Sanusi,



This is indeed a constitutional crisis!  Personally, I'm still stunned by the Supreme Court ruling over NADD. Then again, I say to myself that it would be utter naïveté to have expected a different ruling from this toothless judiciary.  Gambians are characteristically combative in nature, but I’m sorry to say that decades of docility and indifference have emasculated our civil and political society.  Trade unions are powerless and virtually non-existent.  Political parties are weak and often cash-strapped leaving room for the perpetuation of power in the hands of one party. Intellectuals are cowed into submission.

The judiciary has shamelessly connived with the executive branch in creating a culture of impunity. Punishments are disproportionate to crimes.  Persons convicted of economic crimes are given laughable sentences or totally acquitted and even compensated (ref. L. Conteh and Y. Touray). Court cases are often stalled while the prosecution officers and judges are afflicted with a sudden bout of fever (ref. Dumo et al and Darbo).

Meanwhile a rubber-stamp parliament sits by and passes draconian laws despite the feeble protests of the four opposition voices.  Even the clerk of the house who was supposedly meant to be just that begins accumulating powers of intimidation, culminating in the expulsion of those four opposing voices.  The stranglehold of the executive - epitomized by the President himself - over all other facets of Gambian society is now complete.  Apparently, the frequent rebuttals by the opposition parties only seem to embolden him on the constitutional and possibly civil crisis he has mapped out for the country.

It is derisory and outright insulting that opposition parties in neighboring Senegalese can form a coalition and successfully conduct elections without any under-handed tactics as the ones we’ve just witnessed against NADD. Maybe the fundamental difference between our Senegalese neighbors and us is that they have reached a level of political maturity that Gambian society is yet to attain.

The day is in the horizon when the Gambian will, without resorting to the use of violence, replace one ruling party for another.  In this struggle, though, opposition political parties have to stop taking things lying down and become more “Gambian”, i.e. more combative, in the positive sense.  Trade unions have to become more involved and more representative of their constituencies.  In addition, intellectuals should cease the political prostitution. Otherwise, the expulsion of the opposition MPs will be just the tip of the iceberg of the many hidden surprises for the opposition.

Momodou.


Sanusi Owens <[log in to unmask]> wrote:Kejau

The state is suffering from CONSTITUTIONAL CRISIS. The sacking of Chairman Roberts is nothing new. It happen in the case of Bishop Johnson and the matter was referred to the Supreme Court. Here again, the court ruled in favour of the Government.

In fact, have you read the reasons for sacking Chairman ROBERTS.??? What a joke!!! The Government have been made some allegations against this man so that FOREIGN DONORS will not challenge on their unlawful actions. The reasons for his dismissal has exposed APRC's evil deeds and as a matter,of fact, I would urge NADD leadership to make their objections known on the appointment of IEC commissioners who have some strong link with the APRC regime.

Sanusi



Kejau Touray <[log in to unmask]> wrote:
[ This e-mail is posted to Gambia|Post e-Gathering by "Kejau Touray" ]


The removal of IEC's Robert has no bases according to the 'constitution',
however NADD has nothing to fear from the ruling of the 'court', as their
number could not pose a credible opposition to the rubber stamp Assembly...
NADD's target should be the 2006 eletions and their attention should bot be
diverted unto this lesser matters.
They should not abondon their plan and hastened into naming a presidential
candidate. They should trust the electorates and not boycot any polling.
If Mr. Njie ( the new IEC Chairman is a member of the JULY 22 THUGS, then
his appointments should be challenged in the courts. Jammeh camp is
panicking and NADD should keep the momentum.

Please read:


"The President may remove a member of the Commission! from office-



a) for inability to perform the functions of his or her office whether
arising from infirmity of mind or body or from any other cause;

b) if any circumstance arises which would have disqualified him or her from
appointment to the Commission; or

c) for misconduct, but, before removing a member, the President shall
appoint a tribunal of three judges of a superior court to enquire into the
matter and report on the facts. A member of the Commission shall be
entitled to appear and be legally represented before the tribunal.




for misconduct, but, before removing a member, the President shall
appoint a tribunal of three judges of a superior court to enquire into the
matter and report on the facts. A member of the Commission shall be
entitled to appear and be legally represented before the tribunal".



Kejau

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