Galleh,

Like uncle Mathew, you're a tough nut to crack. You are close to persuading me to taking my braces off and fly to Gambia to lead a vigil at the Rictator's mansion. But as soon as I begin to write, a glimmer of resolution's light beckons and gnaws at me. I am between a rock and a friggin Galleh (Adobe).

As much as I want to agree with you that it is all a charade galloping ever so slowly to its fateful conclusion, I am compelled to give Ikpala the benefit of doubt as his stature pleads. I must tell you I haven't heard of Ikpala before but by inner conscience tells me he is no Wowo or Fagbenle. I refuse to believe he is conducted by the Rictator and his minions. And UDP's compass toward jurisprudential discernment, although seemingly hopeless, must be viewed as a station in the genesis of rebirth. I have seen stranger things happen as human conscience overwhelms tertiary concerns and maybe, just maybe, Ikpala is his own man or will be his own man at the hour prior to rendering his decision. He could still accomodate the supreme court's review of the constitutional matter in one of several ways:

Circumstances can prod the supreme court into high estoppel of Ikpala's adjudication and therefore automatically stay his judgement on the more minor (heirarchically) matter of Femi Peters' persecution. In which case Ikpala will not suffer the wrath of the Rictator were the latter to be the pupetteer, which I doubt somewhat. Or Ikpala could bear on the fact that even though Femi and UDP were denied permit, the incompletion of the permitting process (good and timely delivery of disapproval even in the face of UDP's publicly announced rally), by default, gives the 1997 constitution primacy. In other words, absent genuine and sincere intent on the part of the IGP, the constitution of Gambia reliably governs.

Anyway Galleh, I don't mean to pre-empt Ikpala's judgement but there are a myriad ways he could circumvent onerous interference into his good offices. And still do justice. If it is his job he fears, I want to promise Ikpala here and now that should he suffer retributive conscription, I have a place in a willing and able law firm that has communicated to me they will be glad to have Ikpala. Unless of course his legal credentials are found wanting. They do go through a thorough background check.......Sunstein, Mathers, and Bertucci.

Galleh I may never be able to convince you that not every one in Gambia is doing the Rictator's bidding even though an overwhelming majority of officials in the legislature, executive, and judiciary are lost souls. Might I therefore locate my hope in DaarManso's ware and in the belief that permutation itself is given to malignant tumor every now and again. I feel your pain. I sense it in your voice Galleh. Do not despair. Yet. If you yield, when later you despair, I shall despair with you. Deal????

I gotta go. I got this Guatemalan painter wondering if I want him to apply primer before he splashes on the red colour. This idiot. See you later Galleh. Haruna.


-----Original Message-----
From: Baba Galleh Jallow <[log in to unmask]>
To: [log in to unmask]
Sent: Tue, Dec 15, 2009 12:16 pm
Subject: Re: In the matter of Femi Peters V. Inspector General of Police, Gambia.


What is this but a colonization of our judicial institutions and processes? Why should a Magistrate Ikapala, rather than a Gambian magistrate be presiding over this non-case? The supreme court will not review the larger constitutional question. See Haruna, supreme court, the IGP, the chief prosecutor and everyone else within our judicial system are nothing but willing or unwilling instruments of Yahya Jammeh. This whole so-called process is a sham and a needless waste of our precious time and energies. If any crime has been committed in this matter, it was committed by the very people who are now putting Mr. Peters on trial. They disregarded the constitutional provision that guarantees the UDP and other politrical parties the right to hold political rallies. We have a situation in which the criminal poses as the law enforcer and persecutes the innocent merely because he has the power to do so. My opinion is that even participating in this process lends legitimacy to an illegal and illegitimate process. Ikapala has already been told what to do, and no amount of appeals and applications can make him do other than he has been ordered to do. This is a sad and tragic situation in our country. May God strike down the forces of evil and injustice in our dea Motherland.
 
Baba
 
Date: Tue, 15 Dec 2009 07:27:36 -0500
From: [log in to unmask]
Subject: In the matter of Femi Peters V. Inspector General of Police, Gambia.
To: [log in to unmask]


This does not say anything to me. Maybe JDAM can help us out. The Magistrates dismissal of Darboe's application does not seem to affect the case one way or the other. And the supreme court still has an opportunity to review the larger constitutional question. I know for a fact the IGP will be found wanting in proving his case against Femi Peters. Anyway, I yield for JDAM's review so far. This means the UDP will not hold any rally until after Dec. 22nd at least. I think PDOIS, NRP, PPP, or NDAM ought to apply for a permit for rally before Dec. 22nd. I don't know what will happen Dad, just do it men.
 
Haruna. Allez.
 
Courtesy: Freedomnewspaper.
 
Breaking News: Gambia:Court Dismisses Darboe’s Application For Stay Of Proceedings On Femi Peters’s Criminal Case
In Femi Peters Illegal Assembly  Case, Darboe's Application Overruled 
Court Dismisses Darboe’s Application For Stay Of Proceedings On Femi Peters’s  Criminal Case
By Staff Reporter James Jammeh, Banjul 
The criminal trial involving Gambia’s firebrand politician Femi Peters suffered a major setback, as the court dismissed Lawyer Darboe’s motion for the case to be transferred to the superior court. Principal magistrate Joseph Ikapala of the Kanifing Magistrate courts overruled Mr. Darboe’s application for stay of proceedings, pending the determination of the legal contentions raised by him (Darboe) over the legality of the  jurisdiction of the well publicized case. Mr. Darboe had earlier argued in court that the lower court does not have the jurisdiction over the matter at hand, but the presiding magistrate rejected his arguments-describing them as untenable. 
In formally delivering his ruling, magistrate Ikapala said Darboe’s motion was not only defective, but untenable. He said the  motion doesn’t have stamps and as such he was not keen at looking at it. The magistrate wondered if the said motion came from a proper custody, and thus dismissed it.  He raises eyebrows over Darboe’s contention that his court lack the jurisdiction to hear the matter. 
Addressing a crowded court room, the presiding magistrate said in view of the above reasons, he has no alternative but to dismiss the defense’s motion. He then asked the prosecution to proceed with their case against Femi Peters.  The magistrate said the prosecution is now free to call its witnesses. The case was adjourned to December 22nd for continuation. 
The magistrate’s failure to accommodate Mr. Darboe’s request for stay of proceeding would likely to have an adverse effect on the current application before the high court. What this ruling means is that,  Peter’s fate could be decided anytime soon.  If the superior court rules that the lower court lacks jurisdiction over the matter, then there is bound to be a fresh trial all over again.
Mr. Darboe has not yet reacted to the latest court decision. Some UDP supporters told this reporter that they will continue to pledge their loyalty to the party no matter what. They said nothing would stop them from coming to court to register their solidarity with the embattled UDP Propaganda Secretary Femi Peters. 
Mr. Peters is standing trial for holding unlawful assembly.  The state accused him organizing a political rally without permit from the office of the Inspector General of police. The UDP argues that it had sought  a permit from the police but was never approved. It resorts to defiance in exercise of their constitutional right to freedom of association. 

Court Dismisses Darboe’s Application For Stay Of Proceedings On Femi Peters’s  Criminal Case
By Staff Reporter James Jammeh, Banjul 
The criminal trial involving Gambia’s firebrand politician Femi Peters suffered a major setback, as the court dismissed Lawyer Darboe’s motion for the case to be transferred to the superior court. Principal magistrate Joseph Ikapala of the Kanifing Magistrate courts overruled Mr. Darboe’s application for stay of proceedings, pending the determination of the legal contentions raised by him (Darboe) over the legality of the  jurisdiction of the well publicized case. Mr. Darboe had earlier argued in court that the lower court does not have the jurisdiction over the matter at hand, but the presiding magistrate rejected his arguments-describing them as untenable. 
In formally delivering his ruling, magistrate Ikapala said Darboe’s motion was not only defective, but untenable. He said the  motion doesn’t have stamps and as such he was not keen at looking at it. The magistrate wondered if the said motion came from a proper custody, and thus dismissed it.  He raises eyebrows over Darboe’s contention that his court lack the jurisdiction to hear the matter. 
Addressing a crowded court room, the presiding magistrate said in view of the above reasons, he has no alternative but to dismiss the defense’s motion. He then asked the prosecution to proceed with their case against Femi Peters.  The magistrate said the prosecution is now free to call its witnesses. The case was adjourned to December 22nd for continuation. 
The magistrate’s failure to accommodate Mr. Darboe’s request for stay of proceeding would likely to have an adverse effect on the current application before the high court. What this ruling means is that,  Peter’s fate could be decided anytime soon.  If the superior court rules that the lower court lacks jurisdiction over the matter, then there is bound to be a fresh trial all over again.
Mr. Darboe has not yet reacted to the latest court decision. Some UDP supporters told this reporter that they will continue to pledge their loyalty to the party no matter what. They said nothing would stop them from coming to court to register their solidarity with the embattled UDP Propaganda Secretary Femi Peters. 
Mr. Peters is standing trial for holding unlawful assembly.  The state accused him organizing a political rally without permit from the office of the Inspector General of police. The UDP argues that it had sought  a permit from the police but was never approved. It resorts to defiance in exercise of their constitutional right to freedom of association. 
���������������������������������������������������������� To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface at: http://listserv.icors.org/archives/gambia-l.html To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l To contact the List Management, please send an e-mail to: [log in to unmask] ����������������������������������������������������������

Windows Live: Friends get your Flickr, Yelp, and Digg updates when they e-mail you. 

¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://listserv.icors.org/archives/gambia-l.html

To Search in the Gambia-L archives, go to: http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?S1=gambia-l
To contact the List Management, please send an e-mail to:
[log in to unmask]
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤