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Subject:
From:
"Edrissa S. Sanyang" <[log in to unmask]>
Reply To:
The Gambia and Related Issues Mailing List <[log in to unmask]>
Date:
Fri, 17 May 2013 08:20:44 -0400
Content-Type:
text/plain
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text/plain (193 lines)
           Distraction is not the intent here.

             Farang.



-----Original Message-----
From: Joe Joe <[log in to unmask]>
To: Gambia Post <[log in to unmask]>
Sent: Wed, May 15, 2013 5:58 am
Subject: RE: [>-<]   A “pardon” for Imam Baba Leigh is preposterous
nonsense!

Lamin, Nour Nour, Nuki! We all knew this day will come to pass. Again,
a people deserve the leaders they get. Imam Leigh was abducted, his
relatives, friends, and rights groups came out to demand, plead, and
ask for mercy from the Mufti. Never forget that in the religious
hierarchy in the Gambia for Muslims, Yaya is the highest authority,
just like a Bishop is to priests. A Mufti is no match for an Imam.
Continuing, the rights groups demanded an unconditional release of
the Imam and the Gambian Haters in the WEST demanded for his release
and also organized to raise funds for the Imam's Legal Representation.
However, the family says no, just give us the money and please do not
make waves because that will infuriate the Mufti and our Imam will
suffer more. Then the suspense, as the Haters do not know whether to
sit or stand. Suddenly, the opportunity to die for arose which was
anticipated by many interest groups - Imams, SICK, Yai & Bai Compins,
the Fired Groups, those that want to crash the party, and the Gate
Keepers, etc. The frenzy to lead the representation was in full
throttle and we woke up to the Town Crier's (DO) call that the fix is
in. For a pardon to be successful you need the criminal who committed
the crime, the schemers, and a willing victim. I know some will argue
that the victim does not have a choice, for it is either he accepts the
situation or go back in. Yes, if the victim is someone who fears man
and his power, then that victim can run with the opportunity. However,
if the victim is a man of Allah and fears none other than Allah, then
the victim must not allow to be pawned. If he accepts the lie and play
along, then he too is part of the scheme no matter how much we
sympathize with his situation. Accepting to be pardoned means the Imam
accepted that he committed the crime that the criminal accused him of
privately and the Imam's handlers also believe that the Imam did
something wrong and needs to ask for forgiveness. Yes, we are talking
about "Pillars of a Society" and that means we are all GAME. And so,
the lie and rottenness of our affairs is not to Yaya alone. The Imam
has learn his lesson and will forever hold his peace and will shut his
mouth and mind his business from here on out. His relatives and friends
will do the same, while others in similar situations (plenty to be
named) are still languishing in jails across the country. Is the Imam
going to stand up and fight for those that are still in the inside,
just as the rest of the world did for him? Based on this scheme and the
precedence, I will say no. And so, the cycle continues, as we heap one
lie to cover another lie. Ours is, "Askanu Saaku Nyaan" and it is
sickening. We all know what's up, but we are masters of deception with
willful disregard and will invoke the name of God, Allah, Jehovah,etc.
as represent evil. We need to stop creating excuses for it will yield
us nothing but a continuation of the hell our people live in. When the
Imam was in, his congregation sat down and so when the congregation
is in, the Imam will not make a loud call. The same set-up is with the
politicians, lawyers, etc. If Imam Leigh accepts this deal and we gloss
over it, we are also part of the problem. Other Imam's died for Allah
and the truth, so, what is different with our brother?
 
I know some will say here he goes again sitting on his keyboard
thousands of miles lecturing to Imam Leigh. Yes, you can say that,
but you still are not facing the truth. Besides, Imam Leigh is just as
human as my humble self here and I know the brother for almost half a
century. Where some of you see an Imam today, I also see a neighbor,
brother, Ndongo, Hajan kat, football player, kasori FC supporter,
Vous guy, etc. So, I have a vested interest in covering for him.
However, that is not why am here. The truth will always set us free.
This is no time for Imam Leigh, his friends and relatives to disappear
but to stand up to defend the rights of others who are still in or
about to go in. Now, if we go with the Gambian logic that "Pour Lan
Imam Di Waxh Nyu Diko Teg Mom Rek." Duff Rek! Well, that is what many
of the politicians also do. What chance does the regular Joe, Samba, or
Demba have with no following? Our mindset is a great asset to Yaya and
so we can continue to pretend that we have higher thinking over Yaya,
but the JOKE is on US. At this rate, we have a destiny with Yaya for
his natural life.
 
Joe   
 
Date: Mon, 13 May 2013 23:26:01 +0100
From: [log in to unmask]
Subject: [&gt;-&lt;] A “pardon” for Imam Baba Leigh is preposterous
nonsense!
To: [log in to unmask]

          A “pardon” for Imam Baba Leigh is preposterous nonsense!
 
When news of Imam Baba Leigh’s (Imam Leigh) release exploded in Gambian
communities at home and abroad, it was greeted with unanimous and
justified relief. For watchers of Gambian public space, curiosity
nevertheless centred on how the Imam Leigh imbroglio would be explained
by his abductor, i.e. the state of The Gambia. The wait wasn't long,
and true to form, the state handling of the affair was astounding in
its capriciousness. Or maybe not so astounding as ours is now a country
where the absolutely ridiculous is the new normal!
 
As if nothing was ever amiss, Imam Leigh was paraded before the nation
in a manner that exposed his handlers in extraordinary fashion, and our
public space as sorry through and through. A citizen was abducted from
the sanctuary of his home, and the state made no effort whatsoever
to regularize that public criminality by either informing him of his
offences, or charging him with a crime against a law, or laws, of The
Gambia. After more than five months, he was released from unlawful
state detention and told on national television that he was a loudmouth
and must apologise to our benevolent father of the Republic, His
Excellency Sheikh Professor Alhaji Doctor Yahya A J J Jammeh (the
Professor). And this by custodians of the Gambian moral conscience! By
any yardstick, the Imam Leigh saga goes to the very heart of our
ability to meaningfully survive as a polity.
 
In trademark fashion, we awoke to the Daily Observer’s publication of a
press release purporting to grant Imam Leigh a presidential pardon.
“The Imam of Kanifing Estate Baba Leigh has been released, after a
pardon by President Jammeh.  The Imam was accompanied to State House by
the Imam Ratib of Banjul, Alhaji Cherno Alieu Mass Kan and members of
the Supreme Islamic Council.  He was received there by the Minister of
Presidential Affairs, Secretary General and Head of the Civil Service,
Dr. Njogu Bah”.
 
To understand what must occur before a pardon could be legitimately
granted, we must examine the fundamental and dis positive law as
enunciated at section 82 of The 1997 Constitution of the Republic of
The Gambia:
 
(1) The President may, after consulting the Committee established by
subsection (2) -
---(a)  grant to any person convicted of any offence a pardon either
free or subject to lawful conditions;
 
---(b)  grant to any person a respite, either indefinite or for a
specified period, of the execution of any punishment imposed on that
person for any offence;
 
---(c)  substitute a less severe form of punishment for any punishment
imposed on any person for any offence;
 
---(d)  remit the whole or any part of any punishment imposed on any
person for such an offence or any penalty otherwise due to the State on
account of any offence 
 
(2)  There shall be a Committee on the exercise of the prerogative of
mercy consisting of the Attorney General and three other persons
appointed by the President subject to confirmation by the National
Assembly.
 
Clearly, the legal framework of a pardon was not triggered in the case
of Imam Leigh. He was abducted, not arrested. In addition, he was
neither informed of, nor charged with any offence against any law of
The Gambia. Needless to say, and more crucially, Imam Leigh was never
convicted and sentenced for a criminal offence by a competently
constituted Court. What he encountered was state criminality of the
highest order!
 
As far as the supreme law of the Gambia is concerned, a pardon
generally comes after a conviction. On the evidence, Imam Leigh was
abducted and disappeared for over five months. He was never charged
with any offence, and no prosecutions were commenced against him, and
there was no concluded judicial proceeding resulting in a conviction.
In the circumstances, there could not be a presidential pardon.
 
I should also point out that serious criminal offences were committed
by the State against the person of Imam Leigh.  As such, anyone who
propounds the nonsense that we should be grateful to the Professor for
releasing Imam Leigh betrays cluelessness of the highest order. Merely
thinking such nonsense is offensive to legality and common sense! There
was no reason for the man to be subjected to treatment so completely
outside the permission of our laws, the very fact of his abduction and
incarceration entitles him to millions in compensation from The Gambia
Government and its agents. 
 
 
 
 
Lamin J Darbo
 
 



  		 	   		

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