Lamin,
I can't believe you will go down controversy lane again. First, we must
remove the pin in our rear-end before asking who stuck it in!
Malanding
On 11/20/2014 11:43 AM, Lamin Darbo wrote:
> Well Malanding, there are two vital aspects to this case and the
> Supreme Court utterly dropped the ball on the other by asserting it
> lacks authority to propound on whether there is a valid death penalty
> law in The Gambia. It has the constitutional mandate to do so, and it
> would not be "speculative" at all, notwithstanding the CJ's position.
> In Justice Raymond Sock's now discredited decision two years ago, he
> actually dealt with the issue in a disturbing manner and the record
> would have reflected the thoughts of the Court on the matter. So the
> Court should have decided on whether there is a valid death penalty
> regime in The Gambia. I'm unsure that there is anything in the
> decision to be grateful to the CJ about.
> On another point, I certainly do not think there was an "editorial
> oversight". What I meant was that this was a short piece that did not
> pretend to embark on a detailed scrutiny of the decision.
> About overthrowing a democratically elected government, I'm sure you
> are aware that is a contested view. I never wavered from the position
> that displacing the PPP was justified.
> LJDarbo
>
>
> On Thursday, 20 November 2014, 16:02, Kejau Touray <[log in to unmask]>
> wrote:
>
>
> It is reasonable to say that generally the 1997 is a lot better than
> the 1970 constitution when it was adopted in 1997, but it has been
> muddled up gradually to suit the dictatorship and that is what makes
> it worse now. Nevertheless, Foroyaa was spot on, when it said that
> particular provision is not present in the 1970 constitution.
>
> Thanks,
>
> Kejau
>
> ------------------------------------------------------------------------
> Date: Thu, 20 Nov 2014 10:21:21 -0500
> From: [log in to unmask]
> Subject: Re: This is not about the 1970 or 1997 constitutions.
> To: [log in to unmask]
>
> Perhaps an editorial oversight but I thought this was a good
> opportunity for what grade school educators call positive
> reinforcement. For the first time in many years the courts are trying
> to do the right thing that is follow the law. This chief justice
> should be visibly encouraged to keep up the good work. For that I
> thought the story muddied the water by even mentioning 1970 constitution.
> On a ligjter note, as the Irish winter sets in our good friend will
> have no better place to warm up than Gambia-l:) You can take that to
> the bank!
> Malanding
> On Nov 20, 2014 9:57 AM, "Lamin Darbo" <[log in to unmask]
> <mailto:[log in to unmask]>> wrote:
>
> Malangding
> /Foroyaa's /piece is a brief journalistic/editorial reflection on
> the latest Tamba decision and it is accurate to wonder why this
> matter went to the Supreme Court twice in light of the clarity of
> the pertinent part of section 18 of the Constitution regarding who
> can/cannot be sentenced to death. Are you not taking a
> sledgehammer to a butterfly?
> I thank you anyway for dragging my good friend out of hibernation.
> Glad he is well!
> LJDarbo
>
>
> On Thursday, 20 November 2014, 12:51, Modou Mboge
> <[log in to unmask] <mailto:[log in to unmask]>> wrote:
>
>
> Nyang,
>
> Let the Professor, the Accountant cum journalist and former
> 'Finance Minister' of Sedia Bayo's exiled goverment and our
> resident angry environmentalist puff hot air whilst
> Foroyaa continues to do its excellent work for the Gambian
> people. It is all good.
>
> Best,
>
> Mboge
>
> On Thu, Nov 20, 2014 at 11:03 AM, Modou Nyang
> <[log in to unmask] <mailto:[log in to unmask]>> wrote:
>
> I guess that calling of "some of us" also include those like
> me who hold that the 1997 constitution is far superior to the
> 1970 one.It is good that everyone of us have an opinion and
> ready to express it even if they may not be backed by evidence.
> What is irrefutable is that constitutions and other laws or
> policies are never self implementing. That mishap or disregard
> by those with the authority to do so can never be a yardstick
> to measure their effectiveness or lack of it in comparison to
> others. Relying on an simple introductory premise to comment
> on the importance of highlighting the contradictory and
> illegal sentencing of people to death is disingenuous.
> Abdoukarim, i suggest you better start by editing yourself
> first and not let others assuming the opposite of what your
> actually write. Then, you or anyone else can bring forward the
> relevant portions of the 1970 constitution that you say helped
> strengthened governance in the Gambia better than the current
> document. And then we can pick up from there. Anything less
> than that will just be the expressions of sentimental opinions
> just like the one on elections you are trying to pass.
>
> Nyang
>
>
>
> On Wednesday, November 19, 2014 10:26 AM, suntou touray
> <[log in to unmask] <mailto:[log in to unmask]>> wrote:
>
>
>
> Karim, I agree with your take. So long as Jammeh remains
> at the helm of our national affairs, democracy will be a
> shadow semblance. The constitution is only useful when it
> serve Jammeh's purpose, sometimes the air of something
> proper do occur, but it is all a grand myriad. An illusion
> to put us off a bit.
> Thanks
> SUntou
> On Wed, Nov 19, 2014 at 2:29 PM, abdoukarim sanneh
> <[log in to unmask]
> <mailto:[log in to unmask]>> wrote:
>
> Suntou
> The 1970 constitution have strength our democratic
> culture. It has its deficit among which includes term
> limits lack of independent electoral commission and
> others. But remember election use to be free and
> fair. Let Foroyaa stop the nonsense. The 1997
> constitution just give yaya Jammeh absolute power and
> narrow the space for democratic participation. With
> the ban on political parties they spearhead the
> advocacy for its endorsement and even serve as a
> shadow consultancy in its crafting. Its separate the
> cabinet from the legislative and giving Yaya Jammeh
> the power to appoint members judges electoral
> commissioners. Suntou 20 years down the line how many
> ministers are appointed? The 1970 constitution have
> given us rule of law and good governance.
>
> ------------------------------------------------------------------------
> Date: Wed, 19 Nov 2014 11:47:09 +0000
> From: [log in to unmask] <mailto:[log in to unmask]>
> Subject: Re: This is not about the 1970 or 1997
> constitutions.
> To: [log in to unmask]
> <mailto:[log in to unmask]>
>
>
> Dr Jaiteh, I agree, this is not about which document
> is good/bad or superior to the other. Both documents
> haven't solve the core obstacle to our democracy,
> gaping term limits. And the death penalty should be
> totally eliminated, not needed. I guess the finger
> prints on the new constitution, in the person of
> foroyaa editorial consultant, Halifa will always make
> the 1997 constitution a pet project. Thanks
> Suntou
> On Tue, Nov 18, 2014 at 4:01 PM, Malanding Jaiteh
> <[log in to unmask] <mailto:[log in to unmask]>> wrote:
>
> Some of us are of the opinion that the 1970
> Constitution was not suspended because of its
> flaws but to legitimize an illegal usurp of power
> by the military. And despite its many flaws
> including the lack of the said subsection 2 only
> one (1) person was executed under the 1970
> constitution.
>
> Even without going into the merits of the August 9
> execution and the trial, conviction and treatment
> of Lang Tombong and Co., do we really believe that
> commuting their death sentence to life is the
> result of the existence of subsection 2 in the
> 1997 constitution? And that they may have had no
> reprieve had the 1970 constitution being around?
>
> Rather than focusing on the difference between
> 1997 and 1970 constitutions, I believe the writer
> should commend Justice Nawaz Chowhan and team for
> doing the right thing by confirming whats explicit
> in the constitution and go further to demand that
> their conviction be thrown out in its entirety as
> evidence suggest it to be politically motivated.
>
> Malanding
>
> Courtesy: http://www.foroyaa.gm/archives/2420
>
>
> A LAND MARK DECISON OF THE SUPREME COURT NOBODY
> WILL BE SENTENCED TO DEATH WHO HAS NOT TAKEN THE
> LIFE OF ANOTHER
>
> Editor
> <http://www.foroyaa.gm/archives/author/editor>November
> 17, 2014 <http://www.foroyaa.gm/archives/2420>
> When the High Court sentenced Lang Tombong Tamba,
> Omar Bun Mbye, Bo Badjie, Kawsu Camara (alias
> bombardier), Modou Gaye, Gibril Ngorr Secka and
> Abdoulie Joof to death, Foroyaa did not hesitate
> to point out that the onlyreason why the provision
> on the protection to the right to life in the
> 1997 Constitution was superior to that of the 1970
> Constitution is Subsection 2 of Section 18 of the
> Constitution.
> Subsection 2 reads: “/As from the coming into
> force of this constitution , no court in the
> Gambia shall be competent to impose a sentence of
> death for any offence unless the offence is
> prescribed by law and the offence involves
> violence, or the administration of any toxic
> substance, resulting in the death of another person/.”
> Simply put, a court is barred from imposing a
> death sentence on anyone who has not killed another.
> This means that all the death sentences for
> treason under the criminal code should be amended
> to conform with the provisions of the Constitution
> or should be disregarded as null and void by
> courts when no evidence of killing is given during
> a trial.
> We were surprised how this unambiguous provision
> could be subjected to misinterpretation by any
> legal mind and the Supreme Court has served the
> cause of justice by giving the provision its
> proper interpretation.
> Pardon should follow to end the nightmare of
> spending years on death row and not knowing when
> the end would come.
>
> いいいいいいいいいいいいいい いいいいいいいいいい
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