Sirleaf.

According to APS, Senegalese President Macky Sall responded favorably to the request of his Liberian counterpart and agreed to host President-elect Barrow until the inauguration day when he will be safely escorted to Banjul and inaugurated officially.

Meanwhile, it is reported that ECOWAS will continue its efforts for a peaceful transfer of power, with the aim of convincing outgoing President Yahya Jammeh to leave power peacefully until on 18th January, the evening of the official end of his mandate.

The sub-regional body tasked Nigerian President Muhammadou Buhari accompanied by Ghana’s former President John Mahama and Liberian Ellen Johnson Sirleaf to mediate the political crisis. They have visited the Gambia on two occasions but both talks failed.

On Thursday, the UN Security Council renewed its request to outgoing President Jammeh to respect the sovereign choice of the people of The Gambia and to transfer the power unconditionally and without delay to the elected President-elect Adama Barrow.

The African Union which supports this mediation also called on outgoing President Jammeh to hand over power peacefully saying it will cease to recognise him as Gambia’s legitimate president as of January 19th, when his term ends.

In a statement issued after its 647th meeting held on 13th January 2017, in the Ethiopian capital, Addis Ababa, its Peace and Security Council also warned of “serious consequences in the event that his action causes any crisis that could lead to political disorder, humanitarian and human rights disaster, including loss of innocent lives and destruction of properties”.

ECOWAS chiefs of Defence Staff meet on Gambian political impasse

West African military chiefs on Saturday met in the Nigerian capital Abuja as they prepare for a possible military action in The Gambia.

Nigerian Chief of Defence Staff (CDS) General Abayomi Gabriel Olonisakin hosted the ECOWAS CDS’s at the Defence Headquarters, (DHQ) Abuja to discuss ways and efforts to mitigate the political impasse in Gambia following the refusal of President Yahya Jammeh to hand over power to the president elect, Adama Barrow after he lost the December 1 2016 election.

While welcoming the participants and ECOWAS officials to DHQ, General Olonisakin expressed the readiness of regional leaders and military commanders to continue the pursuit of dialogue with the political leaders of Gambia and ensure peaceful transition of power in accordance with the Gambian’s constitution and the peoples will.

Notable dignitaries at the event included the chairperson of ECOWAS CDS, General Ziankahn of Liberia, General CH Gueye of Senegal ECOWAS Commissioner for Political Affairs Hajiya Salamatu, Gambian-born Vice President of the Commission, Edward Singhateh, the Ghanian Chief of Defence Staff and Principal Staff Officers from Defence, Army, Navy, and Air Force Headquarters.

Due to security reasons, there was no information released at the end of the meeting.

DR Congo boycott training in bonus row at AFCON

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The DR Congo squad boycotted their training session on Friday, just three days before their opening match at the Africa Cup of Nations.

The players are protesting over reduced bonus payments for the finals in Gabon as well as payments owed from 2015.

“This has been happening for years and years. We always prepare well but there is always a problem with bonuses,” said Norwich midfielder Youssouf Mulumbu.

DR Congo are scheduled to play Morocco on Monday in their first Group C match.

The Leopards reached the semi-final at the Nations Cup two years ago in Equatorial Guinea and finished in third place.

But the players insist they have yet to receive their financial rewards for the achievement.

DR Congo’s sports minister Willy Bakonga has led a delegation of 100 officials to Gabon to resolve the problems.

He told Congolese radio: “When we arrive we will talk with them (the players). We will be together so there is no problem since the bonuses are already there. We’ll give them to them.”

DR Congo’s Everton winger Yannick Bolasie, who is missing the Nations Cup because of injury said “It is not a great situation because as a player you want to be focused on the first game.

“If three days before the first game you are concerned about not being paid and you are boycotting training, what kind of preparation is that?

“Even once you do get paid you can’t just switch your focus and think everything is all right. You need three or four days to prepare – it is crucial.

“I understand the issues because I have been through it. When I have been with the squad I’ve tried to block it out because I don’t want it to affect my game.

“This is the first time I am seeing the situation it from the outside the outside and it is really disturbing. The government should have sorted the issues so that everything is smooth.

“The player just want to be able to concentrate on the game but they haven’t had the chance to do that.”

Guinea Bissau deny hosts Gabon as Cup of Nations begins

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Minnows Guinea-Bissau made it a memorable start to the Africa Cup of Nations as a late Juary Soares equaliser saw them hold hosts Gabon to a 1-1 draw in Saturday’s opening game.

Soares headed home for the tournament debutants in the 90th minute to cancel out Gabonese poster boy Pierre-Emerick Aubameyang‘s opener in the Group A game at the Stade de l’Amitie in capital Libreville.

The final whistle was greeted with jeers from the home support but there was delight for Guinea-Bissau, for whom just being at the tournament is a remarkable achievement.

Four-time winners Cameroon, who have been hit by a raft of withdrawals, and 2013 runners-up Burkina Faso were set to meet at the same venue at 1900 GMT knowing a victory would leave them on top of the section after the opening round of games.

After an opening ceremony in which French rapper Booba was the star turn, Gabonese President Ali Bongo declared the tournament officially open.

Bongo was accompanied by his counterpart from Guinea-Bissau, Jose Mario Vaz, and Issa Hayatou, the veteran head of the Confederation of African Football, at the 40,000-capacity stadium.

There have been calls from opponents of Bongo to boycott the tournament amid a social and political crisis in the central African country of 1.8 million people, and the ground in Libreville was not completely full for the occasion.

Supporters of Jean Ping, who insists he should have won last year’s contested presidential election rather than Bongo, had planned a protest in central Libreville to coincide with the opening game.

Those who wanted to see the host nation get off to a winning start in the 60th anniversary Cup of Nations were to be disappointed.

After a first half that failed to catch fire, Gabon came to life in the second half and opened the scoring in the 52nd minute.

The Guinea-Bissau defence failed to clear their lines and talented winger Denis Bouanga’s low ball to the back post was converted by Borussia Dortmund star Aubameyang, to the delight of the home fans.

However, Gabon began to sit back and Guinea-Bissau had opportunities to equalise towards the end, with Rudinilson Silva and substitute Frederic Mendy both coming close.

They looked to have blown their chance, but they drew level in the final minute, Soares getting in front of Bruno Ecuele Manga to head home Zezinho’s free-kick and allow the ‘wild dogs’ to claim a point from their first ever match at the Cup of Nations finals.

The Cup of Nations features 32 matches and runs until February 5, when the final will be played in Libreville.

Games will also be played in Oyem, Port-Gentil and Franceville, where the Algeria of newly-crowned African player of the year Riyad Mahrez meet outsiders Zimbabwe and Tunisia take on Senegal in Group B on Sunday.

Senegal have never won the Cup of Nations but arrived in Gabon as the top African side in the FIFA rankings and are one of the favourites this time around.

A star-studded side notably containing Liverpool winger Sadio Mane is determined to make up for their poor showing at the last Cup of Nations two years ago in Equatorial Guinea, when they were eliminated in the group stage.

“We have an obligation to make up for what happened. What we did was not great given the expectation of the Senegalese people. We are here to do better than in 2015,” declared skipper Cheikhou Kouyate, of West Ham United, on Saturday.

Reigning champions Ivory Coast begin their defence of the trophy against Togo in Group C on Monday.

AFCON 2017 opens in Gabon

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The Africa Cup of Nations opened Saturday in the Gabonese capital Libreville. It is the 31st edition of the Africa Cup of Nations, the prestigious continental football competition.
The Africa Cup of Nations 2017 promises to be very interesting as sixteen teams clash in 32 matches to determine the best of the best in the continent.
There was fireworks and gymnastic display at the stadium to usher in the 31st edition of the Africa Cup of Nations.

Top international and African musicians thrilled the continent at the opening ceremony that was watched from the 40,000 seater Stade de l’Amitie by millions of people worldwide.

Franco-Senegalese rapper Booba was the star turn and thrilled spectators at the opening ceremony.

Gabonese President Ali Bongo declared the tournament officially open. He was accompanied by his counterpart from Guinea-Bissau, Jose Mario Vaz, and Issa Hayatou, the veteran head of the Confederation of African Football among other CAF, FIFA and sporting personalities at the 40,000-capacity stadium.

 

The opening ceremony end with the first match of the competition between Gabon and Guinea-Bissau at 1600 GMT and the game ended 1-1.

UNHCR: ‘Thousands fleeing Gambia fearing potential unrest’

Several thousand people, mainly children, have crossed into Senegal from the Gambia in the last ten days to escape growing tension over the results of last month’s presidential election, the UN Refugee Agency in Dakar has confirmed.
 
While some people have decided to stay in The Gambia, many have begun sending their children to Senegal as a precautionary measure amid the political impasse, fearing potential unrest.
 
The United Nations High Commission for Refugee (UNHCR) teams report seeing buses filled with children, accompanied by women, cross the border,” said Liz Ahua, the regional representative for the UN Refugee Agency in Dakar.
 
Gambia’s longtime ruler Yahya Jammeh narrowly lost to rival Adama Barrow in the country’s December 1 election. After initially conceding defeat, Jammeh reversed his decision prompting international condemnation.
 
He is now contesting the result at the Supreme Court which had already announced that it cannot sit over the matter over lack on judges to constitute a panel to hear the case. Hi Attorney, Edward Gomez has further filed an interlocutory injunction seeking the superior court to stop President-elect Barrow from been sworn-in pending the outcome of the petition ruling.
 
According to Ahua, the UNHCR, other aid agencies and the Senegalese authorities have been monitoring the borders since the political crisis erupted, deploying  joint field missions last week and this week to southern Senegal’s Cassamance, bordering Gambia, and its surroundings.
 
Much of the daily border crossing is regular traffic, but preliminary findings also suggest that several thousand people have crossed to Senegal to seek shelter, mainly in the Ziguinchor, Sédhiou, Kaolack and Kolda areas.
 
The UNHCR says with support from Senegalese authorities, they are working to strengthen registration systems, which will help clarify figures.
 
“Most arrivals in Senegal are Gambians and Senegalese who have been working or living in the Gambia. The teams also report Ghanaians, Guineans, Liberians, Mauritanians and Lebanese among the arrivals. Most are staying with relatives or host families. Some households have more than doubled or tripled in size, which risks putting a strain on their resources, especially food,” UNHCR’s Ahua noted.
 
Ahua added that the UNHCR is working closely with the Senegalese authorities and aid agencies to establish contingency plans in case of future influxes. “These include identifying and preparing transit and hosting sites near existing facilities providing basic services” Ahua noted.
 
In the meantime, the UNHCR announced that it has dispatched a team on Thursday, January 12th 2017, to Zinguichor in Cassamance area, to assess existing protection capacity.
 
The UNHCR office and the authorities in Guinea Bissau are also sending a team to Cacheu in the north-west of that country, where some 400 people have reportedly arrived from the Gambia in recent days.
 
In addition to UNHCR and Senegal’s National Committee for Refugees, Returnees and Displaced People, interagency missions also included OCHA, UNICEF, the World Food Programme, IOM and other stakeholders.
 
Diplomatic efforts from various international actors, including ECOWAS, the African Union and the UN, are under way to convince President Jammeh to step down and allow Barrow to assume his new functions on January 19.

Barrow meets French President Hollande at Mali Summit, discusses Gambia situation

Gambia’s President-elect Adama Barrow today met with French president François Hollande at the France-Africa Summit in Mali and discuss the current political situation in The Gambia.

The ongoing 27th Africa-France Partnership, Peace and Emergence Summit is convened by French President Francois Hollande in Mali, aimed at strengthening cooperation between France and African countries in the areas of peace and security, economic partnership and development.

Prior to meeting President-elect Barrow, President Hollande during the opening of the Summit called on outgoing President Yahya Jammeh to respect the will of the people and hand over power peacefully. He assured Barrow of France’s fullest support saying his country will recognize him as legitimate President of The Gambia by January 19th.

Barrow flew to Bamako on Friday accompanying ECOWAS mediation team after failed talks in Gambia. Today, he briefed West African leaders at the Summit about the ongoing political impasse in The Gambia.

On Friday, the ECOWAS mediation team leader by Nigerian President Muhammadou Buhari with Liberian President Ellen Johnson Sirleaf and Ghana’s former President John Mahama where in the Gambia to find a lasting solution to the political impasse.

The talks failed for the second time as incumbent President Yahya Jammeh who lost the December polls still insist on power saying he will not hand over power until the verdict of the court is delivered on his petition.

Barrow held talks with West African leaders at France-Africa Summit in Bamako

Gambia’s President-elect Adama Barrow today held talks with West African leaders at the ongoing 27th France-Africa Summit in Mali.
The ongoing 27th Africa-France Partnership, Peace and Emergence Summit convened by French President Francois Hollande in Mali is aimed at strengthening cooperation between France and African countries in the areas of peace and security, economic partnership and development.

No detailed information came out as to what Mr Barrow discussed with leaders but it is believed that it all centered on the current political situation in the country.

Barrow flew to Bamako on Friday accompanying ECOWAS mediation team, to briefed West African leaders at the Summit about the ongoing political impasse in The Gambia.

On Friday, the ECOWAS mediation team leader by Nigerian President Muhammadou Buhari with Liberian President Ellen Johnson Sirleaf and Ghana’s former President John Mahama where in the Gambia to find a lasting solution to the political impasse. The talks failed for the second time as incumbent President Yahya Jammeh who lost the December polls still insist on power saying he will not hand over power until the verdict of the court is delivered on his petition.

Has President Buhari abruptly left Banjul after meeting Jammeh?

Unconfirmed report to The Fatu Network reveals that Nigerian president and chief mediator Muhammadu Buhari abruptly left Banjul immediately after meeting outgoing president, Yahya Jammeh without meeting President-elect Adama Barrow and his team as scheduled.

It is still not clear as to why Mr Buhari abruptly left but unconfirmed reports say it may not be unconnected with the many unnecessary demands that out going, Yahya Jammeh has been making as part of his pre-conditions for a possible break through.

The Fatu Network is frantically doing everything to verify and to bring to you the updates as to why this happened.

‘If we fail the people of Gambia, we will be failing Africa’- AU boss Zuma

Dr. Nkosazana Dlamini Zuma, Chairperson of the African Union Commission has called on the African Union Peace and Security Council to be unambiguous & unequivocal in its message to resolve the current political crisis saying “If we fail the people of The Gambia, we will be failing Africa’.

Dr Zuma said the situation in The Gambia does not need long discussion because when the people have spoken, that should be respected.

Addressing the 647th meeting of the African Union Peace and Security Council on Friday, 13th January 2017, in the Ethiopian capital, Addis Ababa, Dr Zuma insisted that the will of the Gambian people must be respected in this instance.

“We don’t need long discussions on this matter. The African Union Peace and Security Council must be unambiguous & unequivocal in its message to resolve this issue. The African Union is working with ECOWAS leaders and the stakeholders of The Gambia to ensure a smooth transition of authority on 19 Jan 2017. The Gambia voted, the president-elect was voted & he should be installed when the time comes” she insisted.

Dr Zuma said the will of the people must be respected saying “We’ve come a long way. Democracy in Africa is thriving… The ECOWAS region presents a good example of democracy in Africa… and when the people have spoken, that should be respected”.

Meanwhile, at the end of the meeting, the African Union has announced it will cease to recognise Yahya Jammeh as Gambia’s legitimate president as of January 19th, the date he is due to hand power to the winner of the December election, the AU’s Peace and Security Council said.

African Union Peace and Security Council also warned of “serious consequences in the event that his action causes any crisis that could lead to political disorder, humanitarian and human rights disaster, including loss of innocent lives and destruction of properties”.

It could be recalled that outgoing President Yahya Jammeh was defeated in December polls, conceded defeat and later reversed the decision prompting international condemnation. He has since been defiant and the sub-regional bloc, ECOWAS, has for the second time visited the Gambia without any deal. Mr Jammeh is still defiant and leaders may resort to military intervention to get rid of him.

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