Now that the ALD is over as well as the rancour surrounding it, I would like
to re-open the debate on the present constitutional ammendments being
inacted. I believe the second constitutional ammendment bill that has just
been passed by our national assembly has very far reaching consequencies for
all.

One of the ammendments deals with the right of individuals to be charged and
brought before a court of law within 72 hours of being arrested or be freed.
The new ammendment to this particular legislation allows the ncarceration of
any one for an indefinite period as long as that person has been charged
within 72 hours. Unfortunately, this piece of legislation was rubber stamped
by our NAMS as usual. This is indeed very sad.

If you people recall, I once mentioned 2 very infamous legislations passed
in Ghana under Dr. Kwami Nkurumah and in Nigeria under Yakubu Gowan. The one
that Nkurumah introduced was called the Preventative Detention Act (PDA).
This was brought about to sort of control those the government considered
detractors bent on derailing/subverting the government. Unfortunately this
law was later to be used extensively to eliminate or incacerate anybody who
was considered a trouble maker. One of the most famous vitims, and there
were many, was Dr Dankuah who actually proposed and defended the adoption of
the name of Ghana from Gold Coast after independence. This second ammendment
is exactly what the PDA was to Ghana. What is even worst about this is its
vagueness. There is no time limit for detention and any security agent can
just pick you up and detain you indefinitely. The inherent barbarity in some
of our law enforcement officers and low self esteem makes it even more
frightening.

In Nigeria, that infamous sedition decree passed by Yakubu Gowan during the
Biafra war was left untouched and unrepealed by successive governments until
Sani Abacha used it to eliminate Ken Sara Wiwa and eight others. I was in
England at the time when Chanel 4 interviewed the prosecutor of the case as
to why he insisted on the death penalty after the Ogoni 9 were convicted.
His response, when it came, was very chilling. He told the interviewer that
the only penalty he could have asked for was the death penalty. He also
revealed how the decree was so designed to speed up the trial of any charged
under it, that the level of proof to be provided by the prosecutor need not
be very exhaustive. The burden of proof was so easy that "No QC could have
freed or prevented their execution", he said. What was most unfortunate
about the whole thing was that successive governments both military and
civilian never bothered to repeal that decree.

Since this particular section of the constitution is entrenched and must
therefore be brought up in in a referandum, it is very important that it is
exhaustively discussed to sensitize Gambians on the need to throw it out
just like the indemnity act. I pray that this be treated as a national issue
and not a party or APRC issue. If we treat it with the importance that it
deserves it may even yield an additional benefit in that these irresponsible
national assembly members will be seen for what they are, VERY IRRESPONSIBLE
LEGISLATORS. Another thing that I cannot understand is why despite the fact
that their renumerations cannot be altered to their disadvantage coupled
with the fact that they cannot be made Secretaries of State while they are
NAMs during the lifetime of the present term of the government, these people
continue to treat their representatives with such contempt. They are a big
disgrace to the Gambia people. If nominated members such as the deputy
speaker and Ahmed Kebbeh can speak their minds about these obnoxious bills,
why can't those elected by the people decide to ignore their appeals and
cries for them to throw out such bills?

Have a good day and bye 4Now, KB Jobe.
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