LJD,

Thanks for weighing in on this subject and for clarifying the
constitutionality of the age limit. I was hoping to generate more broader
discussion on this subject in regards to not only this provision in the
1997 amended constitution but also to include other provisions that may
have been inserted in the new constitution that may be overlooked thus
leaving us with little option in challenging its constitutionality...

It is interesting that we can't challenge "the constitutionality of the
constitution" even if it is clear to all that it is deceptive and therefore
needs to be overhauled. I am guessing this might create even a bigger
problem for a new   government in Gambia that would want to change some of
these provision in the constitution. We got some serious work to do Gambia
and the APRC may end up deepening our governing mess than we may
realized.... Time will be the judge on this...

Much appreciated...

Demba


On Sun, May 26, 2013 at 10:00 PM, Lamin Darbo <[log in to unmask]>wrote:

> Demba
>
> You are assuming ours to be a normal constitution where the drafting
> process was underpinned by a proper and disinterested sensitivity to the
> balancing of competing demands across the public spectrum of The Gambia.
> Our Constitution is Professor Jammeh's document, and it was meant to favour
> his ambitions through and through. It does in a manner that absolutely
> astounds. Not that a Constitution could have effectively stood in his way
> even if it is the time-tested and enduring US Constitution with its balance
> masterfully choreographed to the demands of public liberty.
>
> In so far as the age requirement is an express provision of the
> Constitution, it is not open to challenge in the courts. There is nothing
> to clarify on the point. It can be changed, but that has to be done via the
> Constitution's prescribed amending mechanism. There is absolutely no chance
> of that happening as long as Professor Jammeh is in power. Numerous
> amendments were made to the Constitution, and without exception, all were
> intended to consolidate the Professor's hold on power.
>
> Presumably, different calculations went into other age provisions, e.g.
> Judges, and those are therefore not interposable as arguments to vitiate
> the legality of the upper age qualification for the presidency. The five
> year residency qualification is a more lethal weapon in the hands the
> Professor than the upper age provision.
>
> As for the so-called "consultative" process, it was a scam, and there was
> never any serious commitment to respect its findings and recommendations.
> Professor Jammeh is a profound Maciavellian, an utterly dangerous man. When
> he is gone, the Constitution must be overhauled. For now we are stuck with
> it, presidential age requirements and all.
>
>
>
> LJDarbo
>
>
>   ------------------------------
>  *From:* Demba Baldeh <[log in to unmask]>
> *To:* [log in to unmask]
> *Sent:* Monday, 27 May 2013, 3:35
> *Subject:* Re: [G_L] Gambia: Constitutional question on age limit in
> contesting elections for the Presidency????
>
> Sorry for all the typos.. I meant to say it was not an act of parliament,
> and that could it be challenged in the courts?
>
> Any inputs would be greatly appreciated...
>
> Thanks
>
> Demba
>
>
> On Sun, May 26, 2013 at 7:29 PM, Demba Baldeh <[log in to unmask]> wrote:
>
> In my interview with Lawyer Darboe, we discussed the constitutionality of
> the Presidential age limit restriction; I wanted to find how did that
> provision clause made it to our constitution? Was it part of the
> recommendations presented by the consultative committee? Was it inserted by
> the Junta after or before the referendum? It appears that it was an act of
> Parliament? How did we end up with that provision?
>
> Could be challenged in a court of law, does it contradict other provisions
> in the constitution example Judges age limits, etc... Could we have our
> legal experts, political and or historians please help clarify this issue.
> It would also be great if Dr. Jallow who was part of the consultative
> committee explain if this issue came up during their consultations and if
> so what does he think was the rationale behind this rule?
>
> In inputs and or discussions would be greatly appreciated...
>
> Happy Memorial Day to all of you and your families...
>
> Thanks
>
> Demba
>
> --
> *"Be the change you want to see in the World"*
>
>
>
>
> --
> *"Be the change you want to see in the World"*
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