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.
