OPINION
IS PRESIDENT JAMMEH TO RELINQUISH POWER VOLUNTARILY?
By Lamin Sabally



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October 27, 2005
This piece of opinion is an addendum, furtherance or if you like, a backup
to Allgambian recent editorial touching on a realistically million dollar
question engaging the minds on many Gambians as to whether Dr. Jammeh, the
undisputed world's youngest President will vacate State House voluntarily.
In fact, readers of Gambia post may recall that in June 2003, I authored a
similar article: "Is President Jammeh to Relinquish power"?. The article
at the time came on the heels of Dr. Jammeh's own pronouncement made in an
interview on Gambia TV during which he said "being a president was like
being in prison because a president is never free to do private things".

I will like to reproduce the same article the necessity of which has been
piqued by allgambian impartially constructed article with all
manifestations of frankness in context and weeded of any mendacity or
speculation.

"I want to enjoy myself as a freeman; I am not free because where ever I
go, I am guarded or escorted". These were some of the exact lucidly
emphatic assertions by Yahya Jammeh in 2003 in an interview with GRTS
marking his birth day celebration which was spectacularly attended by
avalanche of APRC militants Cabinet ministers, Assembly Members, Members
of the Diplomatic Corps, senior government officials, invited guests and a
host of other people from the nook and cranny of country.

The President's pronouncements to my conviction could herald a
constructive debate and can as well fittingly pique curiosity minds of
many of his critics if his words as verbatim mentioned above are committed
to a meticulous microscopic scrutiny. Frankly, I do not doubt Jammeh's
commitment to his words that he will not cling to power as long as he
desires as I lack the psychological mind to truly discern his true
intentions.

Notwithstanding, what becomes concretely evident is that he fell short to
indicate as to how and when he intends to remain in State House thus
bulldozing me to wonder whether the president will really stick to his
words. His mere verbal offer without putting into place any concrete
mechanisms to reinforce his pronouncements not to overstay in power means
his position gathers exponential doubts at least.

The situation becomes tainted with exceedingly more doubts since the 1997
constitution invented by Jammeh does not state a definitive term limit to
presidency. To speak the language of the constitution, the stipulation on
the tenure of the office of president reads as follows: "The term of
office of an elected president shall, subject to sections(3) and(6), be
for a term of five years; and the person elected shall before assuming
office take the prescribed oath".

What could be gleaned from the above stipulation if confined to specific
interpretation is that it does not indicate for how long one can be
president but the person can remain in office as long as he keeps winning
the elections? I am not assuming the position of a constitutional lawyer,
far from it. I am just a half-baked educated person just presenting my
mere intellectual mettle by offering to give a personal interpretation of
the above constitutional provision. I am however convinced that it does
not take one to be a legal guru to arrive at such a factual conclusion.

Now without the existence of such a much clamored term limit, Dr Jammeh's
ability to convince me and many of his critics to take his words in their
true meanings is seen manifestly stultified. For him to give any
credibility to his words, he needs to offer a much needed amendment
stipulating a definitive period a person can serve as president. May be
two terms of 5years as proposed by many Gambians during the time of the
National Consultative Committee created by the then Military regime will
still be given a stamped approval by many Gambians. In fact, this
recommendation was crafted into the draft constitution but was expunged
deliberately by the Junta before the then draft was put to referendum of
1995.

In the hay days of the July coup, the then ephemeral press friendly
Lieutenant Jammeh and the now chronic press enemy President Jammeh told
the nation with astonishing brevity that "no single Gambian will be
allowed to stay in power for over ten years". It is 11 years on and all
indications are that Jammeh is well into a well strategize crusade of
perpetuating himself into power even though he presides over a government
synonymous with mounting rampant corruption, flagrant violation of press
freedom, political decadence, economic mess and social hopelessness. I am
pretty sure, for the sake of patriotism, every Gambia including the
"Jalibas" and the "Finnahs" of Dr. Jammeh including Jali Yankuba Touray
and Finnah Musu Fatoumatta Jahumpa-Ceesay will agree ungrudgingly that the
current dire economic and political situation in the Gambia are sufficient
reasons for Jammeh to sign his own dismissal letter from state House.

The advent of NADD is I quest, a harbinger for Dr. Jammeh's sacking and
confinement of his APRC chapter to the nation's political dust bin so that
the mammoth task of cleaning up their gargantuan mess can begin
expediently and immediately.

The fact though is Jammeh is that the ball is still in Dr. Jammeh's court
to endeavor to convince any Gambian that he will not overstay in power. I
hope he sticks to his words because political commentators have blamed
Africa's chronic political and economic cries partially on bad governance
often triggered by power greediness. Most African leaders have thus
provided a proven example to the century old adage that"power corrupts and
absolute power corrupts absolutely".
EID MUBARAK



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