Ex-President's Return Must Be Conditional - Legal Adviser Insists

Prince:

I guess if Sir Jawara had the keys to heaven, this one lawyer will be in -:)
This pasted from AllAfrica website.
 ===========================================================================

The Independent (Banjul)

January 7, 2002
Posted to the web January 7, 2002

Banjul, the Gambia

A British-Gambian legal expert who had occasion ally given legal advise to
former president Jawara in the UK has said that a legal framework, must be
put in place before Sir Dawda could return to The Gambia.

The UK-based legal expert who declined to be named, told The Independent
that the modalities should offer clear directives that would not succumb to
complications about the ousted leader's post-exile status in The Gambia.

The British legal mind also said Jammeh's declaration of an amnesty to Sir
Dawda must clearly state that it overrides or supersedes any political or
military decree or any other provision of The Gambian constitution that
would subject Sir Dawda to any form of judicial process should he return.

He said it must be within Jammeh's powers to make a public announcement to
that effect. He also re-emphasised that it would be wise to put up
modalities in the form of documents to give "an air of legality" to cover
security that can truly enable the former leader to benefit from an amnesty
free from the dangers posed by insecurity or witch hunt, which could not be
possibly ruled out. He also opined that it would be significantly helpful
to the whole process if "the right formula is put in place to return the
ousted leader's assets and allow him the chance to settle into Gambian
domestic life". The expert who believes that there has to be serious and
genuine political compromises before Jawara's transition from an exile to a
home-based Gambian, said it would be a resounding victory for both him and
the man who ousted him from power more than seven years ago. "It would be
triumphant for both of them in that Jawara has stated his position and if
he is to return on those basis then he cannot be denied the honour he
deserves. Moreover if Jammeh should facilitate the process he would be seen
as a man does not fear Jawara after he was mandated to rule. He would win
applause for using his mandate to the nation's interest" he argued.

The legal expert who recollected Sir Dawda as very astute in mind and still
active in body during all these years of exile in the United Kingdom, said
it a Jawara-Jammeh compromise would diffuse the tensions and situations of
bad blood between Gambians divided on political lines.

He said Sir Dawda should be treated as an elder statesman accorded all the
privileges entitled to former presidents. He said this includes providing
for the "old Pa" state benefits "which though should not make him live a
banquet life as it may have been when he was president".

Meanwhile Sir Dawda who has accepted Jammeh's offer of amnesty to return to
the Gambia, has said he may come home by February to witness the country's
independence day celebration. Speaking to a GRTS panel of interviewers
Friday the ex-president reiterated his desire to end his years in exile and
announced his disengagement from active Gambian politics. He also said he
would put to consideration any offer to work with the APRC government, but
pointed out that he could play "some kind of role" in ensuring that The
Gambia thrives as a developing nation.

Speaking for the first time since the amnesty was declared, Sir Dawda had
told The Independent last week that if President Jammeh could grant him
unconditional amnesty he could only conceive that the grounds would have
been prepared for his easy return to normal life in The Gambia. He also
tread a cautious line when asked about his impression of the political
situation here especially after the main opposition UDP declared it was
boycotting the January 17 election. In a response signifying his
disinterest in politics Sir Dawda said his absence from the country robs
him of the advantage to authoritatively judge the situation.

<<//\\>>//\\<<//\\>>//\\<<//\\>>//\\<<//\\>>//\\<<//\\>>

To view archives of postings, go to the Gambia-L Web interface
at: http://maelstrom.stjohns.edu/archives/gambia-l.html
To contact the List Management, please send an e-mail to:
[log in to unmask]

<<//\\>>//\\<<//\\>>//\\<<//\\>>//\\<<//\\>>//\\<<//\\>>